The Nepal DVD Story
Years ago, while living in Kathmandu, there were loads of copied DVD shops around the area where we lived. You could rent films cheaply, and copied discs were everywhere.
I remember talking with one of my work colleagues, a well-educated Nepali guy, about all the copied DVDs in our area. With complete seriousness, he told me that when you see the copyright sign, it means the right to copy.
I explained that it actually meant the opposite, but he kept insisting that was what it meant.
Ever since then, whenever I see the copyright sign, I think of him, and it still makes me smile.
What Is Copyright?
Copyright is a legal protection for original creative work. It covers things like writing, music, photography, film, artwork, software, and design files. It gives creators rights over how their work is copied, shared, published, adapted, or used commercially. In many countries, including New Zealand, copyright usually arises automatically once the work is created and recorded in some form. It protects the expression of an idea, not the idea itself.
The little © symbol is usually more of a notice or reminder to others that the work is protected by copyright and belongs to someone. It can help signal ownership, but the symbol itself does not normally create the copyright.
What Is a Trademark?
A trademark is a legal way to protect the identity of a brand, such as its name, symbol, business name, logo, slogan, or other recognisable features that help people know where goods or services come from.
Sometimes you’ll see a small TM or ® next to a brand name or logo. These symbols indicate that the brand is claiming trademark rights, or that the trademark has been officially registered in a specific country or region.
For years, if I’m honest, I didn’t really know what TM meant. Even though I was designing logos, I assumed it was just a cool little symbol people added beside a brand name.
A few years back, while working on the branding and visual direction for a client, the client discovered that the strapline we were using was already trademarked by Walmart in the United States. It sent me down a path of learning more about trademarks, copyright, ownership, and the risks people can easily miss when building brands.
Part of the reason I’m sharing this is so others can avoid some of the same pitfalls.
Having said that, I still don’t trademark many of the things I create. There is often real cost, time, and admin involved. But it is worth understanding that if a name becomes valuable, or a larger company moves into the space, you may have fewer rights than you expected if you have not protected it.
TM vs ®, What’s the Difference?
TM = We’re claiming this as our brand mark
® = This mark is officially registered
Both symbols relate to trademarks, but they mean different things.
TM means trademark claimed. It is commonly used to show that a business considers a name, logo, or slogan to be its trademark, even if it has not been officially registered yet. In many places, people can use TM without formal registration.
® means registered trademark. It shows that the trademark has been officially registered with the relevant government authority in a specific country or region.
Registration is territorial, so a brand may be registered in one country but not another. A startup might use TM beside its logo while applying for registration, then switch to ® once approved, where legally allowed.
Using ® when a mark is not actually registered in that country can be unlawful in some places, so it is best not to chuck it on casually.
Helpful General Legal Guidance I Received Previously
In earlier work, I sought advice from an intellectual property lawyer. These were some useful general principles from that discussion.
1. Trademarks Are Territorial
Trademark rights are usually country by country.
Owning a trademark in New Zealand does not automatically give rights in Australia, the United States, or Europe.
2. Similarity Matters
The common legal test is often whether names are confusingly similar.
That can involve:
spelling
pronunciation
visual appearance
overall commercial impression
Two names do not need to be identical to create risk.
3. Industry Matters Too
Sometimes similar names can co-exist if they operate in different sectors.
For example, one business may be in clothing, another in software, another in hospitality.
However, very well-known brands can sometimes have broader protection.
4. Search Before You Launch
Before investing in branding, websites, packaging, signage, or advertising, it is wise to search first.
For New Zealand, the official trademark register is managed by the Intellectual Property Office of New Zealand.
Useful websites:
You may also want to search wider registers, such as international databases, if expansion is possible.
5. Search Wider Than Exact Matches
A proper search is not just checking whether your exact name exists.
You should also look for names that are close in sound, look, rhythm, or meaning.
For example, if your brand name was Northlight, you may also need to consider:
North Lite
Northlite
Northlyte
North Bright
Nth Light
Northern Light Studio
Likewise, if your name was Gather Co, similar risks could include:
GatherCo
Gathr Co
Gather & Co
Gather Company
Gether Co
This is why searching can take time. It is often several hours per country because you are not just checking one exact spelling, you are checking a range of similar possibilities and nearby industries.
You should also search:
company registers
domain names
social media handles
businesses already trading without registration
6. Typical Registration Costs
Costs depend on the country and how many classes of goods or services you want covered.
The following historic estimates were shared with me at the time and may have changed since then:
New Zealand, about NZD $650 for one class
Australia, about NZD $900
United States, about NZD $2,500
European Community, about NZD $3,400
These figures may now be different, especially once exchange rates, legal fees, objections, and multiple classes are added.
Why This Matters in the AI Era
AI now helps generate business names, logos, websites, copywriting, product ideas, and imagery. That is exciting, but it also creates new questions. Can you trademark an AI-generated name? Has that logo been influenced by someone else’s brand? Is the name already taken overseas? Who actually owns the final output?
The technology moves fast, while the law often moves slowly. If you are launching something meaningful, don’t fall in love with a name before checking it, don’t assume AI suggestions are legally available, search early before spending money on branding, think internationally if growth is possible, and get proper legal advice when it matters.
Final Thought
My friend in Nepal may have misunderstood what copyright meant, but he accidentally touched on something true about human nature.
People tend to copy what they admire, value, or want.
The challenge of intellectual property law is trying to balance protecting creativity, rewarding original work, and allowing ideas and culture to keep moving. Now AI has added a whole new layer to that conversation.
Disclaimer again: This article is general information only and reflects personal experience. It is not legal advice. Please consult a qualified lawyer for advice specific to your circumstances
By:
Matt Watson
