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Hi, Thank you for your question and welcome - my name is ***** ***** I will assist you. Have you registered the trade mark in the UK? Will you actively market the concept in the Benelux region? Is the dutch company actively trading in the UK?
Thank you. Just to clarify one point - you say you cannot guarantee that it won't be marketed in the Netherlands - but I what I mean is will you actively spend money and resourcing pursuing the dutch market and creating a good will for your brand there? If you can confirm this last point I will respond to the rest of your response.
Hi, Thank you. The issue here is the Dutch company have their goodwill in separate territory from you. You have a UK registered TM, therefore you are entitled to exploit the UK market. If you actively pursued another market that was subject to existing good will or TM rights then you come into dispute with this company. Has your registration been advertised by the IPO?
Hi, Thank you. If you have advertised your TM then I would not do anything to draw attention to the fact that someone might challange it. The dilution of the goodwill really depends on whether the two events can be distinguished as independent - are the events obviously provided by different organisers? The ability to claim protection in the UK will be dictated by the TM, if you have the TM the that is your protection of the name and logo you have registered. Kind regards AJ