Avoid your electrical business getting sued! | 104

In this episode I dive into something most sparkies ignore until it bites them halfway through their business — trademarks, business names, and why ripping off big-brand logos or choosing a name without doing your homework can destroy your company overnight. I share real examples, mistakes I’ve seen (and nearly made myself), how to check if a name is safe, why trademarking is actually cheap, and how protecting your brand now can save your entire business later.

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Transcript

Pass me the vacuum, James Dyson. Please don’t sue me.

Welcome to Simplified Sparky Marketing.

Today we’re talking about something most people don’t think about when they start their business — but it can actually fuck you halfway through your business if you get it wrong.

And that’s trademarks and business names.

This got triggered for me this week because I spoke to a gentleman — he may be listening to this — whose business name is probably fine, but the logo is a blatant rip-off of a massive corporation. And that kind of thing will come back and bite you eventually.

Here’s what usually happens when sparkies start their business:

You don’t think too deeply about the name.
 You pick something that sounds cool.
 Or something that looks good on a van.
 Or something you think nobody else will have.
Or sometimes you just pick it because it popped into your head.

The problem is this:

Most people don’t check if that name is already taken.

Just two or three weeks ago, a new member jumped on board. He told me the name he wanted to use. Before the call I did my usual stalking — and I got confused. I thought he was in Perth, not Victoria. Then I dug deeper and realised it wasn’t him — it was someone else using the exact same name.

When we got on the call, he told me he had discovered the same thing and decided to change his name before launching. Smart move.

Because here’s where it really goes wrong:

A mate of mine in NSW set up a business a few years back. Only problem was, another company a few suburbs over had the exact same name. The only difference was they had “NSW” stuck on the end.

Both companies were called “X Electrical” (I’m not saying the real name).

What eventually happened was this:

My mate was doing great work. A builder mentioned a future job he was likely to get. Months later he checked that job… and the other company had done it. They rocked up, the client obviously liked them, and the job went their way.

Mixed wires.
 Confusion.
 Lost opportunities.
 All because of a name.

This is why your business name needs to be unique. It’s your brand. Your legacy. Whether you’re a solo operator or you’ve got dreams of 20 techs working for you — your name should be yours alone.

And it’s incredibly simple to check this:

• Use IP Australia to check trademarks
• Check the ABN register
• Search domains on GoDaddy
• Look for social media handles
• And for god’s sake, Google the name

Now… here’s where people really shoot themselves in the foot:

When they think they’re being “clever.”

Let’s say you call your business:

Dyson Electrical.

Dyson — the vacuum brand — is massively trademarked. So even though “Dyson” might be your last name or you think it sounds cool, the reality is this:

You might get away with it for a few years.
 You might build momentum.
 You might have 5 guys working for you.
 You might have vans wrapped.
 Uniforms printed.
 Website running.
 Socials humming.

And then one day…
 You get a letter from Dyson the company.

Not a friendly letter.
 A stop everything immediately letter.

Telling you that you’re using their trademark.
 Telling you to change your business name.
 Telling you to remove your website, uniforms, signage, everything.
 Or they’ll take legal action.

This happens more than you think.

Same deal with logos.

If you blatantly rip off someone else’s branding, even if you changed a few colours or rotated it 10 degrees, if it’s recognisable, you can be hit with legal action. There’s a plumbing company in Sydney called “PlumHub” and the logo is literally the “PornHub” layout. Funny as hell, but legally? A minefield.

Now, here’s why I personally trademarked my business name:

If you’re doing well and you’ve got a really strong brand in your area, someone else could come along — maybe a plumber — and use your exact name.

And unless you’ve trademarked it,
 you can do nothing about it.

That’s why I own the trademark for a single, specific word in my company name. It means if someone uses that word in the same industry, I can go after them legally.

And to be totally honest — I like the ® symbol next to my logo. Total vanity metric. But I love it.

Another thing people forget:

If someone in another state uses your name and they’re doing shit work, your brand can get dragged down with theirs. If they’ve got 1.5-star reviews, or if they end up on A Current Affair with Tracy Grimshaw knocking on their door, guess whose name is being tarnished along with theirs?

Yours.

People won’t know who’s who.

Bad news spreads faster than good news.

And trademarking? It’s cheap as chips.

It cost me around $400–$600.
 The process was simple:

Go to the government site.
 Follow the steps.
 Submit.
 Wait the 6–12 months.

You can pay a third party to “help,” but all they do is charge more and follow the exact same prompts.

So the message today is simple:

Your business name is the foundation of your entire brand.
 Don’t take shortcuts with it.
 Check it.
 Secure it.
 Trademark it.
 Protect the business you’re busting your ass to build.

If you want any more from me, all the links are under the podcast.