Name question: how do you protect a company or brand name?
Hello once again my fellow people. I have a quick question Im not real clear on something and if any of you guys has a messanger or email address that is willing to help me if you would like to go more in depth please pm me or reply here if you can. Well to my question
I have a couple names picked out for a clothing line im going to start. What I would like to know is how do I go about checking if I can use the name legally (check if someone else is using. Also how would I go about protecting it, would i be able to copyright or does it have to be trademarked. And how would I seacrh it I tried both the Copyright link and the Trademark link on the left side of the forums. Well once again thanks for any comments and I did look before posting but couldnt really find a direct answer to my question.
If you want to protect the name of the clothing line, you would need a trademark for this. It isn't necessary at this point, but I would start with the trademark search. See what comes up.
I would also do some extensive online searching. Search all of the major search engines.
If you are still in the clear, I would register the name with the state, then produce some articles of clothing with the name embellished in some fashion, and place the TM symbol next to the name.
SELL IT. To somebody. Anybody.
If you have the money to register for a trademark, I would also get the process started after you check the USPTO website and the search engines.
Re: Name question: how do you protect a company or brand name?
when you apply for a DBA they do a search for you to check and see if the name is taken. im not sure but i dont think anyone can trademark your name if it's under your name as a DBA but i think they can reproduce you logo because it's not trademarked.
Re: Name question: how do you protect a company or brand name?
Quote:
Originally Posted by 2STRONG
when you apply for a DBA they do a search for you to check and see if the name is taken. im not sure but i dont think anyone can trademark your name if it's under your name as a DBA but i think they can reproduce you logo because it's not trademarked.
No, I don't think your local county will do a trademark search for you to see if the name is not taken. I think they leave that as your responsibility.
Re: Name question: how do you protect a company or brand name?
I thought you were basically protected (your business name) in the county where you get the assumed name. I'll have to go check on that. I know I was told it's only good for 10 years and then you have to re-register the name, in my county. If you pass the 10 year mark without re-registering the name can be taken. That's how it was explained to me. Oh btw I'm in Texas.
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Re: Name question: how do you protect a company or brand name?
Quote:
Originally Posted by 2STRONG
i guess i better check on that as well.but that really doesnt make sense why would the state allow someone to register a trademarked name
Most DBA's are done at the local level (city/county), not at the state level.
The state (or the local/city) agencies probably don't have the time to do your trademark research for you. They would have to do the searches and checks.
If it's something common like "NIKE", I'm sure they wouldn't let you register it, but if it's something uncommon like MANFRO, then they won't be able to know or take the time to research before assigning the DBA. It might open them up to more legal liabilities as well.
Re: Name question: how do you protect a company or brand name?
The truth of it is, it's sometimes cost prohibitive to go through the copyrighting and trademarking process in the begining of a new line. Also, its time consuming. My suggestion si once your established and have a steady revenue stream, then and only then should you go through the above processes.
Re: Name question: how do you protect a company or brand name?
I don't know. I would trademark asap if protecting the brand is of priority. Even as a small start-up, the chance of getting your name taken is not likely, but certainly not impossible. Think of how the founders of NIKE would have felt if they hadn't protected their name from the get-go, and some kid down the road DID go to the trouble of registering it, and basicly shut them out? haha I wouldn't be too hapy about that, but then, I'm not claiming to be the next Nike.
Re: Name question: how do you protect a company or brand name?
Quote:
Originally Posted by karlking85
I don't know. I would trademark asap if protecting the brand is of priority. Even as a small start-up, the chance of getting your name taken is not likely, but certainly not impossible. Think of how the founders of NIKE would have felt if they hadn't protected their name from the get-go, and some kid down the road DID go to the trouble of registering it, and basicly shut them out? haha I wouldn't be too hapy about that, but then, I'm not claiming to be the next Nike.
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Name question: how do you protect a company or brand name? 
Re: Name question 
