Infringement Ninja

Growing businesses

A competitor files a near-identical trade mark

Mossgrove makes soaps and candles sold online and in UK gift shops, and holds a UK registration for MOSSGROVE in classes 3 and 4. Its owner watches the brand on the Pro plan.

Trade Marks JournalPublished 12 Oct

New application

MOSSGROOVE

UK00004123456, classes 3, 4, Groove Goods Ltd

Your registration

MOSSGROVE

Soaps, candles, home fragrance

Opposition window

53 days left

Today
Published
12 OctDeadline
12 DecWith TM7A
12 Jan
One letter apartSame classesFile TM7A to get an extra month
The journal entry, your registration, and the opposition window: two months from publication, or three if you file a TM7A first.

What we found

Friday's Trade Marks Journal included a new application. It was flagged within hours of publication, with the opposition deadline already counting down.

Alert
High risk91UK trade markfor Mossgrove

MOSSGROOVE

A one-letter variation of Mossgrove has been filed for the same goods.

Why it matters

MOSSGROOVE differs from MOSSGROVE by a single letter and is pronounced almost identically. The application covers soaps, candles and fragrances in classes 3 and 4, the same goods as your registration. That's a strong basis for opposition on the ground of likelihood of confusion.

Evidence

Found athttps://trademarks.ipo.gov.uk/ipo-tmcase/page/Results/1/UK00004123456

DetailsUK application UK00004123456 Classes 3, 4 Applicant: Groove Goods Ltd Published in the Trade Marks Journal

Match“mossgroove”, 94% similar (similar spelling, sounds the same)

The draft we generated

Generated from the alert in one click. Details in [square brackets] are filled in by you before sending.

TM7A notice of threatened opposition

Subject: Opposing UK00004123456 MOSSGROOVE: notice of threatened opposition

What to file now File Form TM7A (notice of threatened opposition) against UK00004123456 MOSSGROOVE. It's free, takes a few minutes online, and extends the opposition period from two months to three months from the publication date. Details for the form - Application number: UK00004123456 - Opponent: [Your company name], owner of UK registration [your registration number] MOSSGROVE - Your contact address for service in the UK: [address] Likely grounds for the full opposition (Form TM7) Section 5(2)(b) Trade Marks Act 1994: the marks are highly similar (one letter apart, near-identical when spoken) and the goods are identical (soaps, candles, home fragrance in classes 3 and 4), so there is a likelihood of confusion on the part of the public. If MOSSGROVE has a reputation in the UK, section 5(3) may also apply, and section 5(4)(a) (passing off) can rely on your goodwill from trading. Before you file the TM7, consider writing to Groove Goods Ltd. Many applicants withdraw or narrow their specification once they see a clear objection, which costs less than a contested opposition.

Next steps

  1. File the TM7A on the UK IPO website before the deadline shown on this alert.
  2. Decide within the extended period whether to file Form TM7 (official fee from £100).
  3. For a contested opposition, a chartered trade mark attorney can take it from here.

How it played out

With the TM7A filed, Mossgrove had an extra month to approach the applicant first. Missing the journal entry would have left a costly invalidity action as the only option.

Watch my brand free

More examples

The businesses, people, listings and applications in this example are fictional.