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I found some similar t shirt designs

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Old December 25th, 2014 Dec 25, 2014 8:51:31 PM -   #1 (permalink)
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Default I found some similar t shirt designs

Hi All,

I have a few new original designs that involve the outline of a certain US state and a word that is similar to the name of the same state. After looking into trademark and copyright issues, I decided to search the market to see it there was already anything similar out there. I did find a few similar designs that use a state outline and the same word but the designs are not the same, just similar. I plan on trademarking my brand and copyrighting my designs but I would like to start selling in the meantime knowing how long it can take for a trademark to go through. Any advice on this predicament would be greatly appreciated.
 
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Old December 26th, 2014 Dec 26, 2014 5:07:13 AM -   #2 (permalink)
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Default Re: I found some similar t shirt designs

What predicament are you in?

If your design is different than the existing designs, there are no copyright issues. Unless you found an existing trademark that is similar to the brand name you want to use, there is nothing stopping you from getting started.

Your biggest focus right now should be marketing strategy. Since there are similar designs in the market, how are you going to stand out and win over the market share?
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Old December 26th, 2014 Dec 26, 2014 3:51:23 PM -   #3 (permalink)
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Default Re: I found some similar t shirt designs

Quote:
Originally Posted by blainedawson
Hi All,

I have a few new original designs that involve the outline of a certain US state and a word that is similar to the name of the same state. After looking into trademark and copyright issues, I decided to search the market to see it there was already anything similar out there. I did find a few similar designs that use a state outline and the same word but the designs are not the same, just similar. I plan on trademarking my brand and copyrighting my designs but I would like to start selling in the meantime knowing how long it can take for a trademark to go through. Any advice on this predicament would be greatly appreciated.
The trademark process generally takes from 3 to 6 months. It is easier to get the trademark if you sell something with the logo first. That will be required to finalize the trademark anyway.

You can apply for the trademark prior to selling, but it is an extra step. I have done trademarks both ways and it is easier to sell first.

When you start selling you can use the "TM" designation. DO NOT used the registered trademark symbol until your trademark is approved and assigned a number. If you use "TM" you will have most of the same protections that you do when you register a trademark anyway so just use it and then change it to the registered trademark once the trademark is approved.

I am telling you this from personal experience.

Disclaimer: I am not an attorney (but I did stay in a Holiday Inn Express last night )
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