Trade Mark Case Study
Often, it requires some creative thinking for a business to get around a trade mark problem. One of our clients wanted to secure a logo mark, but found there was already a mark on the register that would block their mark from being successfully registered.
Sometimes, it’s possible to enter into a co-existence agreement with the owner of the blocking mark, so each side knows how the other will develop their business and avoid overlapping one another. However, in situations like our client’s case, the blocking mark was so close to our client’s mark that a co-existence agreement simply was not possible.
To resolve the issue, we searched for similar marks predating the blocking mark. We were looking for any mark similar to our client’s intended mark, but owned by an individual or company that may consider selling to our client.
We eventually found a mark fitting the bill and approached the owner. We agreed on a deal suitable to both sides, and the owner even handed over the domain name associated with the mark as an extra.
With a creative, outside-the-box approach to solving the problem, our client was able to secure a trade mark they were happy with.