Starting a cured meat business

[theblueoyster]

Hi all!

I'm South African and looking to start a cured meat business and set on a name, which I had set on last year.

For the business, it seems like a variant of the name exists within the US and there's a company trading with something similar, but not exact to what I intend to use - in fact, there seem to be a few other companies trading with variants on a common saying in South Africa, but just nothing with this name in the UK. This company trades in the US, but I intend to only sell in the UK. I'm seeking advice on this, and I am sure the answer is simple - change the name, but I am new to this and not sure on how the trademarks work outside of the US and if I was to register this in the UK (as I have the social media handles for this already).

- Would the simple answer be to re-think the name?
- Shall I create a variant of the name?
- I can register this on the Gov Website in the UK

It's not a huge issue, as I can easily go back to the drawing board and figure out a new name. I have the building blocks around the packaging/brand and a name is the least of my worries. But, I am new to all of this and just believe I have an excellent product that is ready to go-to market.

Keen to hear from everyone!


TBO.

 

[Paul Kelly ICHYB]

If the name is not registered in the UK, register it and you are covered!

 

[theblueoyster]

If the name is not registered in the UK, register it and you are covered!

Thanks @Paul Kelly ICHYB! Yeah, just checked and it's not for what I intend to sell. My only concern was that it was abroad in the US, as long as I am good to go for it.

 

[Chris Ashdown]

Thanks @Paul Kelly ICHYB! Yeah, just checked and it's not for what I intend to sell. My only concern was that it was abroad in the US, as long as I am good to go for it.

As long as its not going to affect your company in the future, companies change their area of marketing quite often and the US is masters at litigation, so make sure you are happy and i suggest you make the name clearly maybe by adding another word or country to the name

 

[WaveJumper]

If not a huge issue why not go back to the drawing board and pick something that you know will be well protected going forward. You never know where your future business might lay

Why give yourself the headache

 

[fisicx]

I use a trading name around the world. It’s not trademarked and there has never been a problem even though there is a multinational in the US with the same name.

Set up a company called Biltong Beef. Then trademark the name of the product.

 

[theblueoyster]

I use a trading name around the world. It’s not trademarked and there has never been a problem even though there is a multinational in the US with the same name.

Set up a company called Biltong Beef. Then trademark the name of the product.

So, I can name the company Biltong Beef, then trademark the name of the product as something else, right?

 

[theblueoyster]

If not a huge issue why not go back to the drawing board and pick something that you know will be well protected going forward. You never know where your future business might lay

Why give yourself the headache

On this, I had the name a few years ago and it stuck, so it's purely the name. The name isn't used in the UK at all.

In the future, I don't intend to sell our products abroad at all, only in the UK where the name is not registered.

 

[fisicx]

So, I can name the company Biltong Beef, then trademark the name of the product as something else, right?

Yes. The company and trademark are two different things. They don’t need to be the same.

 

[theblueoyster]

Yes. The company and trademark are two different things. They don’t need to be the same.

Had no idea...sorry for the stupid questions!

 

[Joseph Bartosiewicz]

Trademarks are local. If no one in the UK owns that name, you’re good.

 

[theblueoyster]

Trademarks are local. If no one in the UK owns that name, you’re good.

I thought as much, I think I am going to run with this - trademark the name as it is.

I've paid a lot of thought to this over the last few days and if they're local, and it's only used in the US, then I can just use it here. I have simply no intention to sell anywhere else, just in the UK anyway.

Thanks a lot everyone for the help here!

 

[Paul FilmMaker]

I thought as much, I think I am going to run with this - trademark the name as it is.

I've paid a lot of thought to this over the last few days and if they're local, and it's only used in the US, then I can just use it here. I have simply no intention to sell anywhere else, just in the UK anyway.

Thanks a lot everyone for the help here!

Just one thing. The company in the US... are they absolutely huge? It's not a dealbreaker but just pointing out something that happened to me.

I'm half Chinese (which is relevant, bear with me) and my company is FnX Media, video production. There's a company in the US with the same name (FnX) which I thought wouldn't be an issue because it's related to only Native Americans and indigenous television.

Well, turns out a certain number of Americans can't tell the difference between half Chinese and Apache. Or, say, the US and the UK. And looking at my website for even a nanosecond would reveal we're a video production outfit in the UK. Not, say, a tribal gathering television channel.

Bear in mind that half of the US don't have passports and a certain number of them may not be particularly smart.

So if there's a crossover with a US company, you have the dotcom and the US company is big, you will spend time fielding messages from some of the less intelligent US brethren, a few of whom can be surprisingly belligerent. Judging by the amount of weirdness we get from a small crossover, if you crossover with something big, this may take you more time than you anticipate.

 

[Chris Ashdown]

Having worked on US Pipelaying Barges and Offshore drilling rigs, I can fully understand the Less Intelligent. especially those from Texas and Louisiana