How would you register your clothing line name

2781 Views 12 Replies 4 Participants Last post by kimura-mma, Mar 30, 2012

Contreras7al7

Discussion Starter · Mar 29, 2012

So yea the name I was going to use for my line is already in use, good thing I didn't print the logos & designs yet, well now I got a new name, hopefully its not taken, I checked the tess & it wasn't registered, but it also says not guaranteed, they need to run a more in depth search, my question is how & what is the best place to register my clothing line name & how much would out cost,

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kimura-mma

· #2 · Mar 29, 2012

To register a trademark, you need to submit an application with the US Trademark Office (United States Patent and Trademark Office).

If you file the application yourself, it costs $325.

Or you can use an online legal service, such as LegalZoom. Or you can find a local trademark attorney. These options would be more expensive but you are getting additional services.

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Umbrella

· #3 · Mar 29, 2012

The main thing is to begin using it in commerce. Regardless of who has a trademark on a name, the most powerful thing in court will be the person who has an established trade underneath that name.

So start selling!

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Contreras7al7

Discussion Starter · #4 · Mar 29, 2012

Ok so I guess I'll use the name, what about if I get a domain name, will that help meanwhile I process the paper work, can someone take the name if its a domain name?

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kimura-mma

· #5 · Mar 29, 2012

Umbrella said:
Regardless of who has a trademark on a name, the most powerful thing in court will be the person who has an established trade underneath that name.

Not if the name is already registered.

But if you are referring to the OP's new name, then yes, selling is very important to prove usage as part of the trademark process.

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kimura-mma

· #6 · Mar 29, 2012

Contreras7al7 said:
Ok so I guess I'll use the name, what about if I get a domain name, will that help meanwhile I process the paper work, can someone take the name if its a domain name?

Registering a domain name and registering a trademark are separate processes. They don't have anything to do with each other.

There are some laws for specific instances though. If you register a domain name, then someone registers a trademark for the same name, it would be illegal for them to extort money from you to acquire the name. But it's probably a long shot for this to happen.

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Contreras7al7

Discussion Starter · #7 · Mar 29, 2012

Thanks, so say I register the domain name, that wouldnt that help in any way of protecting that name from being used on shirts meanwhile I'm doing the paperwork, so I should just trade mark it first?

So if I have the domain name I can use it on products,& basically they can't extort money from me to use that name,

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kimura-mma

· #8 · Mar 29, 2012

Contreras7al7 said:
Thanks, so say I register the domain name, that wouldnt that help in any way of protecting that name from being used on shirts meanwhile I'm doing the paperwork, so I should just trade mark it first?

Registering the domain name will not help protect the name from being used on shirts. Only a trademark will do that.

You can apply for a trademark right away. But before the mark is officially registered, you need to prove that you are using it in commerce. So it's probably a good idea to use the mark first, then apply for a trademark.

Contreras7al7 said:
So if I have the domain name I can use it on products,& basically they can't extort money from me to use that name,

If you have the domain name, someone cannot extort money by selling you the trademark that is the same as the domain name. This has nothing to do with using it on products.

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Contreras7al7

Discussion Starter · #9 · Mar 29, 2012

Ok well it looks ok to use the new name, so I'm gonna start using it if it will help my case, I was researching how to register a ™ and its ridiculous, charging 300 just to search, & they don't say that you will get your money back if its in use or get another search till you find a name thats not registered...

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Umbrella

· #10 · Mar 29, 2012

Too much Paperwork & not enough Sales makes Jack a Dull Boy.

I would just do a simple search in the area, make sure there's no local competition.

Do an internet search and see if there's anyone in your field around the country. If they sell car tires and you sell t-shirts, there's no conflict of interest and you can generally co-exist.

Honestly, if there are no clear competitors with your name with a solid day of internet research then you should just get going!! The sooner you establish yourself and your company, the more momentum you get.

God forbid you ever have to settle a legal dispute, but if you get some cash in the reserves you will have more money to fight it!

Apple Computers came against Apple Publishing (Beatles publishing company) when they got into the music biz. Handed them a few mill (well, maybe a little more than that), but point is they took down the worldwide rights from a 60 year old infamous music group.

Sales, money. That's all that matters at the end of the day. Just don't go up against someone who's bigger than you!

Common Sense is my Two Cents. Not Paperwork Paranoia.

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Contreras7al7

Discussion Starter · #11 · Mar 29, 2012

I agree, this is stressing me out I just want to print but I dont want to get sued, everything looks to br fine so ima just print & sell

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Ezra4ever

· #12 · Mar 30, 2012

So if another company registered their name for selling clothes, for example their company was called: Sellout

and I also thought of using the same exact name, but I checked and the name is already in taken and registered. I cannot register the exact same name if both of our companies are selling clothes, correct???

Would I have to change the name if I still wanted the brand name???

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kimura-mma

· #13 · Mar 30, 2012

Ezra4ever said:
I cannot register the exact same name if both of our companies are selling clothes, correct???

Correct.

Ezra4ever said:
Would I have to change the name if I still wanted the brand name???

If you change the name, it wouldn't be the same anymore. Basically, you need to come up with a name that does not conflict with the existing registered trademark.

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