[Aquakleen Restoration Services]

Hi all

Just had an email from someone called 'Kate L Tuck' complaining that I am using the name 'Stainguard' on my site....here is the email....


Dear Sir or Madam,

 

Please be aware that you are currently using our registered trade mark name Stainguard on your website. Please be aware that this is not acceptable and would request that you remove and change it .

 

If you have any questions please do not hesitate to get in contact.

 

Kind Regards,

 

Kate Tuck

01242 254084



Has anyone else had this. Is this real?

Thanks

Sky

[*paul_moss]

Is it Scotchgard as you have to be registered with them ?

[Aquakleen Restoration Services]

No I use 'Stainguard'

[rambly]

Try Companies House website to see if it is a registered name. I imagine a lot of us have "stainguard" on their lliterature or vans.

Companies like Ashbys sell products named as Stain Guard which might be a way round Stainguard as a title.

[rambly]

Try Companies House website to see if it is a registered name. I imagine a lot of us have "stainguard" on their lliterature or vans.

Companies like Ashbys sell products named as Stain Guard which might be a way round Stainguard as a title.

Had a quick look on the intellectual property site which is part of the patent office. There are 5 registered Stainguards (only one referring to carpets).
I am not in a position to advise you. If it was me I would play dumb (not difficult) and reply by email asking this individual who she represents and any information on the trademark as stainguard to carpet cleaners is the same as hoover is to vacuum cleaning.

[Andy Foster]

Hi

People can be very protective over their product names and rightly so.
Is it their product you use?
If  not then I think you will find that if you put a space between the 2 words and state that you use '... a stain guard...' then they will not be able to say anything as they cannot have protected rights on words.
If it IS their product, then you shouldn't have a problem using the product name.

Another way round it is to state the manufacturer's name to distinguish between their product and the one you use.

[CATMAN]

Hi

The number 01242 254084 is registered to a company called http://www.cleanchoice.co.uk/.

Regards

CATMAN

[jimmy tarbuck]

this mark is NOT a registered trademark yet, on their site it states 'tm' this means it is in the process of being registered , in which case you can effect the registration if you are in time, talk to trademarks house, in any case just put a gap between stain and guard and they will have no grounds to complain, protection for word marks can be granted if sufficient use can be proven, this takes many years and thousands of pounds, even then they would need the money to proceed with any prosecution...by the looks of this particular outfit, i would take what they say with a pinch of salt.............

[Damian]

Skywalker, personally i would just call them to enquire what the issue is about first. Then after taking their comments on board-(sleep on it for a couple of evenings) then decide which action to take, or seek legal advice. I dont profess to know the ins and outs of the legal system but i would speak directly with this Kate and record the conversation-but would notify her of this then take appropriate action.

Damian.

[Len Gribble]

Sky

What’s your web site?


I got one from India http://www.hinduonnet.com/thehindu/biz/2003/04/07/stories/2003040700030300.htm OK I CLEANED SOME RUGS THERE! But that when I was learning the trade.

Wait for the solicitor’s letters (HAVE TO SAY I BEG THE COMPAY TO SEND ME THEM) (nick a picture off me another thing) 

Don’t get me going defunct org, great name!

Len

[jimmy tarbuck]

A VERY BIG PINCH OF SALT!

[AquaMagic]

Id also ask her is she has permission to use the picture of the wand on the "about cleaning" page, did she ask prochem first?

Dene

[2cleanright]

There is a 3 month wait when the "public" can object to registration of a trademark. If you are in time you can object to a trade mark being registered. In this case I would think they will find it very difficult as "Stainguard" is a common usage term in the carpet / upholstery cleaning industry. The registrar may allow the registration, or deny it in which case they have rights to appeal, but appealing costs a lot more than registering ( which in itself is not cheap - somewhere in the £2-3K bracket).
If you want to keep using stainguard then object. If you dont care, just but a space in it and there is nothing they can do.
 
Good luck!

[Doug Holloway]

Hi Guys

http://www.flooring-gallery.com/ads/index.html

http://www.carpet-curtain-cleaning.co.uk/main/carpet_cleaning_service.php

http://www.fyldefloor.co.uk/detail.asp?pid=171&catid=11

I would expect lots of people are claiming this.

Whose product are you using ?

Cheers

Doug

[Mark Roberts]

http://www.ipo.gov.uk/tm/t-find/t-find-number?detailsrequested=C&trademark=2358397

Stainguard is taken, it does'nt belong too her so it could be her partners or her employer even? Dont know, but i'd find out then make any changes you need. Even with a space it makes no difference if its classed as 'passing off'.


http://www.businesslink.gov.uk/bdotg/action/detail?r.l1=1073858796&r.l3=1073939611&r.t=RESOURCES&type=RESOURCES&itemId=1073791339&r.i=1073791334&r.l2=1073859014&r.s=sc

[brights cleaning]

track her down and stainguard her chuffney

[jimmy tarbuck]

passing off orders are issued if there is a strong chance of continued confusion in the public domain, there is no chance of that in this case, neither of you are big enough players for that, and neither is the mark strong enough to warrant proceedings, a case of hand bags at 10 paces, wait for the solicitors letter, it will be a very long wait.

[Kinver_Clean]

If they are only now registering this name then I would think they are a bit late. A lot of people have used it before, Extractor for one. Put Stainguard into Ixquick.com and dozens come up.
I would think prior use regulations come in here. Perhaps the trademark people should be told. I dont like bullies.

Trevor

[Ian Gourlay]

I know nothing about this,

but insnt the Trade Mark the complete design

\acording to the \link a \trade mark was registered in 2004 by a Cheltenham company but the design was completley diffrent from the design on the complainets Web Site Although they are also in Cheltenham

Do not know what design the origional poster used. Mr Skywalker as we do not know who he is where he is based  \web \site that was complained about etc

Richard Branson has his Virgin Logo as Trade Mark but I doubt if he could register  the word Virgin as a Trade Mark