T-Shirt Forums banner
1 - 16 of 16 Posts

· Registered
Joined
·
338 Posts
Discussion Starter · #1 ·
i have been in business since last september i recently went full time with it in january. my question is this, how do i go about trademarking my brand? i have my occupational license here in fla, and also my tax id number. i want my brand trademarked but not sure how to go about it, also should i file a fictitious name for my brand? should i do any copyrighting for anything? thanks in advance
 

· Registered
Joined
·
6,595 Posts
Re: trademark

how do i go about trademarking my brand?
You can file a trademark registration form on the USPTO website. If you're not comfortable registering yourself, you can contact a local intellectual property attorney or use an online legal service like LegalZoom.

also should i file a fictitious name for my brand?
If you already have a registered business, I don't believe it's necessary.

should i do any copyrighting for anything?
You can copyright your individual t-shirt designs if you want. But it's not required. Works of art are technically copyrighted once they are in fixed form. So once they are published on your website, you can claim and/or prove ownership. Registering your copyright adds to your proof of ownership by 'time and date stamping' the design. But that will probably only be useful if you need to go to court.
 

· Registered
Joined
·
16 Posts
If you're looking to trademark a unique brand/logo, you really don't have to file for a registered trademark. Just make certain to "publish" your brand/logo somewhere and then simply add a "TM" on all products. However, a registered mark will allow you to enforce ownership more easily if a situation arises.

Word marks are more difficult to register and rejected often as opposed to a unique graphic.
 

· Registered
Joined
·
6,595 Posts
Word marks are more difficult to register and rejected often as opposed to a unique graphic.
I don't believe this is true. Marks that are submitted as "standard character marks" are just as likely to be registered as a "stylized design," provided the mark fits within all the eligible parameters.

What does tend to be difficult is registering a common word or phrase for use on clothing unless the mark is specifically used as the brand name or part of the brand's marketing.
 

· Registered
Joined
·
16 Posts
I don't believe this is true. Marks that are submitted as "standard character marks" are just as likely to be registered as a "stylized design," provided the mark fits within all the eligible parameters.

What does tend to be difficult is registering a common word or phrase for use on clothing unless the mark is specifically used as the brand name or part of the brand's marketing.
GREAT JOB of contradicting yourself and validating my opinion! Ding Ding Ding...come on down! You're the next contestant!
 

· Registered
Joined
·
18 Posts

· Registered
Joined
·
6,595 Posts
I have nothing against LegalZoom. I have used them several times in the past.

But here's the thing... the exact info you supply to LegalZoom is the exact info they use to fill out the trademark application. So if you are capable of giving the info to LegalZoom, you are probably capable of filling out the trademark application yourself and saving a few hundred bucks.
 
1 - 16 of 16 Posts
This is an older thread, you may not receive a response, and could be reviving an old thread. Please consider creating a new thread.
Top