[samuelfilter]

Hello,
I am new to t-shirt design and am trying to come up with a brand name. I have a few name ideas that I am interested in but I am not sure how to know if they are taken or not. I have ruled some names out by googling them but others I haven't found any results for and want to know if they're taken.

 

[GetemDuck]

you could start here

TESS -- Error

 

[owleyes]

Hello,

I am new to t-shirt design and am trying to come up with a brand name. I have a few name ideas that I am interested in but I am not sure how to know if they are taken or not. I have ruled some names out by googling them but others I haven't found any results for and want to know if they're taken.

I would start by checking a domain registrar, such as Register.com, to see if the name is available.


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[samuelfilter]

Great. Thanks guys. I'll give it a shot.

 

[samuelfilter]

So i went to register.com and was able to look up domain names but not whether or not the name was available as a clothing brand. I'm concerned about the domain name but more concerned with being able to use one of the names I have chosen for the brand.

 

[owleyes]

So i went to register.com and was able to look up domain names but not whether or not the name was available as a clothing brand. I'm concerned about the domain name but more concerned with being able to use one of the names I have chosen for the brand.

If it’s not registered as a trademark and it’s not registered as a domain, and you can’t find it on a Google search, what are you concerned about?


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[samuelfilter]

I just don't know how to find out if it's registered as a TM.

 

[kimura-mma]

I just don't know how to find out if it's registered as a TM.

You can search all registered trademarks on the US Patent and Trademark Office website (www.uspto.gov)

 

[samuelfilter]

Thanks for the feedback. I think I'm in the clear with my name choice but now am wondering where I go to get the name trademarked.

 

[binki]

You can use a trademark attorney or a service like legal zoom. Just because you couldn't find it doesn't mean it is not out there. That is where an attorney comes in handy.

 

[kimura-mma]

You can learn about trademarking at the US Patent and Trademark Office website (www.uspto.gov). Once you do some research, you can decide if you want to do it yourself or use an attorney or legal service. Either way, your trademark will be done through the USPTO.

 

[kevincook]

Thanks for the feedback. I think I'm in the clear with my name choice but now am wondering where I go to get the name trademarked.

One suggestion to you my friend: register your trademark internationally also for a worldwide protection if your future goal is big.

Here are some names to conduct searches yourself:
- USPTO database search
- WIPO database search - WIPO is the world version of the USPTO)
- Free Trademark Search Tool - marcaria

 

[samuelfilter]

So I just sent my TM into the USPTO for review and it says it could be 6-8 months for it to go through. Is there anything I can do in the meantime to get my brand going? I would really like to get the ball rolling and it would be nice to get started right now. Any feedback would be greatly appreciated.

 

[kimura-mma]

So I just sent my TM into the USPTO for review and it says it could be 6-8 months for it to go through. Is there anything I can do in the meantime to get my brand going? I would really like to get the ball rolling and it would be nice to get started right now. Any feedback would be greatly appreciated.

The trademark waiting period shouldn't be preventing you from doing anything. You can make and sell shirts anytime you want.

 

[samuelfilter]

So during this time, what would prevent someone else from using my brand name?

 

[owleyes]

So during this time, what would prevent someone else from using my brand name?

If no one is already using it, the application process will determine your right to register it. Once completed, anyone else will have to stop.


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[kimura-mma]

So during this time, what would prevent someone else from using my brand name?

Registering a trademark won't prevent anyone from using it either. It just gives you the legal grounds to take action to protect your trademark. You won't even be able to complete the registration process until you provide a specimen showing you are actively using the mark in commerce. So you should really start selling and using the trademark as soon as possible. "First use in commerce" is actually the true determining factor in the ownership of the mark. So to answer your question, you being the first to use the mark in commerce is what will prevent others from using your brand name. If someone else starts using the mark before you (even if you submitted the application first), they will likely gain the legal rights to the mark. So don't worry about the trademark registration and get out there making and selling shirts.