I am a wholesaler and trader of readymade kids garments. I had applied for TM Registration of my business Babies n'More - The Kidz Klothing Kompany in the year 2014. A simple search on the TMR / Iponline website verified that no other company has been registered under this name.
In January 2016 I received the Examination Report from the Registrar of Trademarks stating that objections were raised by 4 entities as follows:
1) Entity 1:
Objection raised For Conflicting Mark: Baby
2) Entity 2:
Objection raised For Conflicting Mark: Baby (Logo)
3) Entity 3:
Objection raised For Conflicting Mark: BabynBaby
4) Entity 4:
Objection raised For Conflicting Mark: Baby & Me
My doubts / queries are:
With reference to Entities 1, 3 and 4, they have objected to the use of the word 'Baby' but nowhere in my name or logo has the word 'Baby' been used. Does it make a difference if the word BABY is spelt in its plural form i.e. BABIES?
With reference to Entity 2, the baby logo used by them and the one used by me are completely different. I have had mine personally designed and have not used a generic logo or picture. My logo has a picture of a baby in it while their logo only mentions the word BABY in it without any picture.
Entity 1’s TM Application year is 2010, entity 3’s is 2013 and Entity 4's is 2014, Since entity 1,3 and 4 have raised an objection on the word Baby and all 3 of them have used the word Baby in their names in some form or the other, shouldn’t Entities 3 & 4 also face an issue with using the word Baby since the same was already registered by Entity 1 in 2010?
Please help me with the above queries and advise me on my further course of action.
Thanks and Regards.