Trademark Infringement & Trading Standards

[myster]

Hi,

 

Apologies if this is not in the right section I did try looking and have ended up posting it here.

 

I have been associated with a name and have been using this name on a public scale. Now recently someone has patented the name and lodged a complaint to trading standards who have seized all my goods.

 

I am challenging the patent on the terms of 'passing off' and creating a file. The IPO have said that it could be up to 8 months until a decision is made on the outcome of my complaint.

 

Does anyone know whether trading standards can release my goods before this if I serve enough info to prove my common law rights to the name? The lady dealing with the case at trading standards seems in no rush and states that she may make her decision based on the decision of the IPO. In the meantime im loosing money and recognition as a business.

 

As for trademark attorneys, I cant afford one as the costs are too much for me to afford.

 

Any advice is much appreciated.

 

Thanks

 

Mojo

[BankFodder]

If you use a trademark which is not registered, it is called an unregistered Mark. A Mark which is registered subsequent to the unregistered Mark will have to accept the existence of the prior Mark - for similar goods or services.

 

You need to let us know more about it - type of goods, date of the two Marks etc.

 

Also, on the powers of TS - I don't know what their powers are but I can tell you that like many of these organisations - they aren't used to being challenged or being held accountable and they don't act in a very businesslike way about the way they treat people.

 

Can you give us more info about what has been said, what documents you have from them etc.