How do I copyright a fashion label?

Question

I want to start my own fashion line, but I need to know how to copyright a label so no one will steal it.

I can't afford college, and if a trademark is what I'm looking for, how do I obtain one?

Answer 1

It sounds like you're actually looking for a trademark. Here's the difference between the two:

Copyrights can be obtained for things of an artistic nature. This includes, of course, poetry, films, sculptures, music, fiction, etc. But can also include things that may not necessarily seem "artistic" in the general sense of the word. Copyrights can also be obtained for advertising copy, games, software programs and blueprints, to name just a few.

Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry.

Of course, it's necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party.

To register a trademark, it would either be through your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark.

If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 2

Techically you need a Trademark and that's expensive, about $500 every 10 years.

You can copyright a logo if it's a unique piece of artwork.

Technically, for example, the Cingular logo could be copyrighted, but the Fruit of the Loom logo can't because it's based on a public domain drawing done years ago in the 19th century or before

However under the law when you copyright something, that something must be what you sell. In otherwords the picture of the little Cingular X guy.

To do a trademark you are technically supposed to research it in good faith to prevent from using a trademark already in the books. This means you have to go through about 11 years of trademark registration books (found at all big city public libraries and major University Law school libraries) and these books are big. As big as telephone books.

You're also supposed to technically use a lawyer (they research it for you) but you can do it yourself.

Go to the Patents and Trademarks in washington and get a form. You are suppose to submit an India Ink drawing 8 x 11 on white paper of the exact logo then fill out the application and pay the fee. The fee is NON REFUNDABLE so if they don't approve it (which means they know of a logo like this) then you loose your fee.

You also only have a period of time, like 1 year, to make corrections to your application before it gets rejected. If you fail to fill in something or make a prper submission then they write you back and you have to correct it, maybe pay another fee like $50 for some secondary filiing.

ONCE they approve it you can put the Circle R next to the logo (not before, before you can only put the letters TM for trademark, which is unofficial and holds no weight).

Logos then become commerce. It's good will. Your logo becomes worth something financially if your company does well.

You have to renew the trademark every 10 years by simply making a new filing.

Any changes you make to the trademark has to be registered as a new mark.

A copyright only endures 95 years or your lifetime plus 95 years, after that it becomes public property, while a trade mark endures for as long as the owner keeps renewing, hence it can endure for 500 years or more.

You may also have to file with other countires for protect there if your goods are sold there. That's on a case by case basis and country by country basis.

You also have to file a statement of use.

This is where a lawyer can come in handy as they know exactly what you need to file in a given case, but there are books you can buy at Barnes and Noble for like $19.95 that can walk you through the entire produced, as a Patent attorney will cost a minimum of $300 over the fees, which are like $500+ So you'd be looking close to $1,000 minimum with an attorney for the first filing.

There are other alternatives. If you are unsure if your item will sell outside of your immediate area you can apply for a State level trademark which is cheaper. Maybe $50 or $70 and it coveres you within the state you live (only) but you can't put the Circle R on the item ONLY the TM letters! But this will give you protection within your state and allow you to preventa national company for using it in the state if you registered first.

Contact your local Secretary of State to see if they offer State trademakrs and the price.

http://www.uspto.gov/main/trademarks.htm

Answer 3

http://www.copyright.gov/forms/
This is the place where you file US copyrights. This office has become user friendly and if you follow the rules its actuall quite easy.

Additionally or instead of, but not recoomended on its own, you can mail yourself via US registered mail a sealed envelope with the label in it and do not open it. That way people can see the date and you can prove you were the first to use your label if ever you choose to.

HOWEVER if it is a trademark or a service mark that you want to register then go to http://www.uspto.gov - and see their instructions. The TEAS system is very easy to follw and do yourself, but there is some basic stuff you may have to find out by calling one of the assistants at the USPTO.

Best is to get an attorney to do it for you, but they are wayyyyyyyyyyyyyyy expensive. Go online and see if a document assistance service or paralegal service can do it for you cheaper than lawyer. Check out legal services on www.craigslist.org

ALSO see www.privatecourts.com

Good luck, M

Answer 4

The quickest and simplest way to copyright something is to include the copyright symbol (C) and/or the statement "Copyright 2006 by (your/company name), all rights reserved" on the item.
If this label is to be used industry-wide it might be in your best inerests to Trade Mark and register it.
Of course if someone wants to steal your design they are going to do it anyway, and in many cases you'll never know it unless it appears in a prominent media (clothing line, magazine, TV, etc.)

Answer 5

HI, I would like to know how do you find out whether you can use a certain name on a fashion label. I would like to start my own clothing line and I am not sure if I can use the name I want? I hope I am not wasting your time by asking you this and if I am then I sincerely apologize because I have been tryting so hard to get this information. if you need answer open this link

Answer 6

Take your label name and designs and put them in a letter to yourself and don't open it , keep it sealed. Go to courthouse and file a copy right form and pay an inexpensive fee and voila you have a copy right. When you show your designs to company's then have your papers with you for proof and they will see they are originals and see how clever and talented you are. Hope this helps. Good luck and God bless.

Answer 7

the idea is u need to check on your country copyright and trademark law and get it registered.. you can go and get it done at any local trademark office..

Answer 8

You want to protect your Trademark.

Copyrights are for published works like books, movies, recordings.

Sounds like you need to take some basic business classes at your local community college.

Answer 9

You have to register it at the Library of Congress and fill out a form and I know they ask you for a design of your label.

Good luck..

Answer 10

To protect yourself and your plans, try A&R Comer/Copyrighting/Protection at
www.thabars.com