Lawyers representing Kwik-Fit have e-mailed a mechanic, who opened his business two months ago, insisting that his brand is confusingly similar to their client’s trade marks. They allege that the name, logo, flyers and website of his business, which is known as Qwik Lube Ltd – was “confusingly similar” to the Kwik-Fit trade mark.
Trade mark law in the UK has provisions for redress when another trader begins using a mark that is identical or confusingly similar (visually, conceptually, audibly…) to ones own mark in the course of Trade, for identical / similar goods or services, without permission, and if the use of the mark is likely to be detrimental to the brand of the original mark or cause confusion to consumers in the marketplace, as to the origin of the goods or services bearing that mark. But it is important to proceed with caution and seek professional advice, as there are also provisions that entitles an aggrieved party to take action to recover their loss arising from such threats.
While I totally sympathize with Qwik Lube, the use of that blue and golden yellow as part of their brand image doesn’t quite help their case.