Join a community, not a client list.
Boutique London Lawyer
Get in touch today
Call us on 07855 849232 or
email david.gordon@dg-law.co.uk
Protect Your Good Name
On leaving the corporate world in 2001, Jackie set up a copywriting business called Comms Plus. It meant ‘Comms’ for communications, and ‘Plus’ for that little extra. However, once she started networking, she found everyone thought she was in telecoms.
That wasn’t the only problem. She found there was another Comms Plus who did marketing in the food and drink industry. There was also a Comms Plus Ltd who did telecoms.
There was no risk of confusing her business with the telecoms business, but there was a risk of clients confusing her with the marketing agency. In fact, she used to get their phone calls because her website was ranked higher on search engines than theirs. She always passed their callers on, although she’s not sure if it ever happened in the opposite direction.
The marketing agency was bigger than Jackie’s business, and had been established for longer, but they hadn’t protected their intellectual property. For example, they called themselves ‘Comms Plus Limited’ even when they weren’t.
Jackie took legal advice and registered the trademark to protect her in case the marketing agency accused her of ‘passing off’ (pretending to be them), and took her clients, her profits and a fine.
Initially, it seemed Staples.com would object, as they had an online service called Staples.com Plus. No human being would confuse the two, but the computer thought the wording was too similar.
She appealed, and the Staples.com lawyers agreed she could use the name as long as she promised not to sell stationery online.
Today, the other Comms Plus has ceased trading, Jackie is now operating under her own name, and the telecoms business is still thriving.
Business-owners often get confused about trademark law.
It used to be the case that the business using the name first had the rights to own it, but now it is the business who first registers it officially.
Putting the letters TM in subscript after the name of your business, brands or products doesn’t actually do anything to protect you in law. It merely shows your intention to register the trademark. In that way, it might deter other businesses from using the same name.
Your name is only protected properly once you have the R-in-a-circle registered trademark – to get that, you should apply via the Government’s patent office.
We can help you with that.
Make An Enquiry
Call us now on 07855 849232 or complete our Online Enquiry and we will be delighted to talk with you about your legal matter.
Share Article With:
Make An Enquiry
Blog Categories
Client Reviews
DG Law were fantastic throughout our purchase process. We had a short, fixed, timeline to
DG Law supported us through a very difficult contractual negotiation to achieve exactly the outcome
We were very pleased with the way that DG Law helped us on our transaction
DG Law resolved a difficult lease renewal for us and their services were excellent –
I needed understanding and experienced legal advice. DG Law provided an excellent service at a
My experience was second to none – the service was professional and personal. DG Law
DG Law always step up to the plate on our transactions and handle the various
DG Law was recommended to me and my partner and I received excellent advice –
Having worked with DG Law a number/couple of times now, I have been really impressed
DG Law were constantly at hand, and kept pro-active throughout the thorny process of getting
DG Law came recommended to me and whilst setting up a new business it was
We were recommended three lawyers to handle the sale of our seven year old successful
Why Choose Us?
We live by our core values of transparency, flexibility and being honourable – every day
We put ourselves in your shoes so we understand your problems from the inside out
We deliver our advice in a way that is easy to understand