I'm in the process of starting a clothing line. I have a name and logo that has gotten very enthusiastic reviews from the trusted people that I have shared it with, which is where my problem lies. I don't have the money yet to register a trademark, and my question is: how necessary is it to do this now? I know about the extra protection and convenience that having a registered mark provides you, but I still want to know if I could bring the line out before getting a registration, in hopes of making the money I need, then filing for it when I'm more able to do so.
2006-08-30 04:35:22 · 3 answers · asked by Six 2 in Business & Finance ➔ Small Business
It's definitely not mandatory to have a trademark but having a trademark does grant you some exclusive rights. Read about those here: http://www.uspto.gov/web/offices/tac/tmfaq.htm#Basic002
Actually, the USPTO won't grant you a Federal trademark until you are doing business across state lines (i.e. in at least 2 states). You can file as an intent to use but will eventually need to notify them that you are in business in order to receive a registration number & date.
At the very least, comprehensive research should be conducted to ensure that the name is legally available before usage. There's no point in investing time, money & effort into a name that's already owned by another party.
I listed some links where you can do some preliminary name checking. However, please be aware that this is merely scratching the surface of what's out there.
Only comprehensive research will tell you if the name is truly available. But, these links are free & a great place to start, so I'd try them out first.
Comprehensive research consists of looking at marks that are similar in Sound, Appearance or Meaning in the pending & registered Federal AND State trademark files as well as the US National Common-Law files.
There are other sites that offer free searching capabilities in conjunction with their commercial services, so I'm not able to post those links due to the Yahoo! TOS. You'll also want to check domain names & yellow pages, so simply do a search for "free domain name search" and "national yellowpages" and the appropriate links will pop up.
Hope that helps! I wish you much success & happiness in all your ventures!
2006-08-30 06:28:56 · answer #1 · answered by TM Express™ 7 · 0⤊ 0⤋
its just like the music biz you make a song or in your case clothes and someone can always steal your idea even if it is copyrighted or trademarked but you have the right to sue and the proof of trademark wins the case in the event u do have to sue. i would put it out and if it takes off then do the trademark and if it doesnt take off the you are not outta the money for it.
2006-08-30 11:48:56 · answer #2 · answered by landk916 3 · 0⤊ 0⤋
Unlike a patent, actually using your mark strengthens your standing. Fire away, but register it ASAP.
2006-08-30 11:46:15 · answer #3 · answered by Oh Boy! 5 · 0⤊ 0⤋