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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69376
Experience:  Over 5 years in practice.
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We have had some keep calm and carry on items removed from

Customer Question

We have had some keep calm and carry on items removed from my ebay account now they have banned us we all know these are in the public domain also I have designed these myself the company who has complained are www.keepcarmandcarryon.com they say it is there trademark have spoke to ebay but they can't and are not willing to help this is my business
Submitted: 5 years ago.
Category: UK Law
Expert:  Jo C. replied 5 years ago.

Hi

Thank you for your question. I will try to help with this.

 

What exactly would you like to know about this?

Customer: replied 5 years ago.
Have this company got a right to do this as keep calm and carry on is in the public domain as we are running a business and we are now losing money because they say keep calm and carry on is there trademark is keep calm and carry on a trade mark also what will my next steps to take action against this company for damaging my company and reputation
Expert:  Jo C. replied 5 years ago.
I will need to look at the site and I cannot open it at the moment.

I should get to a better internet connection within 30 mins or thereabouts.
Customer: replied 5 years ago.
Thank you please let let know asap
Expert:  Jo C. replied 5 years ago.
OK.

It wasn't my internet connection. The link you gave me doesn't seem to work?
Customer: replied 5 years ago.

www.keepcalmandcarryon.com

 

got this email from these just a bit ago

 

also I found this on the net where they comfirm this is in the public domain

 

http://en.wikipedia.org/wiki/Keep_Calm_and_Carry_On

 

 

email they sent is below

 

 

Dear Sir,



KEEP CALM AND CARRY ON ® is now a Registered as Community Trademark (CTM) Registration No:(NNN) NNN-NNNNin our name: Keep Calm and Carry On Ltd.




A CTM Registration gives the Owner of the Registration the exclusive right throughout the whole of the European Community (including the United Kingdom) to use the Trademark in connection with any of the Goods for which it is registered. It is an unlawful Infringement of CTM Registration No: 945619, without our permission, to apply the Trademark KEEP CALM AND CARRY ON ® to goods for which it is Registered or to their packaging, or to import such goods where the Trademark has been applied to those goods or to their packaging.




If you have received a Take-Down Notice from eBay regarding goods advertised on eBay, this is because the goods concerned fall within the goods of CTM Registration No:(NNN) NNN-NNNN and we believe either • that you have applied the Trademark to those goods or their packaging or had the Trademark applied for you, or • that you have imported such goods where the Trademark has been applied to those goods or to their packaging. It is also a Criminal Offence as well as an unlawful Infringement knowingly to manufacture or supply Counterfeit Goods, namely goods essentially the same as goods supplied by Keep Calm and Carry On Ltd to which or to the packaging of which the Trademark has been applied.




Our legal team are working closely with aBay and their Vero programme enforcing our rights against any infringement with sellers.




We take any wrongful threats of action against us, in any form with the utmost seriousness and will take appropriate action as required. Your emails will be filled with the Lawyers that represent us. We request that you, or the Solicitors that act on your behalf correspond in writing with the Lawyers that deal with our business and legal affairs. Their contact details will be provided upon request.



Yours,



Keep Calm and Carry On Ltd.

Expert:  Jo C. replied 5 years ago.

OK. CTM do only provide protection for intellectual property throughout the EU but I imagine you are trading in the UK.

The fact that they are quoting a registration number tends to suggest that they have registered it. You can check that with CTM but I cannot see any reason they would not do so. Having looked at their products on a brief analsysis, they would seem suitable for registration.

If you are saying that they have registered your intellectual property first then there is action you may be able to take over that. You can find more information about that here

http://www.revomark.co.uk/trademarks.htm

where you are given a link to contact CTM on that point.

But if they have registered the trademark and you are selling these products then Ebay are entitled to take the action that they have unfortunately.

I'm happy to discuss this but please remember to click on accept.
Jo C. and other UK Law Specialists are ready to help you
Customer: replied 5 years ago.

How can they set a company up so then no one can use the public domain image or slogan did you have a look at that link I sent . everyopne knows keep calm is in the public domain and there are a number of companys selling and manfactuering these keep calm products so do all they have to stop just because they set a company up in that name

 

 

Expert:  Jo C. replied 5 years ago.

Registering a trademark does give you that protection.

Obviously there are certain criteria for such registration - e.g it must not be similar to another design already registered as a trademark.

You can find quite good information on that here

http://www.ipo.gov.uk/tm.htm

Customer: replied 5 years ago.
Keep calm is in the public domain any one is entilted toy use this I understand if i was using there name but it is the same as one in the public domain and they seem to be claiming that no one can sell these images or slogan just because they set a company up with the same slogan from the ww2 poster this is the number one selling image around at the moment this is not fair
Expert:  Jo C. replied 5 years ago.

I presume they are saying though that they have registered this as a trademark.

I do see what you mean - your point is that it doesn't fit the registration criteria for the reasons you explain. But that doens't mean Ebay can't act if they have been shown registration confirmation.
Customer: replied 5 years ago.

Hi

 

My problem rerally isint with ebay but with the company just need to know where I can take this futher against this company and prove that they are in the wrong then I can just send this to ebay to prove this

Expert:  Jo C. replied 5 years ago.
Sorry about the delay. I had court this afternoon.

You can object to the trademark even after its publication. You'll find information on that here

http://www.ipo.gov.uk/types/tm/t-other/t-object/t-afterpub.htm

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