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.
OK, I have been reading and reading and still need clarification. Example: The stick figure Jake on the Life is Good clothing line. In this scenario since Life is Good is the company name and Jake is their logo---is this the ideal situation for trademark of a phrase and logo? Is the "blurred" area when this company produces shirts with happy, harmony, etc. Can they really trademark these type of words? I have done my online search. My company name is also my logo and the phrase/design for my shirt (at least to start)....is this a good situation for trademark (or copyright)? I don't want to register right now. I am just starting, no one knows or cares. I can put the money elsewhere in my business like marketing. Can I wait to trademark?
I actually trademarked my brand. We are just getting into t shirts though. We sold other clothing designs first so trademarking was essential. I AM glad I got it out of the way because it takes a good 8 months to a year from application to registration.
Our company mascot is "copyrighted". It was copyrighted in the name of the company, not the artist (all me anyway lol). But doing it this way gives you ownership over both. No one is going to use your copyrighted image/graphic legally without your permission.
So when you are ready you can consider those options.
You can submit it for registered trademark™, and when they send you the information to complete the registration and pay, you can keep it idle until you are ready to pay- your registration is still on file with original submit date.
You can submit it for registered trademark™, and when they send you the information to complete the registration and pay, you can keep it idle until you are ready to pay- your registration is still on file with original submit date.
When can I use the trademark symbols TM, SM and ®?
Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" only after the USPTO actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.
I think what you were referring to is "intent to use" which is filed in the same manner as a regular trademark just a different filing basis and if I am not mistaken costs the same as filing a regular application. When you go through the online application process, you have the option of stating the date of first use anywhere/first use in commerce and you also have the option of saying "intent to use": What must the Application Include?
Quote:
What is "intent to use"?
If you have not yet used the mark, but plan to do so in the future, you may file based on a good faith or bona fide intention to use the mark in commerce. You do not have to use the mark before you file your application.
An "intent to use" application must include a sworn statement (usually in the form of a declaration) that you have a bona fide intention to use the mark in commerce. A properly worded declaration is included in the USPTO standard application form. The applicant or a person authorized to sign on behalf of the applicant must sign the statement. NOTE:If you file based on intent to use, you must begin actual use of the mark in commerce before the USPTO will register the mark; that is, after filing an application based on "intent to use," you must later file another form ("Allegation of Use") to establish that use has begun. See "Additional Requirements for ‘Intent to Use’ Applications" for more information.
Now as far as I know the fee for filing an Intent to Use application is the same as if you were using the mark. I see nothing indicating that they would defer payment until you were ready to use your mark. If you file the application, you pay. If anyone finds otherwise, please let me know I would definitley like to know about it.
If you're just starting out don't worry about trademarking yet. It can wait. Develop a plan first and start selling some t-shirts.
Hi, thanks for the info. You brought up something else for me. My process: registered business name with my state now working on logo. Logo will be some graphic of the business name. I think I will wait to trademark. But will be ready too. But right now since I am in the logo stage and plan to immediately find a tshirt press co. after that to go to printing should I be more concerned about copyrighting the logo? All of these measures are just to ensure no one copies my idea right? Does having the company name save me at all if I wait to pursue these measures? THANKS!
If you're just starting out don't worry about trademarking yet. It can wait. Develop a plan first and start selling some t-shirts.
Hi Also you mentioned the necessity of the trademark because of your clothing line. My launch will be fitted tees and just fitted womens' shirts (may not be considered tees) with the logo essentially. Is their a difference in all this if/once I move to other merchandise? Is this where the necessary copyright comes in? Thanks!
OK, I have been reading and reading and still need clarification. Example: The stick figure Jake on the Life is Good clothing line. In this scenario since Life is Good is the company name and Jake is their logo---is this the ideal situation for trademark of a phrase and logo? Is the "blurred" area when this company produces shirts with happy, harmony, etc. Can they really trademark these type of words? I have done my online search. My company name is also my logo and the phrase/design for my shirt (at least to start)....is this a good situation for trademark (or copyright)? I don't want to register right now. I am just starting, no one knows or cares. I can put the money elsewhere in my business like marketing. Can I wait to trademark?
I hope it is just that easy. Can you share your experience? Did you just "do" it and then worried about the legal stuff?
Yes, another trademark question... 
