Question: If you have a business name, and I come along and register a trademark of that same name, can I then demand the rights to your business name (and associated domain name)?
Here's the background: My dad registered a business name in August 2006. We got the corresponding domain name and have been trading under that name fine ever since.
A company in the UK with the same name coincidentally, are now claiming rights to it. They had the name registered in the UK since 2003, but they registered it as a trademark of the same name in Ireland, in April 2008.
I would have thought that they would not have been able to register a trademark when someone else am operating under that business name - but apparently they did.
They are now asking us to give up the business name and domain name.
What are the rules around this does anyone know?
Thanks
Here's the background: My dad registered a business name in August 2006. We got the corresponding domain name and have been trading under that name fine ever since.
A company in the UK with the same name coincidentally, are now claiming rights to it. They had the name registered in the UK since 2003, but they registered it as a trademark of the same name in Ireland, in April 2008.
I would have thought that they would not have been able to register a trademark when someone else am operating under that business name - but apparently they did.
They are now asking us to give up the business name and domain name.
What are the rules around this does anyone know?
Thanks