This section of the forum is for discussing the business and finance issues of the t-shirt industry. Which business structure to use (sole proprietor, LLC, S Corp, etc), how to handle billing, where to register your business and get the proper licensing, etc.
lets say you have a super design and you trademarked it..then in 60 days some bad ole guy/company steals it...do you have the funds to pay an attorney to go after them?? remember attorneys are 200-300 an hour and up and don't do this work on contingency...so I guess I would sort of wait and guage my sales/acceptance before doing trademark
Just as a piece of information, all you have to do is ad the TM next to anything and technically it is trademarked (if no one else has done this prior to you). Registering you're trademark is another thing all together. I wouldn't worry about registering your trademark until you have the money coming in to justify it....as long as you have the TM next to the logo/design/name whatever, you are protected....to a certain extent.
"Assuming that a trademark qualifies for protection, rights to a trademark can be acquired in one of two ways: (1) by being the first to use the mark in commerce; or (2) by being the first to register the mark with the U.S. Patent and Trademark Office ("PTO"). "
Wow my attorney said something like $600 for a trademark, I dont know how the price differs from a trademark to a copyrite.
Like somebody else said, do you have the money to chase after someone who stole your design? Thats why attorneys send out cease and decist letters before they take you to court (thats if you stole someones design). They dont want to pay for that, their lawyers cost more than yours or mine. She (my attorney) said if my company stole a logo, say capn crunch, Quaker Oats would have to pay something like a half million to get me into court.
I would say forget about the copyrite unless you start getting magazine publicity or are selling a lot of shirts of that design every week. A lot of business's go out because they had the wrong approach of how to spend their cash.
Just my thoughts.
You have to realize though that putting the tm next to your design is only good as long as nobody else tries to trademark the design. Then you could probably win in court as long as you have the money to hire a lawyer, and then go to court to prove you used it first. I think you would spend less money just trademarking it to begin with. Although I am not a laywer as none of us here are, the only way to know for sure what is best for you is maybe talking to a lawyer and getting advice from them.
Let me air some of my dirty laundry.
I did pay a lawyer to trademark my brand name...not my logo.
Here is are my answers....
A1. He normally charges $925. I rcvd a $150 discount because I entered an invention contest. (Yes, I invent things also, so far have not won any contest)
A2. In order for the Trademark app to be approved quicker (usually within 9 months) you must prove it has been used in interstate commerce. This means I sold 1 shirt, took a pix, shipped it via UPS so it has a tracking# to a customer outside of my state. (this is b-4 my website is up and running, and my sis in law was the lucky recipient, Did I also mention it was one of my iron on test shirts? not even the screenprinted ones.)
A3. I WISH I would have saved the money for screenprinting. I WISH I would have saved the money for screenprinting. (or stickers, or woven labels)
A4. Go Ahead and put the tm by your name. Again, the trademark is for the name...not by beach goddess artwork which would have to be filed on its own.
A5. My options were to trademark my logo/artwork and company name together, or just the name, or just the artwork. Since I have more artwork, I chose to just tm my company name as it is my brand. This is my company and it signifies who I am and what my lifestyle and other girls is all about.
A6. here is a quote from my lawyer about when/where to use the tm symbol.. When: Now Where: In any conspicuous location adjacent to the mark and each time the mark is used (website, clothing, business cards, etc.).
Just a quick question about placing the tm by your name. This actually can offer you protection without actually going through the trademark process? It isn't some sort of fake use of a trademark that somebody could slip by?
Just a quick question about placing the tm by your name. This actually can offer you protection without actually going through the trademark process? It isn't some sort of fake use of a trademark that somebody could slip by?
Using a ™ symbol next to your brand name or logo will not offer you any actual legal protection. All it does is alert the public that you "claim" to own the mark. But this an unofficial claim that is not documented by anyone of legal authority.
Now, if you are currently using the mark in commerce (ie. selling shirts to consumers), then you are actually gaining common law trademark in the states you are selling the shirts. This is not the best protection, but it does offer you the opportunity to prove usage if your claim of ownership is ever contested or if you believe your mark is infringed upon.
The only true way to get legal protection and have legal recourse is to federally register your trademark. When you register, you get to use the ® symbol, which alerts the public your mark is official.
But to be honest, even registering your mark is not the perfect solution to protecting it. People may still steal your mark and use it. The best way to protect your mark is to aggressively take legal action against any and all infringement.
I believe any piece of "art" you create is automatically copyright protected the moment you create it. Of course proving that you created it FIRST, is another story.
forget about it. Trademarking will NOT protect your artwork. poeple can still take screen shots of your artwork and use it.
Say some person takes it and makes shirts.
1. you wont know if they took it if they sell shirts in person
2. like someone said here if you actually want to go with a lawsuit it is expensive.
3. not always reliable.
Oh and also if something is your own UNIQUE work then it is actually automatically trademarked for like 50 yrs (i forget the amount of years) and also for about 50 yrs after you die. Its already TM'd
Trademark questions and answers 
