# Trademarks & LLC questions



## studlete (Jan 6, 2009)

Hey everyone!

I have designs done, I have clothing picked, I have a site under construction, I have a name and a logo, We have everything and we are ready to luanch....

but do we need an LLC? Also, and the confusing one to me, the trademark. We have a very good name and want to trade mark it (2 words) and a logo (black and white). 

I am confused on what application to start filling out...is it the *Trademark/Servicemark Application, Principal Register* ? Is this the correct one to use for a clothing company?

Thanks everyone!

Jon


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## Uncle John (Mar 11, 2007)

Jon, look on the left hand side of this page under Resources. It should help, and Wecome to the Forum.
John


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## Girlzndollz (Oct 3, 2007)

studlete said:


> Hey everyone!
> 
> I have designs done, I have clothing picked, I have a site under construction, I have a name and a logo, We have everything and we are ready to luanch....


Congratulations! That sounds great.



> but do we need an LLC?


You are saying "we". Your situation depends on *who* is involved in your venture, in what capacity.

For the best advice for the *you* part of your *we*, *you* should call a lawyer. Unless the other member of your *we* is your spouse (and even then I am not certain), but if your other person is anyone other than your spouse, you will want to protect "yourself" in any joint business venture.

Seek a local legal representative. A few bucks now to find out what is the best set up/arrangement for *you* is worth a mess of personal and financial headaches later if one of the parties wants to leave the *we* situation.

No joke. That is the very best advice I can give you.



> Also, and the confusing one to me, the trademark. We have a very good name and want to trade mark it (2 words) and a logo (black and white).
> 
> I am confused on what application to start filling out...is it the *Trademark/Servicemark Application, Principal Register* ? Is this the correct one to use for a clothing company?


I have not done an application for a service mark. If I was to do one, I would follow the instructions on the trademark.gov site, or seek a local trademark lawyer for advice. 

I would not hire someone to do my trademark, unless it was absolutely impossible for me to figure out on my own, because that just adds time and expense to the process.

Another excellent, and I mean top notch excellent Free resource for you to find/use is your local Small Business Developement Center. Every state has them. Here is a link to find yours:

Small Business Administration - sbdc_locator_map

The SBDC is able to help you with each of the things on your list, and can assist you once you are established, with growth and future success.

My SBDC is excellent, and guided me thru everything. 

Best wishes to you.


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## studlete (Jan 6, 2009)

Thanks for the information. I will use your advice! 

Thanks,

Jon


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## XxCHOPPZxX (Jan 21, 2009)

studlete said:


> Hey everyone!
> 
> I have designs done, I have clothing picked, I have a site under construction, I have a name and a logo, We have everything and we are ready to luanch....
> 
> ...


Hi Jon,

I am going through the same thing right now with the Trademark stuff. It is very confusing and I really don't want to pay a lawyer the money to do this for me but I think that is what is going to happen any way.  

Also reading a lot of your other Threads that you have started I am also starting up my own online clothing company and going through the exact same things you are. This is a very long process and hoping that it works out in the end. 

Best of Luck,
Aaron


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## tigertiger (Nov 11, 2008)

studlete said:


> Hey everyone!
> 
> I have designs done, I have clothing picked, I have a site under construction, I have a name and a logo, We have everything and we are ready to luanch....
> 
> ...



LEGAL ZOOM.COM is what I used it... It was SUPER FAST and VERY VERY EASY...they walk you through every step of an LLC and you save tons of money. goood luck


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## Girlzndollz (Oct 3, 2007)

I haven't used Legalzoom, but was in a few threads with folks where it did not work out too well for them. Just to add some more info on Legalzoom for balance, here is one of those threads:

http://www.t-shirtforums.com/business-finance/t42529.html


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## Comin'OutSwingin (Oct 28, 2005)

Thanks for posting the link to that thread, Kelly.

People really need to be aware that Legal Zoom is just another tool to get work done, and it's not always the best tool.

What I have found after doing business for a long time (not just t-shirt related) is that despite their bad rep, there are lots of helpful people in government. That's at the state and federal level.

If you have questions about how to fill out a form, just ask. I've never had a problem getting help with filling out anything.

Lots of the things that legal zoom helps with you can absolutely do yourself. You still have to answer questions from legal zoom and fill out their forms. Their the exact same forms that you would fill out if you went directly to the government agencies yourself. 

Legal zoom doesn't offer advice/guidance. They just file the paperwork that you already submitted to them.

If you're trying to file for a trademark/copyright, they will do searches for you for additional fees, but they still can't advize you about anything.

My advice to anyone starting a business is that if you're adept enough to run a business you need to be about the business of learning how to *start* your business. A little bit of time and research and you can confidently set everything up yourself. You can possibly save lots of money and in the long run time, because you didn't just pass it off to someone that doesn't care if you made the right choices.


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