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José M.
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Experience:  Spanish Attorney
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I am the registered owner of Irish Trade Mark number 237971,

Resolved Question:

I am the registered owner of Irish Trade Mark number 237971, KINNITTY CASTLE, registered in Ireland on the 14 th of November 2008.

A third party is now using the name, slightly altered to Kinnitty Castle Hotel. The logo is also changed although it bears similarity to mine and has the same text, except gor the addition of the word, hotel.

Is the user of this mark in breach of trade mark law and if so what are my options to defend my trade mark ?
Submitted: 1 year ago.
Category: European Law
Expert:  José M. replied 1 year ago.

José M. :

Hi Sir

José M. :

José M spanish attorney

José M. :

According to European law the copyright protects you against the abuses of third person of using your trade mark

José M. :

Now you know what happend you could sue him to stop in the use or/and demand damages and money for the ilegal use of your trade mark

José M. :

Ussually as a indemnization sum we use the profit that we could think he is getting with our mark or the money you should asking him if he should ask for autorithation before the use

José M. :

Contact a local attorney who demand him to stop in the use and to try to get an agrement out of court and if they refuse your claims you will have to sue him in court

José M. :

Thank you

Customer:

Is the fact that my mark states Kinnitty Castle and his Kinnitty Castle Hotel of any relevance. Is he still in breach ?

José M. :

Yes, the names are XXXXX XXXXX same it will be considered as a simple ilegal copy. They considererthe proximity of the names and the fact that both of you works on the same business

José M. :

Thank you

José M., Attorney
Category: European Law
Satisfied Customers: 4967
Experience: Spanish Attorney
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