I just got trademarked out of the Aiomatic name

[CodeRevolution]

Ok, so recently a company contacted me that they have the trademark rights now for the Aiomatic name and they force me to change the name of the plugin to something else. They got the trademark recently, in EUIPO.

Now I have to rename and rebrand. But I don’t see this as a bad thing, as I am almost ready to release a free version of the plugin and put it on wordpress.org, this seems to be like an opportunity to rebrand and relaunch. Also, move it finally to WPBay and keep it also on CodeCanyon, making my account unexclusive.

I checked on the trademark stuff and basically you pay the EU around 1000 EUR and wait 6-7 months, after which they release a trademark for you, which is valid for 10 years, based on which you can go around and ask people with product or business similar names with your trademark, to change names, “or else…”.

Anyway, keep this in mind guys, if you have a product or business and there is any similar claim for the name from other part, go ahead and create that trademark for yourself. Not necessarily to attack the other part, but to defend yourself from them, in case they decide they want to trademark bomb you out of your business name.

PS: I am thinking of renaming the plugin to AioPress, so far I am happy with this new name, need to do more research on it.

[tibi_diablo]

This sucks. Basically, if it’s not registered, anyone can take it. At the same time, why would someone do that? The world we live in is such a mess…

As for an opportunity—yes, it might work better with a new name and a free version.

[CodeRevolution]

Their goal is to get more traffic, to have less competition on the same keyword, SEO benefit.

[123Simples]

@CodeRevolution

IGNORE IT mate - more than likely this is a scam, and someone somewhere has sent you an email trying their luck.
I will message tomorrow!

[CodeRevolution]

Not a scam, this is their trademark: EUIPO - eSearch

[stefan_admin]

I believe you should consult a trademark attorney about it.

• Your plugin was created 3 years ago but their trademark was filed 2024. Normally I think you would have been able to oppose it but it’s possible you may still have the right to continue using your product without changing its name,
• These trademarks are very specific as far as I know:
• • Possible that theirs does not fit your software category and does not apply
• • Even the fact that theirs is ‘aiomatic’ and yours is ‘Aiomatic’ might matter.

[stefan_admin]

Claude Opus says:

" Your friend likely has prior use rights since he’s been using “Aiomatic” since 2022, while the trademark was only filed in 2024. In the EU, prior use can provide certain defenses:

1. Earlier rights defense - If your friend can prove commercial use of “Aiomatic” in the EU before the trademark filing date, he may have rights to continue using it for his existing products/services
2. Geographic scope - Prior use rights typically allow continuation in the territories where the mark was already being used"

Potential challenges:

• Missing the opposition window means challenging the trademark is now more complex/expensive
• The trademark covers software broadly in Class 9
• Even with prior use rights, scope might be limited to exact prior use

The fact that someone trademarked a name already in commercial use for 2 years suggests either they didn’t do proper searches or may have filed in bad faith - both could work in your friend’s favor.

Your friend has a potentially strong position here, though he should consult with an IP attorney for proper legal advice. "

Grok Expert says:

" Your friend has a potentially strong position based on prior use of the “Aiomatic” name for the WordPress plugin since 2022, which predates the 2024 EUIPO trademark filing. However, this isn’t automatic protection—trademark law in the EU is complex, and outcomes depend on specifics like the extent of his use, evidence, and applicable national laws within the EU. I’ll break down the key elements of his case below, based on how EU trademark rules (under the EU Trade Mark Regulation, or EUTMR) typically work. Note that this is general information, not legal advice—EU trademark disputes often require a specialized IP attorney to assess details and handle proceedings.

1. Impact of Not Filing an Opposition

• EUIPO trademarks go through a publication period after filing, during which third parties can file an opposition (usually within 3 months) on grounds like conflicting prior rights. Since your friend didn’t oppose, the trademark likely proceeded toward registration (or is already registered, depending on the exact timeline and any other oppositions).
• Missing the opposition doesn’t forfeit all rights. He can still challenge the trademark post-registration via an application for invalidity at the EUIPO. There’s no strict time limit for this, though it’s best done sooner to avoid complications like the trademark owner building up their own use.

2. Prior Use Rights and Grounds for Challenge

• The EU is primarily a “first-to-file” system, but prior unregistered rights can override a later-filed trademark if they qualify as “earlier rights” under the EUTMR. For unregistered marks (like your friend’s plugin name, assuming he didn’t register it), these can form the basis for invalidity if:
  • The sign (“Aiomatic”) has been used in the course of trade (e.g., selling the plugin commercially, marketing it online, generating sales in the EU) before the 2024 filing date.
  • The use is of more than mere local significance—meaning it covers a substantial part of the EU or a member state, not just isolated or negligible activity. Evidence could include sales records, website traffic from EU users, invoices, advertising spend, or customer testimonials showing EU-wide or national reach since 2022.
  • Under the national law of an EU member state, the prior use gives him the right to prohibit the later mark’s use. For example:
    • In Germany (common for tech/software cases), unregistered marks can be protected under unfair competition law (§4 No. 2 of the German Trade Mark Act) if they’ve acquired distinctiveness through use.
    • In other countries like France or Italy, similar protections exist via passing off or unfair competition rules.
  • The goods/services must overlap: Your friend’s plugin (AI content writing, editing, chatbots) aligns closely with the trademark’s categories (AI/software, machine learning for analysis/surveillance/healthcare/finance/advertising, data management, etc.), so similarity is likely a factor in favor of a challenge.

5. Overall Strength of His Case

• Pros: Prior creation/use in 2022 gives a timeline advantage. If he can document commercial use (e.g., sales on platforms like CodeCanyon targeting EU customers), it strengthens claims under relative grounds for invalidity (Article 59 EUTMR). WordPress plugins are often sold globally, so proving EU-relevant use might be feasible.
• Cons: Unregistered rights require solid proof of use and reliance on national laws, which vary (e.g., stronger in some countries than others). If his use is deemed “local” or insignificant, the defense weakens. The trademark owner (likely a company like ai-omatic Solutions GmbH in Germany, offering AI predictive maintenance software) could argue no conflict or that their mark is distinct in scope. Litigation can be costly and time-consuming.
• Likelihood: If prior use is well-documented and EU-substantial, he has a viable path to invalidate or defend. Many similar cases succeed when prior use is clear. But if use was minimal in the EU pre-2024, the trademark might stand.

To move forward, gather evidence of use (dates, sales data, marketing) and consult an EU IP lawyer or firm specializing in trademarks (e.g., via the EUIPO’s directory). They can search for the exact trademark details, assess overlap, and file invalidity if warranted. If the contact was a cease-and-desist, respond carefully to avoid escalation."

[CodeRevolution]

Yes, I also saw this, however, if I tell the chatbots that the trademark holder has commercial use of the ‘aiomatic’ name before my plugin was released, the chatbots usually change tone and tell me that I don’t have much of a chance here and courts will vote in favor of the trademark holder, as they had commercial activity before me, since 2021:

Predictive Maintenance | Ai-omatic solutions GmbH | Hamburg

Also, the trademark is filled on any ‘Software’, exactly targeting my plugin.

So… yeah…

[stefan_admin]

Ohh, sorry, I did not realise they used the name earlier than you, I thought they were a new company. I guess then there’s not much you can do - probably rebrand like you mentioned.

Thanks for the warning. I have a trademark for b2bking in US, but did not get the EU one yet, quite expensive.

Probably we could also find ourselves in the situation where someone tries to trademark other names, like WebWizards or CodeRevolution.

I wonder if there’s some simple service / alerts that lets you know if someone is trying to file a trademark on one of the names so you can oppose it…

[CodeRevolution]

@stefan_admin

I wonder if there’s some simple service / alerts that lets you know if someone is trying to file a trademark on one of the names so you can oppose it…

This is the next business idea which might be profitable to start…

I am not aware of any service which would do this.

[stefan_admin]

@CodeRevolution

This is the next business idea which might be profitable to start…

Sign me up

It seems that there are services who do it, if you search ‘trademark watch’ you can find some, but it all seems very ‘enterpricey’, I can’t find any ‘cheap’ service aimed towards smaller entrepreneurs.

[CodeRevolution]

Oh, right, there are services for this… I noted this idea, but maybe there is a reason why a service does not exist yet which is cheaper.

Anyway, this might be something worth creating, if marketed well.

[123Simples]

@CodeRevolution

So let me get this right? This person or company issued a trademark application on “AIROMATIC”.
It is a trademark appplication applying only as far as I can see on the EUIPO website. According to my understanding, if I registered a trademark on the UK Intellectual Property Office website, I would need to choose a class of the trademark - yes?

And when I search there for aiomatic, there is no trademark.

In esscence does this mean I could trademark the words wpbay and effectively make this forum and website disappear?

It’s a crazy world, and people like Coca-Cola and KFC are going to come after you. In reality enforcing a trademark can cost plaintiffs a lot of money.

See my original answer with the added words “Jog On”

[123Simples]

PS - No I would not answer their so called claims, and carry on because unless they have a shed load of money and lawyers behind them, then I would not worry.

[CodeRevolution]

Trust me, you nailed it when you said that it is a crazy world. We don’t even image what people are capable of doing for money…

[stefan_admin]

It seems it is not just an application, my understanding is it is already registered (approved) since April 2025.

@123Simples

In esscence does this mean I could trademark the words wpbay and effectively make this forum and website disappear?

I think this is not quite correct. My understanding is limited, but I did dive a bit into this when applying for my US trademark. It seems the actual ‘first use in commerce’ is very important and a search has to show no obvious conflicts + you must show you are actually using it in commerce ( I provided screenshots from my website showing the trademarked name ).

It seems this is even more so important in the US which apparently is a ‘first to use’ system while EU is ‘first-to-file’ (No surprise, US is more reasonable).

But in any case, if you were already using it before the other company, you have a strong position in challenging or opposing the trademark. The problem here is that the other company was using the name since 2020, prior to CodeRevolution’s usage.

[tibi_diablo]

You’re right about this one: nine out of ten people are monsters, and the one left fights the beast every day to seem normal. The world has always been unfair and crazy, but now it feels amplified to the power of ten.

In my case, someone downloaded a video from my server until it consumed all my bandwidth, about 4 TB in two days. This is how low we can get…

I’ve said it here before: I have a sixth sense, I don’t expect anybody to believe me, I tried a few times to talk to my family about it, and they were avoiding it like fire :).

After I literally died from COVID in the hospital and they brought me back on a ventilator, I started ‘seeing’ glimpses of the past, future, and other realms. —now I am afraid to close my eyes sometimes, the stuff I’ve seen, holy crap!.

I can tell you this world will end in fire, just like Scripture says, but it won’t be an asteroid, if you know what I mean!

The thing that still holds this world together is love. Yes, even in the madness around us, there is still pure, unconditional love—and God. And yes, He/She/It is real, and for those who don’t believe…boy, you’re in for a surprise Anyway, as I was saying, there’s still pure, unconditional love that breaks all evil—it literally trashes the worst imaginable. That’s why we’re still here.

Is there hope? Yes—as long as the one good person out of ten keeps their sanity. But it’s getting difficult, and now with AI, things may disrupt really badly. We can already feel it.