# Trademark questions and answers



## nimo05 (Oct 16, 2007)

Im just starting out is it best if I trademark my clothing line's name?

Are the fees of around 200-300 normal?!

If im just starting out would u recommend I do this or wait?!

Thank YOu soo much

-Nima


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## charles95405 (Feb 1, 2007)

*Re: Trademark quesitions!?!*

lets say you have a super design and you trademarked it..then in 60 days some bad ole guy/company steals it...do you have the funds to pay an attorney to go after them?? remember attorneys are 200-300 an hour and up and don't do this work on contingency...so I guess I would sort of wait and guage my sales/acceptance before doing trademark


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## Solmu (Aug 15, 2005)

*Re: Trademark quesitions!?!*



nimo05 said:


> Im just starting out is it best if I trademark my clothing line's name?


Maybe, maybe not.



nimo05 said:


> Are the fees of around 200-300 normal?!


No, that's probably some kind of scam. The fees are more like $300-400 (or more, depending on what you're doing).



nimo05 said:


> If im just starting out would u recommend I do this or wait?!


Probably wait - it will also be easier to get if you can actually show that you have established a trademark (that is, used the mark in actual trade).


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## nimo05 (Oct 16, 2007)

*Re: Trademark quesitions!?!*

Do you suggest to copyright the name in the mean time?! Can you even copyright a name without a design?!


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## sunnydayz (Jun 22, 2007)

*Re: Trademark quesitions!?!*

I do believe that the design is what you would copywrite, the name would be trademarked. Can someone correct me if I am wrong?

Bobbie


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## Omnipotent (Oct 19, 2007)

*Re: Trademark quesitions!?!*

Just as a piece of information, all you have to do is ad the TM next to anything and technically it is trademarked (if no one else has done this prior to you). Registering you're trademark is another thing all together. I wouldn't worry about registering your trademark until you have the money coming in to justify it....as long as you have the TM next to the logo/design/name whatever, you are protected....to a certain extent. 

"Assuming that a trademark qualifies for protection, rights to a trademark can be acquired in one of two ways: (1) by being the first to use the mark in commerce; or (2) by being the first to register the mark with the U.S. Patent and Trademark Office ("PTO"). "

This link can explain in a whole lot more detail Overview of Trademark Law

JD


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## nimo05 (Oct 16, 2007)

*Re: Trademark quesitions!?!*

Sweet thank you for that info!!


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## the funk (Aug 8, 2007)

*Re: Trademark quesitions!?!*

Wow my attorney said something like $600 for a trademark, I dont know how the price differs from a trademark to a copyrite. 
Like somebody else said, do you have the money to chase after someone who stole your design? Thats why attorneys send out cease and decist letters before they take you to court (thats if you stole someones design). They dont want to pay for that, their lawyers cost more than yours or mine. She (my attorney) said if my company stole a logo, say capn crunch, Quaker Oats would have to pay something like a half million to get me into court.
I would say forget about the copyrite unless you start getting magazine publicity or are selling a lot of shirts of that design every week. A lot of business's go out because they had the wrong approach of how to spend their cash.
Just my thoughts.


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## sunnydayz (Jun 22, 2007)

*Re: Trademark quesitions!?!*



nimo05 said:


> Sweet thank you for that info!!


You have to realize though that putting the tm next to your design is only good as long as nobody else tries to trademark the design. Then you could probably win in court as long as you have the money to hire a lawyer, and then go to court to prove you used it first. I think you would spend less money just trademarking it to begin with. Although I am not a laywer as none of us here are, the only way to know for sure what is best for you is maybe talking to a lawyer and getting advice from them.

Bobbie


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## Solmu (Aug 15, 2005)

*Re: Trademark quesitions!?!*



nimo05 said:


> Do you suggest to copyright the name in the mean time?! Can you even copyright a name without a design?!


You can't copyright a name, with or without a design.


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## saltybeachdianne (Oct 17, 2007)

*Re: Trademark quesitions!?!*

Howdy,

Let me air some of my dirty laundry.
I did pay a lawyer to trademark my brand name...not my logo. 
Here is are my answers....
A1. He normally charges $925. I rcvd a $150 discount because I entered an invention contest. (Yes, I invent things also, so far have not won any contest) 

A2. In order for the Trademark app to be approved quicker (usually within 9 months) you must prove it has been used in interstate commerce. This means I sold 1 shirt, took a pix, shipped it via UPS so it has a tracking# to a customer outside of my state. (this is b-4 my website is up and running, and my sis in law was the lucky recipient, Did I also mention it was one of my iron on test shirts? not even the screenprinted ones.) 

A3. I WISH I would have saved the money for screenprinting. I WISH I would have saved the money for screenprinting. (or stickers, or woven labels)

A4. Go Ahead and put the tm by your name. Again, the trademark is for the name...not by beach goddess artwork which would have to be filed on its own.

A5. My options were to trademark my logo/artwork and company name together, or just the name, or just the artwork. Since I have more artwork, I chose to just tm my company name as it is my brand. This is my company and it signifies who I am and what my lifestyle and other girls is all about. 

A6. here is a quote from my lawyer about when/where to use the tm symbol..
When: Now
Where: In any conspicuous location adjacent to the mark and each time the mark is used (website, clothing, business cards, etc.). 

Hope this helps...

Dianne


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## jasonj03 (Aug 23, 2010)

Just a quick question about placing the tm by your name. This actually can offer you protection without actually going through the trademark process? It isn't some sort of fake use of a trademark that somebody could slip by?


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## kimura-mma (Jul 26, 2008)

jasonj03 said:


> Just a quick question about placing the tm by your name. This actually can offer you protection without actually going through the trademark process? It isn't some sort of fake use of a trademark that somebody could slip by?


Using a ™ symbol next to your brand name or logo will not offer you any actual legal protection. All it does is alert the public that you "claim" to own the mark. But this an unofficial claim that is not documented by anyone of legal authority.

Now, if you are currently using the mark in commerce (ie. selling shirts to consumers), then you are actually gaining common law trademark in the states you are selling the shirts. This is not the best protection, but it does offer you the opportunity to prove usage if your claim of ownership is ever contested or if you believe your mark is infringed upon.

The only true way to get legal protection and have legal recourse is to federally register your trademark. When you register, you get to use the ® symbol, which alerts the public your mark is official.

But to be honest, even registering your mark is not the perfect solution to protecting it. People may still steal your mark and use it. The best way to protect your mark is to aggressively take legal action against any and all infringement.


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## Dante2004 (Aug 23, 2010)

I believe any piece of "art" you create is automatically copyright protected the moment you create it. Of course proving that you created it FIRST, is another story.


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## nicnats1 (Aug 20, 2010)

forget about it. Trademarking will NOT protect your artwork. poeple can still take screen shots of your artwork and use it. 
Say some person takes it and makes shirts. 

1. you wont know if they took it if they sell shirts in person

2. like someone said here if you actually want to go with a lawsuit it is expensive.

3. not always reliable.

Oh and also if something is your own UNIQUE work then it is actually automatically trademarked for like 50 yrs (i forget the amount of years) and also for about 50 yrs after you die. Its already TM'd


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## kimura-mma (Jul 26, 2008)

Dante2004 said:


> I believe any piece of "art" you create is automatically copyright protected the moment you create it. Of course proving that you created it FIRST, is another story.


Yes, this is true of copyright eligible works of art. But this does not help for trademark eligible marks like brand names and logos.


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## nicnats1 (Aug 20, 2010)

kimura-mma said:


> Yes, this is true of copyright eligible works of art. But this does not help for trademark eligible marks like brand names and logos.


there isnt rlly a reliable way to TM. plus its not even worth it, you would have to hire a lawyer to sue if someone steals it. you cant protect your work. there r ppl online who will find a way. (sadly)


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## kimura-mma (Jul 26, 2008)

nicnats1 said:


> Oh and also if something is your own UNIQUE work then it is actually automatically trademarked for like 50 yrs (i forget the amount of years) and also for about 50 yrs after you die. Its already TM'd


No, this is not true of trademarks. I believe you are referring to copyright. Works of art that are eligible for copyright are technically copyrighted once they are in fixed form. Terms of copyright depends on a few factors, but as a general rule, they last the lifetime of the copyright owner plus 70 years.


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## nicnats1 (Aug 20, 2010)

kimura-mma said:


> No, this is not true of trademarks. I believe you are referring to copyright. Works of art that are eligible for copyright are technically copyrighted once they are in fixed form. Terms of copyright depends on a few factors, but as a general rule, they last the lifetime of the copyright owner plus 70 years.


oh. yes you are right.


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## kimura-mma (Jul 26, 2008)

nicnats1 said:


> there isnt rlly a reliable way to TM.


Registering your mark with the USPTO is definitely a reliable way to trademark.

But I think your point is really that there isn't a reliable way to prevent infringement. And I do agree with you on that. Unfortunately, people steal IP all the time. The only way to truly protect your work is through active and aggressive legal action.


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## nicnats1 (Aug 20, 2010)

kimura-mma said:


> Registering your mark with the USPTO is definitely a reliable way to trademark.
> 
> But I think your point is really that there isn't a reliable way to prevent infringement. And I do agree with you on that. Unfortunately, people steal IP all the time. The only way to truly protect your work is through active and aggressive legal action.


That is true. but sadly a legal action costs quite a bit of money.


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## nicnats1 (Aug 20, 2010)

nicnats1 said:


> That is true. but sadly a legal action costs quite a bit of money.


Do you know how much you can actually be compensated?


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## kimura-mma (Jul 26, 2008)

nicnats1 said:


> That is true. but sadly a legal action costs quite a bit of money.


In many cases, all it takes is a C&D letter to get the infringer to stop. And that's not too expensive to have an attorney write one up.

But to take an infringer to court and try to collect damages, yep, that can cost a few bucks. Of course, it's all relative. If a company is wronged so greatly by an act of infringement that they stand to collect big money in damages, then the legal fees would be worth it.



nicnats1 said:


> Do you know how much you can actually be compensated?


Depends on the specific details of the situation. Could be thousands, could be millions. But to collect damages, you need to prove that the act of infringement was intentional, cost you money, made you lose customers, defamed your reputation, etc.


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## nicnats1 (Aug 20, 2010)

kimura-mma said:


> In many cases, all it takes is a C&D letter to get the infringer to stop. And that's not too expensive to have an attorney write one up.
> 
> But to take an infringer to court and try to collect damages, yep, that can cost a few bucks. Of course, it's all relative. If a company is wronged so greatly by an act of infringement that they stand to collect big money in damages, then the legal fees would be worth it.
> 
> ...



OH so it actually may be worth it. plus there is a different way. thanks for the information


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