# trademark registration



## drivernumberone (Oct 23, 2008)

hey, I have been trying to get a small clothing line off the ground for the past couple years and have just recently started selling shirts on a small time level. Basically using word of mouth to get the name out and having friends sell t-shirts at their schools and such, not to mention doing print work for friends and family. 

Anyway, my main question is, when is the right time to consider registering a trademark? I want to be able to sell my clothes online and not worry about the name being stolen, but at the same time i don't want to jump the gun and register a trademark for no reason. 


if anyone has any suggestions that would be great.

Thanks!


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## drivernumberone (Oct 23, 2008)

no suggestions at all??


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## InsaneIndeed (Nov 7, 2008)

i would do it from the get go

better be safe then sorry


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## LaTonya (Sep 1, 2008)

I would go a head and trademark the logo, because someone will still try and you would be protected any way, if someone did.
LaTonya


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## drivernumberone (Oct 23, 2008)

thanks everyone. I'm getting one ASAP.


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## styles1 (Aug 22, 2007)

I recently received my trademark certificate in September 2008 by using resources from the United States Patent and Trademark Office (USPTO). I used the "Basic Facts About Trademarks" booklet to guide me through the process. You can pick this booklet up at your local library. Also, there's an online version available Basic Facts, Trademarks.


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## drivernumberone (Oct 23, 2008)

when filing the trademark registration, is it required that you give a photo example of all the goods and services selected - even if they all are in the same class? I.E. Hooded sweat shirts, and shirts. Do i have to have a picture of a hoodie and a shirt with my logo?

thanks for the help!


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## drivernumberone (Oct 23, 2008)

anyone? I'm trying to get this done ASAP and i want to make sure i don't light $325 on fire...basically...


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## Rico Menor (Mar 22, 2007)

i just showed the logo on a tshirt and on a label. you dont have to put it on all the items in the class.


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## drivernumberone (Oct 23, 2008)

okay, thanks very much Rico!


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## Rico Menor (Mar 22, 2007)

if anythign they will reject it and you will get a letter, you will also get an email with the reasoning and you can talk to the lawyer that reviewed your logo. Be aware that you will probably get rejected on the first try for something, but you can change it and re submit if you do it with in the given time frame.


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## vexx78 (Oct 15, 2008)

I'm going through the process right now. It's a pain especially when there are things wrong but at the same time I invested $250 each for 3 logos. I chose the cheaper way but if there is something wrong you don't have the same flexibility on changing things compared to the $350 service.


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## styles1 (Aug 22, 2007)

drivernumberone said:


> when filing the trademark registration, is it required that you give a photo example of all the goods and services selected - even if they all are in the same class? I.E. Hooded sweat shirts, and shirts. Do i have to have a picture of a hoodie and a shirt with my logo?
> 
> thanks for the help!


Are you submitting a "use in commerce" or a "intent to use" application for some/all of the goods?


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## drivernumberone (Oct 23, 2008)

used in commerce, i have already started selling them...


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## styles1 (Aug 22, 2007)

Much success with your endeavors. Let me know if you have any questions and hopefully I can help.


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## drivernumberone (Oct 23, 2008)

thanks a lot for the support. I filed it yesterday. It takes a while huh? how long before it becomes official? a year?


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## styles1 (Aug 22, 2007)

The whole process shouldn't take more than a year and a couple months. I registered my trademark in July 2007 and received my certificate September 2008.


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## comingup (Sep 21, 2007)

Did you register under your actual name, or did you register the business with your state first, and then put the mark under that company?


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## styles1 (Aug 22, 2007)

comingup said:


> Did you register under your actual name, or did you register the business with your state first, and then put the mark under that company?


Could you possibly restate your question?


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## comingup (Sep 21, 2007)

Well you know how you register a business. Doing business as, LLC or Corp or Sole...
Did you register the trademark under that name...Or your actual gov't name..

Does this make sense?


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## styles1 (Aug 22, 2007)

Currently I dont' have a business license, however, I do have a seller's permit that I received from the California State Board of Equalization. I got my seller's permit first because there are fewer steps involved in obtaining one compared to a business license. I'd say to research the seller's permit before even applying for a business license. Now if your business isn't based in California, the legal standard maybe different, so check with your city or state government. Hopefully this answer helps...


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## AustinJeff (May 12, 2007)

drivernumberone said:


> I want to be able to sell my clothes online and not worry about the name being stolen...


Congratulations on getting it filed.

Just curious: Do you own the .com domain of your trademark?


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## comingup (Sep 21, 2007)

Thanks styles for your reply.


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## drivernumberone (Oct 23, 2008)

not yet. how does one go about it?


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## rubywenzday (Nov 18, 2008)

hi guys,
does anybody know if there is a need to list "advertising & buisness - class 35" under the "goods and/or servies" section if you are filing for a Trademark used on a clothing line that will likely be sold via website...
I found this under the Class 35 section of the USPTO website...


> the bringing together, for the benefit of others, of a variety of goods (excluding the transport thereof), enabling customers to conveniently view and purchase those goods; such services may be provided by retail stores, wholesale outlets, through mail order catalogues or by means of electronic media, for example, through web sites or television shopping programmes.


sorry..... "drivernumberone" for butting in, but you posted a really good thread :0)


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## drivernumberone (Oct 23, 2008)

honestly, i have no idea what the requirement is... I am just filing a DBA in Oregon so i can sell online... My dad's a CPA and he said that i should be good with just that...oh and don't worry about the question, it's a forum! Maybe someone else can provide an answer?


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## mermaid (Dec 14, 2008)

Hi,
I am a newbie and do not even have my samples made up yet. But I filed for my trademark first thing. I was so afraid someone would back door me. I called an attorney who has offices in two states and represents Toyota is one of his clients and he said I did the right thing. I have filed the trademark and I am getting ready to copyright the logo, I filed a DBA and now I filed my LLC yesterday. For me protection was very important. So I guess it is up to you. 
Mermaid


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## Binary01 (Jun 2, 2007)

it's been 2 years and my trademark still isnt 'official'....wtf...

i'm in the last leg of things and still a bit concerned.

i'm going to submit for a logo now but need to figure out the process to register again....man

b


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## mermaid (Dec 14, 2008)

Are you doing it yourself or through an attorney? I am using an attorney.....
Mermaid


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## dmfelder (Oct 25, 2008)

Once it's posted, it's more or less public domain. Have a funny tshirt design? Post the art work and you'll probably win any legal case if someone copies it. It's the legal battle that costs money!


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## Jason123 (Mar 30, 2010)

Provided that you are able to satisfy use or intent to use requirements, early trademark registration is definitely worth considering. 

The fact is that only very well-known marks will benefit from protection de facto. Any other type of mark will be plagued with the uncertainty that goes with unregistered trademark rights.

Good article here:

Trademark registration


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## SHIROINEKO (Mar 31, 2010)

Immediately, because someone may steal everything from you.


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## kimura-mma (Jul 26, 2008)

SHIROINEKO said:


> Immediately, because someone may steal everything from you.


It doesn't exactly work that way. Trademarking and copyrighting are very important, but they have their time and place. And that can be different for every company. It is not a necessity for every company to register their marks immediately.


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