[Duran]

Ok.. finally I am starting my clothingline, its been years - I got sidetracked with my mother's illness, trying to make legit money in contruction,etc..

well it's time to run it up the flag pole.

I wanted to ask all you seasoned guys a few questions, I have read a bunch of topics, and most think that don't even bother trademarking, because in a year you probably won't be in it still and or your not making money yet, no one is going to take your stuff.

BUT...

I am doing a skateboard line and in the past just from a drawing of my logo, a couple guys who run sites that are clothing sites with major companies and allot I never heard of post on there, they sell their hats, shirts, skateboard decks on there.

- To protect myself, do you think I need to if I am going the major skateboardking site route, do I need to trademark?

I was hoping this was enough (but you guys/gals tell me) :

1) Buying the ".com" of the company name.

2) Getting the facebook, twitter, myspace of tha same company name.

3) Getting a Tax ID Number: under that same exact game.

4) Doing a "Poor Man's Copyright" of the name & logo and sending it back to me.

*** Would you Guys/Gals think doing all of these things, it would cover me enough, until I make money at this skateboard line? If I had to go to court, just say.. I have allot of owning of the name and logo all over the internet as well as getting the Tax ID: with the Company Name as it?

Am I wrong? Should I still worry, because I am of course going to be selling out of my trunk and hoping to get into local stores.. But I really going to try to get on these known skateboard sites. So it will put me ahead of the start-up growing phase. (kinda)

Am I protected enough to start?

Opinions?

 

[kimura-mma]

First off, what is it that you are trying to protect yourself from?

In my opinion, you should do yourself a favor and focus your time and energy into production, marketing and sales. Worrying about protecting yourself is not making you any money or building your brand. Realistically, you may not even be able to afford the legal fees to pursue action against infringement anyway.

That said, establishing your intellectual property is important. But do it when you are ready to do it. Technically, you gain some common law rights as you use your brand in commerce. So it's ok to wait a bit before federally registering. But if you can easily afford to do it now, then you should.

To officially protect your brand, you should trademark your brand name and/or logo. This is sufficient proof of ownership. The .com name and Facebook, Twitter and MySpace accounts are all good for marketing purposes but are not needed to prove ownership of your brand name. The tax id number is good for business purposes, but again, is not needed to prove ownership in court. Poor Man's Copyright does not hold any legal relevance, so don't even bother.