Trade mark issue & Sole trader

[T McGibney]

He isn't making profits though. According to the OP

my business in a small online business run from home, a business which I have yet to take a salary from as I am still building it. There is no way I could afford to go up against this company.

I still think the simplest way of avoiding any problem is to change the logo and/or brand identity. From what the OP is saying, they can't afford to contest any proceedings brought by the multinational, regardless of whether or not they incorporate.

 

[lozza]

T McGibney is correct I cannot afford to contest them. It is so disheartening I shared the problem with another poster here and they like everyone I have shared with all concurr that this multinationals dispute is ridiculous but they have won the last 63 trademark cases that they objected to so they obviously have a big legal team behind them. And I can't afford to be a David to their Goliath!

I wonder should I wait and see what they put in their next objection to the trademark office and then offer to change my websites name? Might deter them from going the legal route?

thanks all for your input

 

[DeeKie]

Sometimes those that dispute trade marks are willing to enter to a coexistence agreement where both parties agree to stay off the other's turf (so to speak). You could suggest that.

On the issue of incorporation, you need to remember that you have to transfer all of your assets (e.g. your tm and trading contracts) into the company and that incorporation wont eliminate the risk of being sued for use of the tm up to the point of transfer. However, once the company is incorporated then it does limit your exposure and perhaps it is something you should be thinking about in the long run.