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Was the 'well known phrase' a brand name before 2018? I mean was it just a phrase or saying or did it relate to a product?
Hi all
I have a retail business and sell a few lines on Amazon. One product I sell there is a keyring with a well known phrase on it, which has been in common use on keyrings, clothing and other novelties.
I've been contacted by a person who purports to own the UK brand name - his brand name is the same as the phrase on this keyring.
Assuming he is the real brand owner, can I legitimately sell an item with that phrase on it, as long as I make clear it is not produced by his brand? The product I have sold for about 10 years, though only a year or so on Amazon and he asserts he owned the brand since 2018. Surely you can't assert ownership of a brand and use that to shut down sales of things that were freely available prior to him registering the brand.
Hope someone can help!
Was the 'well known phrase' a brand name before 2018? I mean was it just a phrase or saying or did it relate to a product?
Started out with nothing. Still have most of it left.
No harm in sharing the phrase I guess its " " as you see on tags hanging down from military aircraft or attached to the pocket of Alpha bomber jackets.Originally Posted by oldoakknives
Last edited by Robertf; 21st June 2021 at 13:43.
Is it registered?
Is his name Frank Zwecker?
https://www.trademarkelite.com/uk/tr...-BEFORE-FLIGHT
Yes thats the one. I saw that. If I understand correctly its because I have inadvertently listed the keyring with brandname "RBF" so I assume if I relist it as "Unbranded" all will be well, its a brand name that is registered not the design of the item so I suspect that will be all I need to do. The items I have on sale I have been selling consistently long before the brand name was registered/
Ebay, Amazon et al are plastered with stuff for sale with that phrase.
When you look long into an abyss, the abyss looks long into you.........
It sounds like you should probably be getting some professional advice from a dedicated trademark lawyer.
I own the trademark for a business name so a bit different here but my understanding is anyone who was operating with the same name business before I got the trademark has the right to carry on as they were but no new businesses can start up with the same name/s.
Could be similar for you but I would imagine professional advice is in order.
Interesting, I’m doing research on Amazon, products and trademarks, I know you can get names/phrases trademark checked by using people who specialise in this field on fiverr.
I have a Remove Before Flight tag on my camera bag but this one is from Martin Baker ejection seats, wonder if Mr Zwecker has contacted them?
I'd recommend going to the UK IPO website and having a read of some of the general guidance there. If you want definitive advice you could speak to a Trade Mark attorney - the CITMA website has a directory.
Of course, whether it is worth seeking professional advice will depend on what you stand to lose or gain... are you selling tens or tens of thousands? while there are provisions on prior user rights (earlier unregistered trade marks) in the trade mark act at section 11, they may not apply to selling on the web (from memory they are territorially limited). All in all, a quick phone with a professional is probably the easiest way to get an idea of where you stand.
Mr. Zwecker has two UK trademarks for items with the phrase 'Remove Before Flight'.
https://trademarks.ipo.gov.uk/ipo-tm...65120&domain=1
https://trademarks.ipo.gov.uk/ipo-tm.../UK00003431538
https://trademarks.ipo.gov.uk/ipo-tm.../UK00003295094 includes 'key rings & key chains'. That's where your problem may lie.
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Jim.
Thanks everyone for your input will do some further reading.
If you were selling them before the date in question and can prove it, you can retrospectively appeal the decision to give him the trademark, although you will face an uphill battle and have to explain why you did not lodge an objection when the trademark advertised and why you did not trademark yourself
If you have been selling them since he had the trademark and you have been sent a cease and desist letter, then you need to do this other he and trading standards can come after you as you are trading on his name
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