Q: Word Mark - webshops
I would like to operate a webshop in Hungary (European Union). I see that there is already registered protection in the database under the name I would like to use for my webshop (and its variations). I also noticed that several owners have active word mark for the same brand name, only their logos are different (i do not understand how it is possible for several people to have word mark for the same brand name). I would also create a unique logo, but I would like to use the same name. My question is: Is there any legal obstacle to operate a webshop in Hungary under the same name I have already found in the database under word mark but with an unique logo? Thank you for your help,
A:
Based on the information provided, it seems there may be some obstacles to using the same name for your webshop in Hungary if that name is already registered as a word mark by other parties. Here are a few key points:
- If a word mark is registered, it generally provides the owner exclusive rights to use that word/words commercially in connection with certain goods or services. This applies across the EU.
- It is possible for multiple parties to own a registration for the same word mark but covering different goods/services descriptions or in different trademark classes. This might explain why you see the same name registered to different owners.
- Even if you created a unique logo, using an identical or highly similar name to someone else's registered word mark could still infringe their trademark rights, especially if you are in the same general industry or area of business.
- There could be risks of confusion in the marketplace or accusations of trying to benefit unfairly from an established brand name. Lawsuits or cease-and-desist demands could result.
My recommendation would be to do a thorough trademark search and speak to a local intellectual property attorney in Hungary to review the existing registrations on the name you want to use. They can then advise you on any potential infringement risks, and whether minor modifications or a completely different name might be necessary. Getting clarity on the legal protections granted to current owners is an important first step.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
