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The Yacht Charter Guide Trademark

Yachting Limited is keen to protect its brand identity and does not permit companies to use its intellectual property without authorisation.

The "yacht charter guide" mark text and logo device are protected under registered trademark 2450650. This means that we have the monopoly right on this name within the classes it is registered for (these are travel and accommodation classes which include yacht chartering). If someone uses our name in these classes we can exercise our rights by stopping them from using it.

The following table shows a rough indication of the number of possible trademark infringements. The samples are taken by searching Google using the keyword phrase "yacht charter guide" and are correct as of March 2008. The sample includes the first 100 results and then 10% of the next 900 results to give a total of 190 results.

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Unauthorised use of trademark
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It should be noted that of the 30,000 results returned in Google about 73% are for pages on our own site (There are at least 22,000 pages on our site that are indexed by Google, all of which use the mark multiple times). Most of the other results are links to our site which we have permitted.

This leaves a small number of pages (far less than 100 by our estimate and many owned by the same entity) where our mark is being used prominently in a way which we consider could be confusing or misleading to consumers.

Yacht Charter Guide are working with all the parties responsible for the infringements to ensure a remedy by either the removal of the mark from their website, substitution of alternative text or by the following text and link being placed on the page that the mark is on (we are happy to provide a reciprocal link too):

Yacht Charter Guide is a registered trademark. No infringement is intended.

It should be noted that we are making every effort to come to remedies in as pleasant a manner as possible and have at no stage threatened to take legal action against any company or individual.

We understand that you may not be familiar with when another person's trademark can be used so here is a helpful article:

When Can I Use Another Person's Trademark Without Their Consent?

"As a general matter, it is advisable to obtain the consent of a trademark owner before proceeding with use of their mark. U.S. trademark law, however, does permit the use of another’s mark (whether registered or unregistered) without their consent if the use of the mark is made in good faith for the purpose of merely describing the goods or services to which the mark relates or to accurately indicate compatibility with another’s goods or services. Note, however, that in many countries, comparative advertising is unlawful.

Relevant considerations for determining whether use of another's mark constitutes "fair use" include, but are not necessarily limited to, the following:

  • Bad faith - Intentionally using another's mark for the purpose of benefiting from the good will associated with the mark is not a permissible use of another person's mark without their consent.
  • How the mark is used - Use of another person's mark should not be made for the purpose of promoting one's own goods or services without their consent. Visual placement and prominence of the other mark can bear upon whether use of another's mark may be construed as being for one's own promotional purposes.
  • Confusion by consumers - Some uses of another's mark can suggest sponsorship or endorsement by the mark's owner and can confuse consumers into believing that there is an association between you and the owner of the mark. This is not a permissible use of another’s mark without their consent."

Source: International Trademark Association

Further articles that you may find helpful are available on Wikipedia and BiteLaw.

It should also be noted that our mark is not a "generic term". If it was a generic term then our trademark application would have been refused.