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Discussion Starter · #1 ·
hi hello my name is sami and i live in florida

i am thinking about getting into the t-shirt business cuz i used to work in warehouse for clothes and accessories

i hated my boss making profits off so i want to do the same

i would like to start my own business but how do i patent the name of business? like make up name then end with enterprises or corps or etc

ex. tommy hilfiger or prada you get the idea

i have some contacts with t-shirts and accessories distributors

i have ideas i would like to sell t-shirts but i need a license

how do i do that? where do i apply for one? where do i apply for trademark or patent?

any feedback or help would be appreciated

thanks
 

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It's unlikely that you'll be able to afford to trademark your name globally (to do that in all Western countries will be in excess of $10,000). You can do so in just the US, but if you're going to be web-based, a company in Bangkok using your name is just a likely to be as much a threat for infringment (as yourcompany.net could still out-Google you regardless of their location).

A good option is to make sure you own the domain names for company name (such as .com, .net, and the main English language domains such as .ca, .co.uk, and .au). If you still want to trademark your name (to be honest, I don't think this is really much a concern until you at least know you're successful), I'd recommend putting the paper work through for the US, Canada, the UK, and Australia. Not only would that cover the main English market, but a UK registration would give you a degree of protection across the whole of the EU, and Australia across the Asian Economic Community.

Of course, to bring an actual case would be an enormous financial urden, but a C&D letter may do the job.
 

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Actually you can trademark your name name almost globally. Check for Madrid protocol on the uspto website. With the madrid protocol filing your trademark will be protected in over 100 countries. If you do not trademark your name, even it was your idea, and someone else does you are at a loss.
 

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Discussion Starter · #5 ·
aokusman said:
You cant patent your name, you have to trademark it. I just did mine. I can give you more info.
aokusman thanks for the reply

no course not i am not trying to trademark or patent my name i have an idea of name what i want it to be patented you see

what i want to know is how i am going to patent? where do i apply one?

please tell me more info.

thanks
 

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aokusman said:
Actually you can trademark your name name almost globally. Check for Madrid protocol on the uspto website. With the madrid protocol filing your trademark will be protected in over 100 countries. If you do not trademark your name, even it was your idea, and someone else does you are at a loss.
Filing under the Madrid Protocol isn't really an option for a small business. You are not automatically covered under the member countries: there is a fee per country. You're still talking thousands of dollars. I'm not sure it's worth the effort (at least until you're established).
 

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Discussion Starter · #7 ·
monkeylantern said:
Filing under the Madrid Protocol isn't really an option for a small business. You are not automatically covered under the member countries: there is a fee per country. You're still talking thousands of dollars. I'm not sure it's worth the effort (at least until you're established).
yeah you are right for now i would like to focused on a small thing and if i am lucky enough to be established and well known then who knows?

right now i am looking to get into the t-shirts and accessories business

from there how do i am going to do that is beyond me so that's why i am here to get help from you guys and point me to any direction that would help me to get into the business and apply for license

i will see to that tomorrow and see what happens i will continue research

thanks for your help

sami
 

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I'd recommend, at this beginning stage, just making sure you have the .com, .net, .ca, .co.uk, and .com.au websites (and other major markets if you plan to sell internationally, but they're the major western English speaking markets). You could get all 5 for $40 a year, and that really does cut out many of the problems if you're trading on-line.
 

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graffix said:
no course not i am not trying to trademark or patent my name i have an idea of name what i want it to be patented you see

what i want to know is how i am going to patent? where do i apply one?
From http://www.uspto.gov/web/offices/pac/doc/general/whatis.htm


What Is a Patent?

A patent for an invention is the grant of a property right to the inventor, issued by the Patent and Trademark Office. The term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. US patent grants are effective only within the US, US territories, and US possessions.

The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention.

What Is a Trademark or Servicemark?

A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms "trademark" and "mark" are commonly used to refer to both trademarks and servicemarks.

Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the Patent and Trademark Office. The registration procedure for trademarks and general information concerning trademarks is described in a separate pamphlet entitled "Basic Facts about Trademarks".

What Is a Copyright?

Copyright is a form of protection provided to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The 1976 Copyright Act generally gives the owner of copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly.

The copyright protects the form of expression rather than the subject matter of the writing. For example, a description of a machine could be copyrighted, but this would only prevent others from copying the description; it would not prevent others from writing a description of their own or from making and using the machine. Copyrights are registered by the Copyright Office of the Library of Congress.
 

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Graffix,
I would suggest you pay close attention to monkeylantern’s post. You really should understand stand the difference between the terms. Also given how little you know at the present time, once you decide on a name you really should consult an attorney. The trademark process in the US can be a very confusing thing. The filing fee for the actual mark is very affordable (around $300 US), but the process to determine if your name is actually able to be trademarked can be a little more expensive. You have to first determine if anyone in the country is using the name that you want in the classification that you desire. This would include checking the trademark registry for current and pending trademarks. Also checking state and local registries across the country, and if someone has a common law patent. Because even if you are able to trademark your name, but someone else came up with it first (and can prove it!) even though they did not acquire a trademark, you would not be allowed to market your product in their market. These are just some of the things that must be considered before you even apply for the trademark and there is just not enough space here to cover everything that it entails, which is why I said the best thing you can do is contact an attorney. Once you decide what name you are going to go with, you should be able to find an attorney that will do all the necessary searches and file the paperwork for you for around $1,000. It may be a little more or less depending upon your area of the country, and can take from a year or even longer before you are actually approved for the mark.
Good luck!
 

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monkeylantern said:
You could get all 5 [major domain extensions] for $40 a year
Where? That would be $8/domain which is a good price even for .com

.com.au domains are stupidly expensive (the excuse being that .au domains are a lot better regulated I guess) - I'd expect to pay $40 just for .com.au

(sorry for the curt tone; the usual no sleep looming deadline reasons, I'm just being economical with words)
 

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Solmu said:
Where? That would be $8/domain which is a good price even for .com

.com.au domains are stupidly expensive (the excuse being that .au domains are a lot better regulated I guess) - I'd expect to pay $40 just for .com.au

(sorry for the curt tone; the usual no sleep looming deadline reasons, I'm just being economical with words)
oneandone.co.uk (*not* the US version) charges (are at least all my plans are....and they haven't told me of any increases, and I paid renewal fees last month) are GBP5.99 per .com, GBP5.99 per .net, and GBP1.99 per country code. Which adds up to GBP 18, about 40 bucks per year.

All my current domains were registered 2 years ago, but i can't imagine prices have risen that drastically.
 

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I've just checked, and prices now seem to be GBP8.99 for .coms and .nets, still GBP1.99 for country codes. Which is therefore about $6 above my estimate.

They now only seem to be offering .us, co.uk and .eu (didn't even know that existed!) as a country code, and not .com.au....not sure why, as I registed a .com.au with them a few months ago.
 

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I didn't know .eu existed either. Near as I can tell it was approved earlier this year.

It's possible they were getting reamed on .au and stopped offering new registrations. Dreamhost were actually losing money on .md registrations for example (despite them costing something like $100/year - they were having too many fraud problems). Most hosts don't offer .au extensions - as far as I understand it there are a lot more requirements for having an .au domain than is usual for other TLDs (if you want .org.au you have to prove you're actually a valid organisation for example).

Sounds like you're probably getting a good deal.
 

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Trademark applications (US) are not that complicated. If you can read and understand the paper work you may not need an attorney. They have a data base on their website that you can do a preliminary search to see if the word or phrase you want to trademark is already in use. This search however is not comprehensive enough. When you do actually submit your application, trademark lawyers will do their own search and determine if there is a similar mark somewhere else. If there isnt one, then they will publish your mark for opposition. To get to this stage takes about 6 months from my own personal experience.
 

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aokusman,
You are correct. Their search is not comprehensive enough. That is why I told graffix to consult an attorney. Even if the lawyers at the trademark office publish the mark for opposition and get no response, if John Doe in Los Angeles was using the mark there, graffix would not be able to enter the Los Angeles market with his product. This is because of the common law trademark. The search is very involved. Websites, yellowpages, whitepages, domain names! Just about anything you can think of, has to be searched, all over the country. Also, because the search on the trademark website isn't what it should be, he may submit his application along with his $300, and the trademark lawyers could say his mark is too similar to one already in existence or applied for. If that is the case he would loose the $300. I would rather spend $1,000 for an attorney with knowledge in the area, than loose $300 and have to start all over again, with no guarantee that when I resubmit the new application with another $300 that my new mark would be approved. Remember it's not just a name that may be trademarked, it could also be a design along with it, which makes it much more complicated. There are design code searches, and certain lines that make up a design are given a specific number. All of that can get *very* complicated. If you're going to take the time and spend the money to trademark, the safest thing to do is to get an attorney.
 

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I agree with you. Its a chance that is taken. I do beleive that it is unlikely that someone else will have the same mark/name/word as you for the same category. For instance there may be crown resturants,crown paints,crown furniture etc and all are different trademarks that may be owned by different companies. On the other hand it would be difficult to use a name like Kodak for any type of business, even one not related to pictures and films because the name is unique, as is reebok. For me it all comes down to how unique what you have is. My other trademark I had in mind came up when I did a search. I still could have used it, but it would have to be in an unrelated category.
 

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When I create my design, I put my business name on the bottom in very small letters. This is how I brand my t- shirts and gifts. It's a very creative approach to patent your stuff.;)

if you have anymore questions please don't hesitate to contact me, I'd be glad to help!
Camie
 

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This is how I brand my t- shirts and gifts. It's a very creative approach to patent your stuff
Camie,
I would be careful in using the word "patent" like that. You are right that it is a good idea to put your logo or business name on your designs for branding but it is definitely not considered to be anything close to a "patent". I only point it out because other posts have been trying to point out distinct differences between patents and trademarks for the original poster. Using patent in this way will confuse the matter. Now you may not have meant it that way but the original poster may not get it.

Cheers
 
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