Patent Attorney and Founder
What if someone registers your trademark in another country?
Let’s say you’ve got a brand—like “Bob’s Soda”—registered in the U.S. under beverages. Someone else in the UK decides to register Bob’s for something completely different, like snacks or even clothing. Can they do that?
Yep.
They can.
Here’s why:
Trademarks are territorial. What’s protected in the U.S. doesn’t automatically apply in the UK or any other country. It’s like having a driver’s license—you can drive in your state, but that doesn’t give you free rein everywhere else.
So unless you’ve filed for protection in other countries, someone else can grab that name. Even if the brand is well-known in your country, it might not mean much across borders unless it’s truly famous worldwide (think McDonald’s or Nike).
But what if the product class is different?
Let’s stick with Bob’s Soda in the U.S.
Now you want to open Bob’s Gym in the UK under a totally different company. Is that legal?
Most likely, yes.
Different country. Different industry. Different legal entity. Trademarks are based on:
- Country of use
- Type of goods or services
- Who’s using it
Unless there’s some conflict (like if “Bob’s” is super famous or already used in fitness), you’re probably okay.
Can you prevent someone abroad from taking your mark?
Yes—if you plan ahead.
You can use something called the Madrid Protocol. It’s an international treaty that lets you extend your U.S. trademark into other countries. You don’t have to start from scratch—you piggyback off your U.S. application, and you get to keep your original filing date in those new countries if you do it within six months.
That’s a big deal.
Let’s say someone in the UK files a similar mark after you’ve filed in the U.S. If you act fast and file through the Madrid system, you might beat them—even if they filed first in the UK. Why? Because your U.S. date carries over.
But not many folks take advantage of that. Which is wild, because it can save you big headaches down the road.
What if your idea is like something already patented? Can you still patent it?
Short answer: Yes.
But let’s be clear—it needs to be different enough.
If your idea is just a copy of someone else’s, then no, you can’t. But if it’s a clear improvement or a unique spin on something that already exists, then there’s a path.
Let’s say someone patented a water bottle cap.
You invent one that’s child-proof, opens underwater, and glows in the dark. Still a cap, but totally different features. That could be patentable.
Now, here’s the catch:
Even if you get your own patent, you still can’t sell a full product that uses their design without a license. You’d be infringing their patent. But your improvement? That’s yours.
One smart move?
License your new cap to them. You hold the rights to the upgrade, they already have a market. They pay you royalties for every bottle sold with your design. Everyone wins.
But—before you go too far, do a proper patent search. That’ll tell you what’s already out there, and where your idea stands.
Can I file a trademark using just my DBA?
Nope.
You can list a DBA on the application, but it can’t be the owner.
Why?
Because a DBA (doing business as) isn’t a real legal entity. It’s just a name your business goes by. The USPTO wants to know who actually owns the trademark. That means your LLC, corporation, nonprofit—or you, if you’re a sole proprietor.
Now, if you don’t want to tie your current LLC to the new brand, and you’re not ready to form a new company yet, you’ve got a bit of a dilemma.
One option is to use your existing LLC but accept that people may be able to trace it back to you. It’s public info. Especially if someone knows where to look (like the Secretary of State’s site).
Want privacy?
Look into states like Delaware, Wyoming, or New Mexico. They offer ways to set up LLCs without your name being plastered everywhere. You’ll need a registered agent, but it’s doable.
Can one business own two different trademarks for different services?
Yes.
Think about it this way: You’ve got one company, but it runs two brands. JD’s Magic Mow and JD’s Roofing. Different names. Different services. Same owner.
That’s totally fine.
You’d just file separate trademark applications—each one covering the right name and service. You don’t need two LLCs unless you want to keep the businesses completely separate for liability or tax reasons.
Plenty of companies run multiple brands under one roof. Just make sure each trademark application clearly lists what it’s for.