Question
I have been working as a software developer under a brand name which I never registered, nor is my business registered under that name. I have recently noticed that a French software company is using a very similar name and has applied for a Community Trademark with this wording. I have been using my brand for about three years now, and I would like to know if I can do anything about the Trademark application now? My business has so far been focused on the UK, but I have had clients in Germany, Sweden and Norway as well. In terms of similarity, imagine my brand was Next Gen IT, and the French company is applying for NxtGen IT.
Answers: 2 public & 3 private
You should contact a trademark attorney in Europe - an attorney in any EU country should suffice. Under U.S. law, you could have a case because you acquire rights in a mark in the U.S. merely by using it (marking goods or advertising services actually offered and sold or rendered in U.S. Commerce) and a registration is not necessary to enforce those rights, though enforcement is much easier with the registration. UK might offer more usage right than other EU countries but I think generally speaking, registration in the EU and EU countries is really required to attain and enforce trademark or service mark rights.
Recent questions
I am looking for ...
3 6115 2