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What do I need to know about trademarks?

1204 Views 9 Replies 5 Participants Last post by  jrtees1
Ok, I'm a teenager who is new to this sight and just thought it would be neat to make some shirts and maybe sell them. What do I need to know?

First off, I wanted to make some shirts that had a little saying and a pic. I don't know whether the saying is copyright or trademarked or what, or how I would find out. I looked it up on here:
Trademark Search - TESS

and got one result. I looked up another saying and there were lots of results and lot's of them said they were live. So can one or more person have the same saying trademarked?
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No, if the trademark is registered, you can't copy it. However, you need to make sure they're trademarked, and not only cause they say they are.

So far you're starting in the right place on this forum. Do you want to Screen Print or use a transfer. You can buy cheap or low cost transfer from Michaels or AC Moore, then print them with your Ink Jet, and apply them with an iron to get started. You can also use stencils and spray paint them.

If you want to do it right, get a one or two color screen printing press, a screen or two, and either buy a conveyor oven, a heat press, use a 500 watt shop lite, or your oven to cure the ink. I suggest the conveyor oven but they're about $1500 to start.

My first screen printing equipment was a Speedball Kit I bought at Michaels. I also bought a stencil kit at Barnes and Noble. I then advanced to LogosSp.com and another guy online I think, www.KnightMFG.com you can google him, he sells single press machines, and then you buy the screens, emulsion and ink from a local screen printing supply store. I use PerformanceScreen.com they can also ship products to you.

Youtube has some great video tutorials, and also youtees.net has a low cost kit, with video instructions. Hope this helps. Once you get started, you can buy blank t-shirts wholesale from, SanMar.com, BrodekandRhodes or any other site.Hope this works for you.
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Thanks, that is a lot of great information. I appreciate it.

My friend made a few shirts just silk screening. She basically paints the picture on by hand but I guess that would be a lot of work if I wanted to produce and sell.... transfers would be more sensible, I could make every shirt identical and rather easily. I've had transfers that didn't stick well and/or faded quickly. Does putting them in the oven make them last longer?
Ok, I'm a teenager who is new to this sight and just thought it would be neat to make some shirts and maybe sell them. What do I need to know?
You've certainly come to the right place to learn. There are many aspects of the t-shirt industry to learn about. Just start reading through some previous topics. Then if something comes up of specific interest that you want to learn more about, ask questions in a new thread.

First off, I wanted to make some shirts that had a little saying and a pic. I don't know whether the saying is copyright or trademarked or what, or how I would find out. I looked it up on here:
Trademark Search - TESS
Sayings are typically eligible for trademark, not copyright. So that link is the correct place to look them up.

Here are a few things to consider:
1. Sayings are actually somewhat difficult to trademark for use on clothing. The saying usually needs to be a legitimate part of the branding or marketing of the clothing company. So you may find many sayings to be available. But ones that are trademarked, you should definitely stay away from.

2. Trademarks are registered based on a certain classification. So it is possible that a mark is registered for some other use and it can be used on t-shirts without being infringement. You should use proper discretion here though.

and got one result. I looked up another saying and there were lots of results and lot's of them said they were live. So can one or more person have the same saying trademarked?
Don't just check that it's live, check the classification. It is possible to use a mark within another classification. However, you may not be able to trademark it as sayings can be tricky to register for clothing.
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Don't just check that it's live, check the classification. It is possible to use a mark within another classification. However, you may not be able to trademark it as sayings can be tricky to register for clothing.
it was another T-shirt company and I think the saying i wanted to use was the actual brand so I'm going to stay away from it. I had another similar-ish idea that isn't trademarked. Thank you for all the information.
a trademark is basically a "mark" of the "trade". Or service mark. One word of advice, if it deals with the law, consult a lawyer. I know you want an easy answer and for someone to tell you it's okay but it's not an easy subject. Also I'm hoping your being taught this in school but, Always get your information from more then one source.

best:)
a trademark is basically a "mark" of the "trade". Or service mark. One word of advice, if it deals with the law, consult a lawyer. I know you want an easy answer and for someone to tell you it's okay but it's not an easy subject. Also I'm hoping your being taught this in school but, Always get your information from more then one source.

best:)
I probably will consult a lawyer. Thank you. I have also been researching the subject on my own.
If I buy some stock transfers from the vendors listed on the left that have sayings on them does that mean they "own" that saying. Sorry if this sounds stupid but somehow I am just not getting it. I figured I couldn't use brand names, others logos, etc. but like a one word saying cannot be used if it was used by someone else??
If I buy some stock transfers from the vendors listed on the left that have sayings on them does that mean they "own" that saying.
No, just because the sell something, doesn't mean they "own" it. A saying is only "owned" if it is registered as a trademark for use on clothing with the US Trademark Office.

I figured I couldn't use brand names, others logos, etc. but like a one word saying cannot be used if it was used by someone else??
If the one word saying is trademarked, you cannot use it. If it is just being used but not trademarked, then you could possibly use it. If you use it the exact same way as the existing one, you could have issues. If you do it differently, that should be ok. But use proper discretion.
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