# how do I trademark my t-shirts/brand?



## RideOutWear (Feb 27, 2010)

i have been in business since last september i recently went full time with it in january. my question is this, how do i go about trademarking my brand? i have my occupational license here in fla, and also my tax id number. i want my brand trademarked but not sure how to go about it, also should i file a fictitious name for my brand? should i do any copyrighting for anything? thanks in advance


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## ainofea (Jul 30, 2010)

*Re: trademark*

Hi Josh,
Here is the US gov website on trademarks. They have all the FAQ's along with the registration area once you decide to move ahead with it.
Where Do I Start?
Good luck!


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## kimura-mma (Jul 26, 2008)

*Re: trademark*



RideOutWear said:


> how do i go about trademarking my brand?


You can file a trademark registration form on the USPTO website. If you're not comfortable registering yourself, you can contact a local intellectual property attorney or use an online legal service like LegalZoom.



RideOutWear said:


> also should i file a fictitious name for my brand?


If you already have a registered business, I don't believe it's necessary.



RideOutWear said:


> should i do any copyrighting for anything?


You can copyright your individual t-shirt designs if you want. But it's not required. Works of art are technically copyrighted once they are in fixed form. So once they are published on your website, you can claim and/or prove ownership. Registering your copyright adds to your proof of ownership by 'time and date stamping' the design. But that will probably only be useful if you need to go to court.


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## RideOutWear (Feb 27, 2010)

thanks ill get on this


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## ainofea (Jul 30, 2010)

Tim is the man! Wealth of knowledge! Great person to know!


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## Jimmytees (May 29, 2009)

If you're looking to trademark a unique brand/logo, you really don't have to file for a registered trademark. Just make certain to "publish" your brand/logo somewhere and then simply add a "TM" on all products. However, a registered mark will allow you to enforce ownership more easily if a situation arises.

Word marks are more difficult to register and rejected often as opposed to a unique graphic.


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## kimura-mma (Jul 26, 2008)

Jimmytees said:


> Word marks are more difficult to register and rejected often as opposed to a unique graphic.


I don't believe this is true. Marks that are submitted as "standard character marks" are just as likely to be registered as a "stylized design," provided the mark fits within all the eligible parameters.

What does tend to be difficult is registering a common word or phrase for use on clothing unless the mark is specifically used as the brand name or part of the brand's marketing.


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## Jimmytees (May 29, 2009)

kimura-mma said:


> I don't believe this is true. Marks that are submitted as "standard character marks" are just as likely to be registered as a "stylized design," provided the mark fits within all the eligible parameters.
> 
> What does tend to be difficult is registering a common word or phrase for use on clothing unless the mark is specifically used as the brand name or part of the brand's marketing.


*GREAT JOB of contradicting yourself and validating my opinion! Ding Ding Ding...come on down! You're the next contestant!*


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## kimura-mma (Jul 26, 2008)

Jimmytees said:


> *GREAT JOB of contradicting yourself and validating my opinion! Ding Ding Ding...come on down! You're the next contestant!*


I think you need to read my post again. I didn't contradict myself or validate your opinion.


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## kanon (Aug 31, 2011)

If a previously registered trademark that I'm researching is now listed as DEAD/ABANDONED on United States Patent and Trademark Office, does that mean it's available?


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## kimura-mma (Jul 26, 2008)

Yes, usually that would mean it's available. But the previous usage of the mark could still be an issue. It's probably best to consult an attorney. Or maybe try calling the USPTO and see if you can get some answers directly from them.


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## kanon (Aug 31, 2011)

That's what I was thinking. I'd hate to pay the application fee only to find out there's something I missed or overlooked.


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## kanon (Aug 31, 2011)

I just read this trademark discussion on LinkedIn.com:

If a trademark shows up as "abandoned," does that mean it is available? Does an existing domain name interfere with trademarking? | LinkedIn Answers | LinkedIn

Very good information offered up by various attorneys. One thing I learned is that even though a trademark may be abandoned/dead, that doesn't necessarily mean it's available to anyone else who wants it. It must be declared dead for at least 6 months.


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## Jfny (Sep 1, 2011)

LEGAL ZOOM IS LIKE CAKE!

They will not disapoint.


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## kimura-mma (Jul 26, 2008)

I have nothing against LegalZoom. I have used them several times in the past.

But here's the thing... the exact info you supply to LegalZoom is the exact info they use to fill out the trademark application. So if you are capable of giving the info to LegalZoom, you are probably capable of filling out the trademark application yourself and saving a few hundred bucks.


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## Jfny (Sep 1, 2011)

Not gunna argue with that, tuche. Legal zoom is the for dummies version, but I happen to be one of those dummies, they also provide rather decent assistance. But nothing beats saving bills


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