Any business and/or brand that has traded for any significant period of time will have the right to use that name without unfair competition
When another company uses your brand or ‘get up’ this is known as passing off. It will occur, once you have established a reputation, if a reasonable person would confuse your product or business with another’s and it causes you damage. Damage is likely to be assumed in virtually every case therefore most effort is focused upon confusion in the mind of the reasonable person.
You must move swiftly to prevent a competitor establishing his own reputation in your particular ‘get up’ or brand. If you are unsure do not delay in taking advice. You can call ORJ Law without obligation. We may be able to provide guidance even in the first call.
Can your trademark be enhanced?
The answer to this is very certainly “yes”; by registering a trademark you maintain monopoly rights to use your name and brand in one or more of the 46 classes of business where trademarks can be registered. This will stop any competitor using your name. Furthermore, you don’t have to move instantly to take action against that competitor. You have five years in which to bring a claim.
ORJ Law advises all businesses of a reasonable size to take time and trouble to register their business trademark, the costs are relatively modest.