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What’s In A Name?

Essex-based internet retailer Karnival Costumes is urging independent retailers to trademark their trading name and logo as the party industry becomes increasingly globalised.

The costume and party retailer has been trading under the name Karnival Costumes since 2008 and has been successfully suppling both customers in the UK and globally with costumes, accessories and party goods since then.

Earlier this year, Chinese-based costume supplier Karnival Costumes established a presence in the UK and Europe. Unfortunately, this has already caused confusion within the marketplace, as managing director Keith Sinclair explains.

“We have twice been contacted by unhappy customers looking for their costumes and it’s only after expending considerable effort that it comes to light that it’s ‘the other Karnival Costumes’,” he says. “Understandably, we’re disappointed that another business can simply take over our trading name and reap the benefits of our hard work.”

Keith was first alerted to the fact that another comany was acquiring the KarnivalCostumes.com domain when he received an email from the company’s headquarters in China. “I said we would strongly object and would be disappointed if they were to use that name in Europe as we had been trading as Karnival Costumes for some considerable time.”

The company then went on to register an European picture trademark which includes the words Karnival Costumes.

“We’re looking into fighting the granting of the trademark (made more difficult by the fact it was granted in Europe) and registering our own picture trademark,” says Keith. “The irony is that had I known that they were in the process of registering their trademark I could have appealed to stop it.”

However, there is currently no official framework in place to notify a small business that another company is registering their name as a trademark, so Keith had no way of knowing what was happening until it was too late.

“We should be bringing pressure on the authorities that issue trademarks to check the web to see if someone is already trading with that name,” concludes Keith. “It’s important that we alert people to this confusing issue of trade names. But it’s even more important that small independents trading under a logo or specific name get it trademarked!”

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