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Proof of Production for Trademarking?



 
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Old June 14th, 2007 Jun 14, 2007 9:23:49 AM -   #1 (permalink)
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Default Proof of Production for Trademarking?

I have been reading the USPTO website, preparing to trademark my company name. I have a question for people that have already gone through this process. I have to send in proof that I have started production of our line. The website says that they don't want an actual garment sent in but they want a tag. Is this a woven tag, hang tag or what? What did you send in to show proof of production? Thanks for your help.
 
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Old June 14th, 2007 Jun 14, 2007 9:52:16 AM -   #2 (permalink)
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Default Re: Proof of Production for Trademarking?

You can send in a woven label from your brand as proof of production.
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Old June 14th, 2007 Jun 14, 2007 1:26:02 PM -   #3 (permalink)
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Default Re: Proof of Production for Trademarking?

Quote:
Originally Posted by Rodney
You can send in a woven label from your brand as proof of production.
I am sorry Rodney, I should have mentioned earlier that I screen print my tags. That was part of my confusion of what to do. Should I buy some woven tags just for trademarking purposes?
 
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Old June 14th, 2007 Jun 14, 2007 2:03:58 PM -   #4 (permalink)
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Default Re: Proof of Production for Trademarking?

Quote:
Originally Posted by dfalk
I am sorry Rodney, I should have mentioned earlier that I screen print my tags. That was part of my confusion of what to do. Should I buy some woven tags just for trademarking purposes?
I'm not sure on that one. You may want to call them and ask. Another type of tag might work.
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Old June 14th, 2007 Jun 14, 2007 3:52:08 PM -   #5 (permalink)
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Default Re: Proof of Production for Trademarking?

So am I right to assume that I can not copyright my designs until a produce my own tag?
 
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Old June 14th, 2007 Jun 14, 2007 4:45:30 PM -   #6 (permalink)
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Default Re: Proof of Production for Trademarking?

Quote:
Originally Posted by solomonshop
So am I right to assume that I can not copyright my designs until a produce my own tag?
No, that wouldn't be a correct assumption. Copyrighting is a completely different animal. You can read about the requirements for copyright on their website.
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Old June 14th, 2007 Jun 14, 2007 5:39:23 PM -   #7 (permalink)
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Default Re: Proof of Production for Trademarking?

Quote:
Originally Posted by dfalk
I am sorry Rodney, I should have mentioned earlier that I screen print my tags. That was part of my confusion of what to do. Should I buy some woven tags just for trademarking purposes?
Screenprinted tags should be OK. I think the only reason they need proof of production is so that they know that the trademark being requested is actually being used.
 
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Old June 16th, 2007 Jun 16, 2007 3:03:49 PM -   #8 (permalink)
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Default Re: Proof of Production for Trademarking?

I just filed my example last week. Here is a simple way to do it. Proven and accepted by the feds. ...Design a simple hangtag using the name or logo. Be sure to show the size and price. Print it out and cut it to size. Take a picture of it and email it to them. Make sure it's readable!
 
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Old June 16th, 2007 Jun 16, 2007 5:23:24 PM -   #9 (permalink)
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Default Re: Proof of Production for Trademarking?

Mike,

that secures your design?
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Old June 16th, 2007 Jun 16, 2007 5:25:39 PM -   #10 (permalink)
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Default Re: Proof of Production for Trademarking?

That does not secure a design. This is just for trademarking. You need to copyright to secure designs.
 
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Old June 16th, 2007 Jun 16, 2007 8:19:07 PM -   #11 (permalink)
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Default Re: Proof of Production for Trademarking?

CORRECT...
The question involves proof of production, for sale. Using a trademark.

It's not the specific design of a shirt. But the trademark you are using. Showing use, of the said trademark. Be it a name or logo. After you file for the trademark, you need to show proof of use.
Such as a hangtag...Which shows the use of your product in a specific context. Not just a design. But , a name brand or a logo being used. In the interstate sales of the said product. Be it tshirts or coffee cups or bumper stickers. Then you need to show proof of interstate sales ect.
For instance. I filed a trademark on the name MIKE HAWK. For use on clothing. That was over 1yr ago. It was accepted and I had to file proof of use, in the said catagory (clothing). So I did, via a hangtag. I paid another fee and now I'm waiting for my cert..
 
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Old November 11th, 2007 Nov 11, 2007 10:00:19 PM -   #12 (permalink)
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Default Re: Proof of Production for Trademarking?

Quote:
Originally Posted by MIKEHAWK
CORRECT...
The question involves proof of production, for sale. Using a trademark.

It's not the specific design of a shirt. But the trademark you are using. Showing use, of the said trademark. Be it a name or logo. After you file for the trademark, you need to show proof of use.
Such as a hangtag...Which shows the use of your product in a specific context. Not just a design. But , a name brand or a logo being used. In the interstate sales of the said product. Be it tshirts or coffee cups or bumper stickers. Then you need to show proof of interstate sales ect.
For instance. I filed a trademark on the name MIKE HAWK. For use on clothing. That was over 1yr ago. It was accepted and I had to file proof of use, in the said catagory (clothing). So I did, via a hangtag. I paid another fee and now I'm waiting for my cert..
before you got accepted and you applied for the trademark, what was it that you wrote on there then?

did you write "intent to use" in your application for the trademark?
also, would it be better for the person that is applying to just provide a sample hang tag to show the use of the trademark you are filing?
 
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