TradeMark Law question

Edward9

Hi if a person Owns a registered trademark for example'' Craggy Island Dog Groomers ''
And there is a unregistered group of people called '''Craggy Island Dog Groomers Association''

Does that person have legal right to ask this Association to stop using that title without permission??

Swampy

Edward9 wrote: »

Hi if a person Owns a registered trademark for example'' Craggy Island Dog Groomers ''
And there is a unregistered group of people called '''Craggy Island Dog Groomers Association''

Does that person have legal right to ask this Association to stop using that title without permission??

Yes. Much to similar.

Buttercake

Is craggy island a real location? trademarking real geographical locations is a very grey area and should be consulted with a trademark lawyer

Also it depends on the specific location, I'm sure if someone tried to call themselves Ballymaloe Dog Groomers, the relish manufacturers would have something to say about it as their trademark is Ballymaloe goods and services.

If its Dublin Dog Groomers, not even sure if that would be accepted as a trademark.

Graham

Buttercake wrote: »

Also it depends on the specific location, I'm sure if someone tried to call themselves Ballymaloe Dog Groomers, the relish manufacturers would have something to say about it as their trademark is Ballymaloe goods and services.

I understood you had to specify specific Nice classes when applying for a trademark.

mneylon

A lot depends ..

Which existed first? The trademark or the group?

Are they operating in the same "space"?

What does the trademark actually cover?

Which jurisdiction is the trademark in?

boardsusername

Hi
I have a question in a similar -ish vein. But it concerns the sale of a natural unprocessed product.

If someone was selling bags of "Craggy Island Apples" could there be another person selling "Craggy Apples" in bags? Same apples but completely different in bag size, price, design & labelling?

I've heard of passing off, but does that mean there can only ever be one apple seller on the island? It seems like there are shelves full of ketchup in a supermarket with only slight variations in their labelling. Which allows for competition.

mrawkward

Does either hold a trade mark? for instance anyone in Wicklow can sell Wicklow Lamb. It is extremely hard to get Marks or protect geographic names.

boardsusername

Neither holds a trademark.

Yes, I was thinking along similar lines with Wexford Strawberries & how anyone can sell them under that name.