In the very beginning stages here and this is what I THINK I understand...
In order to claim my business name and logo I have to get a trademark on it.
I am assuming I can do this online. Right?
My main question lies here. Do I need to check my different ideas (for my shirts) to make sure it's not anything that has already been made before?
And also do I need to trademark my tshirt ideas to make sure no one else is able to take my idea?
I don't want to make a shirt that has already been made or use a phrase that isn't original but at the same time I also don't want to come up with a really great shirt without making sure I am the only one who can produce it and make profit off of it.
what we do when in doubt if it's been done before, we ask a guy here in town who has been making shirts/slogans etc.... since the 70's. He has seen a lot of shirts/designs and has a bunker full of heat transfer designs (I helped him with a database for them so he can find them quick )...kind of a collector you might say.
I really don't think there is a whole of a lot that has not been done before one way or another idea/style wise. How you make is what makes it different.
Of couse this does not apply in all cases..... a straight replica knock-off is what it is.
Yes, you can do Title/Design searches on google etc.... and document what you have or have not found... that's a start.
In order to claim my business name and logo I have to get a trademark on it.
I am assuming I can do this online. Right?
Depends on what you mean by "claim". You can start using your business name as a business in your area once you register your business. Some counties require a business license to do this.
If you want to protect your "brand name" or "brand logo", then that's where a trademark would come in. More information on trademarks and how to register on the official trademark site here: Trademarks
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Do I need to check my different ideas (for my shirts) to make sure it's not anything that has already been made before?
That would be a good idea to make sure your designs are original. You could check both the trademark database and/or do lots of Google searches.
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And also do I need to trademark my tshirt ideas to make sure no one else is able to take my idea?
Unfortunately, you can't trademark an "idea" or even copyright an "idea". You can copyright actual designs and you can trademark brands, but ideas themselves don't really have much protection.
but ideas themselves don't really have much protection.
Patents are for ideas, but they don't really have much place in this part of the industry. If you get lucky you can patent anything though (someome successfully patented an idea for a story a few years ago, I have no idea whether or not it has since been overturned).
Unfortunately, you can't trademark an "idea" or even copyright an "idea". You can copyright actual designs and you can trademark brands, but ideas themselves don't really have much protection.
Think of it this way...
Ideas are dreams that have not been placed in pen. Copyrights are dreams placed in pen, and trademarks are dreams that are penned and made to last a lifetime (or, at least 5-10 years)... LOL
The Pet Rock comes to mind... original Coke... Margaritaville! (oops!) By the way, the SMILY FACE was never a copyright (to the best of my knowledge), and Ted Turner attempted, at one time, to patent the way "Louisville Slugger" was made (not his original invention!)
Patents, on the other hand, are supposed to be "original" ideas that have been put into production (patented to protect the process of creating the idea for a period of time, so the idea man can recoup all the money spent on the mistakes getting there!) This, again brings up original Coke, and Captain Morgan!!!
Last edited by CoolTech; February 20th, 2007 at 07:50 PM.
You can start using your business name as a business in your area once you register your business.
can you post a link that explains how to register your business? What I want to do right now is, have my shirt company name, protect it, and have that name registered so i can have tax IDs and all that stuff.
can you post a link that explains how to register your business
It varies from state to state and county to county. You'll need to contact your local chamber of commerce and ask them what it takes to register as a business. If you search the forum for registering a business, you'll find some good past tips posted as well.
You'll also need to decide whether you're going to be a sole proprietor, LLC, corporation, etc.
can you post a link that explains how to register your business? What I want to do right now is, have my shirt company name, protect it, and have that name registered so i can have tax IDs and all that stuff.
thanks!
Ok, I am in Florida too.
To start a business in Florida:
You need to decide whether you are going to be an S Corporation, Partnership, or Sole Proprietor (each has different legal ramifications. You would do well to speak to an accountant, or lawyer about the business model you choose)
In my case:
I am the president of the corporation. (I think it was $150.00 to INC. in Fl)
I have a DBA (doing business as). In Florida that is a $50.00 (or $55.00) fee paid to the state, and they publish the name and informtion for 10 days. If no one complains, you are now "doing business as" in the state of Florida
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Those two decisions need to be made first. No bank will open an account without the paperwork from at least one of those receipts sent to you by the state of Florida.
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Next, you will need an Occupational License from your county. It lists the type of business, and the business location (even if it is from your home). Cost on the west coast of Fl. is about $25.00 for this business out of the house.
Since you will be selling in the state of Florida, you will need a Reseller's number (or, sales tax number that allows you to purchase wholesale or at a discount for resale without paying sales tax on the products you purchase to resell. You will need to collect and pay sales tax to the state). The type of business you have will determine how you pay your sales tax to the state (weekly, monthly, quarterly or semi-annually... but, that is determined by the state).
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I suggest you get a PO Box for business mail. It is tax deductable, you can lease the smallest box there, and when larger mail comes, they have larger boxes set aside (you will get a numbered key in your little box to open the larger boxes, and just leave the key in the lock)
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A decent accountant should be able to get all the paperwork filled out and sent off for about $400.00 (maybe a little more in your area, but not much more). The accountant will help you stay in-step with the laws for keeping your business out of the state's and the IRS's cross hairs. Mine just sends me a reminder mail when forms are due, and I print them and send them from my QuickBooks. At the end of the year, I submit my paperwork to him and he charges about $400 to do the company's taxes and my personal taxes.
Everything else comes after you decide the first two things I mentioned. That should get you started
To start a business in Florida:
You need to decide whether you are going to be an S Corporation, Partnership, or Sole Proprietor (each has different legal ramifications. You would do well to speak to an accountant, or lawyer about the business model you choose)
ok, which should it be? accountant or lawyer?
which one should i do? if it depends on what suites me, how can i find out what each provides?
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Originally Posted by CoolTech
I have a DBA (doing business as). In Florida that is a $50.00 (or $55.00) fee paid to the state, and they publish the name and informtion for 10 days. If no one complains, you are now "doing business as" in the state of Florida
what would be the purposed as a DBA? wouldnt you just do business as what you gave for that business name in the first place?
does all this still apply if my last name will be the name of my business?===
Quote:
Originally Posted by CoolTech
A decent accountant should be able to get all the paperwork filled out and sent off for about $400.00 (maybe a little more in your area, but not much more). The accountant will help you stay in-step with the laws for keeping your business out of the state's and the IRS's cross hairs. Mine just sends me a reminder mail when forms are due, and I print them and send them from my QuickBooks. At the end of the year, I submit my paperwork to him and he charges about $400 to do the company's taxes and my personal taxes.
how can i go about finding a GOOD accountant?
does it cost money just to talk to an accountant and see how much he will charge for all of this?
which one should i do? if it depends on what suites me, how can i find out what each provides?
Uh, contact some and ask questions
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Originally Posted by VOLCY
what would be the purposed as a DBA? wouldnt you just do business as what you gave for that business name in the first place?
I thought that would be self explanitory. Unless you are doing business as your name, you are doing business as some other entity. Not many will purchase products from "John Smith" when they can purchase from "JS Clothiers", "John Smith T-Shirts", "South Florida Art"
Unless you plan to do business as your name, you will want to contact an accountant or a lawyer (whoever you feel better contacting, after asking the questions you think need answers)
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Originally Posted by VOLCY
does all this still apply if my last name will be the name of my business?===
It does if someone else is doing business as your last name. Again, who wants to buy from company "Smith"?
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Originally Posted by VOLCY
how can i go about finding a GOOD accountant?
Go to small businesses in your area and ask them if they like theirs, ask your friends who they recommend, contact the SBA (Small Business Association) in your area Yellow Pages.
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Originally Posted by VOLCY
does it cost money just to talk to an accountant and see how much he will charge for all of this?
Some do, some don't. You will need to ask them if they charge for a consultation
Question about making sure it's my own... 
)...kind of a collector you might say.
