Live data from Hacker News

Ask HN: Is a SaaS provider expected to have a trademark in every country?

news.ycombinator.com

31–32 of 32 posts

Re: Ask HN: Is a SaaS provider expected to have a trademark in every country?

#31
post #30
post #17

Earlier quoted context omitted.

There's no need but if someone straight-up registers your name before you do, you will have an expensive fight compared to the cost of registration. Happened to my last company, the new company didn't want to budge and it must have cost £20k to rectify compared to the few hundred it would have cost if we'd registered it ourselves when we started trading 10 years earlier. Proving we'd got unregistered rights to the ma…

This is true(ish).. > Happened to my last company, the new company didn't want to budge and it must have cost £20k to rectify compared to the few hundred it would have cost if we'd registered it ourselves when we started trading 10 years earlier. £20k might be cheap compared to the fees associated with keeping a TM registered in multiple categories in multiple countries for 10 years. It's pretty easy to spend $5K reg…

Yes we spent £20k to win our registration, but could have lost the mark entirely - I can't imagine what that would have cost instead.

It's a tricky expense to justify when you're bootstrapping, but if you're funded at all - put those TM registrations on the list!

Re: Ask HN: Is a SaaS provider expected to have a trademark in every country?

#32
post #16

OK, so if someone trademarks "TransistorFM" in the US, they could sue the podcasting service https://transistor.fm/ for selling to people in the US?

You should consult with a trademark lawyer (I'm not a lawyer), but my understanding from lawyers who've trademarked for me is that you must have used (or will use via the intention to use filing) the mark in commerce. If you have not, then the mark is not active. Because Transistor fm has used their mark in commerce, then they will hold rights to it already even if they have not officially trademarked (not sure if th…

Also if you are able to successfully trademark Transistor FM and then sue transistor.fm, the suit is unlikely to go anywhere since transistor.fm can easily show they have been using that domain before your trademark. And you may also lose it. Disclaimer IANAL.
Post reply on HN