One of my listeners on my podcast ‘the answer is brand’ asked this question.
‘Should I change my name if it’s trademarked in another country?’
The listener worried that they were infringing on the other company’s trademark rights.
To answer their question, there’s subtle differences in trademarking.
The ™ symbol
One of the most common ways this is expressed is through the ™ symbol.
It’s used to deter people from using the name/symbol in question, however, all it indicates is that the company intends to register that trademark.
If that symbol is in use, it means they haven’t registered the name with their national IPO (intellectual property office).
Industry specific trademarks
The name can also be categorised according to its industry.
For instance, there might be a drilling company that wants to trademark the name Danny&co.
Due to the industry being radically different from mine, they’d have the right to do register that trademark.
One thing to bear in mind whilst going through the process is that anyone can contest your registration, and they’ll have the timeframe of 2 months to do that.
In the case of the listener, the other company had a TM symbol next to their trademark (which meant that they intended to register it) and although they were in a different country, they were in the same industry.
Because each country has its own IPO, the listener could keep their name/design the logo however they wanted, and nobody could directly do anything about it.
Technically if you were to register a trademark globally and the other company didn’t pick it up, you would be the individual who would go to them to contest your name.
So, in conclusion, don’t be put off by companies with the symbol ™, and put some trademark research into the phrases, symbols, logos, etc. that you use.
If you have a question about starting, growing, or scaling your business, head over to Dannyand.co/podcast to record and send your question in. It’s not only a great way to promote your business, it also helps other businesses who might be encountering a similar issue/question to you
