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Author:  Symsys
October 16, 2008



 

 

PUBLIC NOTICE

In regards to lawful use of registered trademarks.

Relations in regard to our registered trademark ‘Symsys’ with particular reference to ‘Information Technology (IT) Services’.

SYMbol for Registered Trademark

Trademark SYMbol

Symsys Ltd. is a legitimately registered Company with the NZ Companies Office and has been since 2007. 

Our registered trademark ‘Symsys’ is registered with IPONZ (Intellectual property office New Zealand) since January 2008.

This gives Symsys Ltd exclusive rights therein to ‘Symsys’. To para-phrase legislation:

Symsys Ltd. is entitled to prevent all third parties not having our consent from using our trademark in the given course of trade.

In order to help avoid any public confusion, Symsys Ltd. feels a need to point out the following entities:

a) Symsys IT Solutions (2008) Ltd (Registered in March 2008)

b) www.Symsysit.co.nz

They have absolutely no association with Symsys Ltd. and indeed do not have our express permission to use ‘Symsys’ in thier course of trade in New Zealand. They have in fact been asked to cease using our trademark politely without malice or threat due to HOW it has been carried out on and off the www. They did not respond in any way.

It is important to point out here that:

Mr Keiller has and never will be an employee of Symsys Ltd. 

A Mr Brett King is the owner and director of Symsys IT Solutions Ltd.
and Mr Ian Keiller claims to be the Director of Symsys IT Solutions Ltd. (and is not)

Mr Ian Keiller has now responded to our sugar-coated polite request to cease using our trademark. Not by contacting us or coming to an agreement, but by breaching our trademark several more times, deliberately breaking fair trade rules and regulations and purchasing three more domains that constitute “domain hi-jacking”.

www.symsys-it.com, www.symsys-it-solutions.co.nz, www.symsys-it-solutions.com

Background Information

Information

Information

With regard to the company name registered in the Companys office database.
Symsys Ltd. proposes that ‘Symsys IT Solutions (2008)’ Ltd. is NOT sufficiently different from (as was then ‘Symsys IT’ Ltd.) via simply tagging on ‘Solutions (2008)’. 

The first part ‘Symsys IT’ of Symsys IT Solutions (2008). It was a direct clone of a previously registered and trading company, namely ‘us’. We responded by changing our name ‘Symsys IT’ to straight ‘Symsys’ to help define the differences. At this initial point, Symsys Ltd. has already been caused gross inconvenience and cost, not limited to but including many hours spent internally, re-branding our image.

 

 

 

 

Legal outline of the operation of trademarks.

Quotation from www.out-law.com:

“The Registered trade mark shall confer on the proprietor exclusive rights therein. The proprietor shall be entitled to prevent all third parties not having his consent from using in the course of trade:

(a) Any sign which is identical with the trade mark in relation to goods or services which are identical with those for which the trade mark is registered;

(b) Any sign where, because of its identity with, or similarity to, the trade mark and the identity or similarity of the goods or services covered by the trade mark and the sign, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association between the sign and the trade mark.”

 

Symsys Worldwide.

For all those that are savvy with a Google search engine, it is easy to discover that ‘Symsys’ is not a soul term utilized by ourselves and the above mentioned entities.

One of the topmost search results you will find is ‘Symsys.com’ which is a simple yet effective search marketing page that offers a mileage calculation form. They do not offer IT services of any kind, and appear not to be a company and offer no services whatsoever.

In New Zealand, there is also ‘symsys.co.nz’. They were an established company in Albany that appear to have offered exclusively programming services (not general IT) that have changed their name and moved on. Their web address brings up a Windows 2003 server default web server screen, which is most likely residual of that company. They are now Talentzeal Ltd. Dealing in Recruitment Management Systems Software.

There is a German company that offer their own bespoke programming solutions for specific purpose.
There is UK company that have an extremely minimal website presence for bespoke programming services and no other evidence of activity can be found, anywhere.
A Company in Australia literally JUST (October 2008) named a software program ‘SYMSYS’ which is designed to manage health in the workplace. We said hello due to thier vicinity and simply let them know that we are here (and of the others). No problems there at all. 

Lastly, there is an educational institution – Stanford University in the USA that has a faculty ‘Symbolic Systems Program’. The use of ‘Symsys’ is a natural phrase for this faculty to coin in order to abbreviate the official term.

This concludes our findings for ‘Symsys’. We have absolutely no objections to these entities using the word Symsys, we do not believe we own the rights to their names, domains or business and we have no intention to begin doing so. They are not trading in our field, or in our geographical location, plus the majority of them were in existence before we were. Also it’s worth pointing out that the American University entity was the inspiration for our company name, which we explain next in ‘So why choose Symsys’

 

So why choose ‘Symsys’.

For a start, the word itself is an incredibly well balanced combination of lettering to the trained typographical eye. Although we can offer bespoke programming (like some others), this is by far not the core in the range of services that we provide and certainly not exclusively limited to it. As any company grows, the master identity stamp , or ‘umbrella’ normally fades into the background against the products and services that are released. On the one hand, a heavy part of out work load involves creating SYMbols in the form of Graphical ID as part of our branding solutions. On the other hand, a greater part of our services are SYStem maintenance, not to mention a whole barrage of other services including server maintenance and generally ensuring that the operations of our customers business run smoothly and effectively. In the ever growing web industry, it is recognized that many now will not seek a graphic designer for their website and prefer to seek an IT company. Most graphic design is now integrated with and required to work with online media yet most websites also require programming and complicated back end structure. You can either have a fantastically functional core system or website that ‘looks’ grotty, cheap and/or difficult to navigate causing poorer performance or you can seek a company like us that can build functionality AND increase its visual value and efficiency.

When you look at the word ‘symsys’, it actually has no meaning, has no dictionary entry and has no acronym easily pertaining to it, yet implies technology. And so we chose it, after research, having this name being completely available for us to do so.

If you refer to ‘Symsys Worldwide’, you will see that in all fairness, it is not a global issue that caused the need for this notice. It is the direct use of our Trademark, in conjunction with directly advertised services that conflict (even within the company name), AND not only the general geographic region of the world, but in the same very small country, evidence of our own client base being effected also played a large part in the generation of this notice. We see this as a direct infringement and due cause for exception.

 

Please note that comments are left OPEN on this subject and respectful notice of page presence has been sent to the third parties involved.

Any written / formal comment can be directed at Symsys Ltd. PO Box 15741, New Lynn, Auckland 0640, or faxed to us at request.


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