# Trademarked Your Designs, I Have ?'s



## m_aguilar1 (Sep 11, 2007)

I know when it comes down to the end, we'll have go an speak to an attorney atleast once. I just want to get some information from you guys that have the experience on trademarking your property. 

My partners an I are about to set ourselves up as a LLC. We've created a core logo, an are working on designing around 6 different shirts for our brand to start off with. None, will probably ever be just the logo, but have it somewhere embedded into the design. I've gone through the posts on trademarks, an still have a few questions. In our case, is it safe to say that we need to go an trademark our brand name, an logo only? Our shirt designs will only need to be copyrighted? When you file for a trademark, can you still use the design while in process. An when filing, can we bundle everything up at once an send it, or does everything we try to trademark, have to be filed($) seperately? I looked on USPTO but could not find a answer to my last question. So I hope someone out there can shed some light for us or anyone else wanting to be, we're you were at 10-20 years ago. Thanks.


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## paulo (Dec 13, 2006)

m_aguilar1 said:


> is it safe to say that we need to go an trademark our brand name, an logo only?


Brand Name and Logo would be best.



m_aguilar1 said:


> Our shirt designs will only need to be copyrighted?


Yes



m_aguilar1 said:


> When you file for a trademark, can you still use the design while in process.


Yes.




m_aguilar1 said:


> An when filing, can we bundle everything up at once an send it, or does everything we try to trademark, have to be filed($) seperately?


If the items being trademarked are actual trademarks and not decorations on design, you may have to file each trademark separately. If the trademarked designs are similar enough you may only have to file 1.


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## Comin'OutSwingin (Oct 28, 2005)

m_aguilar1 said:


> In our case, is it safe to say that we need to go an trademark our brand name, an logo only?


If you choose to trademark, yes, you trademark your brand name and/or logo. 

You don't trademark your designs, you copyright them.


m_aguilar1 said:


> Our shirt designs will only need to be copyrighted?


 Yes, this is correct.


m_aguilar1 said:


> When you file for a trademark, can you still use the design while in process.


Yes


m_aguilar1 said:


> And when filing, can we bundle everything up at once an send it, or does everything we try to trademark, have to be filed($) separately?


Well if you are trying to trademark more than 1 brand and/or logo, then you would need to do that separately.

But again, you only trademark the brand and/or logo, not the designs. So your different designs would need to be copyrighted.

And yes, you can bundle those together in something like a collection of designs in a book and copyright it as 1 work.


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## SketchBox (Jan 4, 2008)

Im not one of the guys here with 10-20 years experience in this business, but one thing I do have is a brother-in-law that is a intellectual property lawyer so I get freebies  some things he suggested to me was to not bother going and copywriting everything you do, there is really no need seeing as soon as you make it you already own the rights, his tip was just to wait and see if one or two designs really take off and then that might warrant getting legal proof of copyright ownership. And then the trademark, this is really something you should be in no hurry to attain as you will just end up frustrated and down alot of money, make sure you do it right the first time. Keep in mind that nobody wants to "steal" the name of a brand new, unknown company, where is the money in that, once you have a bit of brand recognition is when people might want to "borrow" you name. Trademark registration also takes at least 24 months to process so not using you brand while waiting for that is really pointless. Hope this help, im pretty tired right now so I hope this made sense.


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## SketchBox (Jan 4, 2008)

Comin'OutSwingin said:


> And yes, you can bundle those together in something like a collection of designs in a book and copyright it as 1 work.


sorry I just wanted to comment on this point, I believe this is incorrect, I was told that to copywrite a collective work it has to be published as that collective work in order for a legitimate copyright to be granted, I dont think you can just put a collection of your own work in a book and have them all cumulatively registered. You would have to actually make a legitimate book/collection of your designs as a completly seperate creation. I believe you would indeed have to register every design individually or go to the hassle of actually making a book of your designs.  I think this post made less sense than the last.


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## Comin'OutSwingin (Oct 28, 2005)

Is your brother-in-law an attorney in the US or Canada.

Some of what you say is just _a little_ off for what happens here in the US.

The trademark process _can_ take 24 months or longer, depending upon whether you file correctly with the correct materials and if you respond to the USPTO promptly. 

But there are many instances where people have gotten trademark approval in less than 6 months. I've seen several applications by members of this forum that are on track for approval in about 5 months.

Also, being new has nothing to do with whether someone wants to steal your name, and therefore nothing to do with how soon you should register your mark.

In another thread, I talk about how someone has filed a trademark application with the intent to use my exact name, and I'm nowhere near famous.

Also, since I started my brand there have been at least 3 myspace pages with people claiming that they own the same brand. 

So, being new shouldn't play a part in it.

Each individual will just have to judge for themselves because there are all sorts of things that come into play when you consider whether to register your trademark.


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## nativegraphics (May 18, 2007)

I have copyrighted about 100 designs as a collection and only paid the one time copyright fee. I gave it a name as a group and then listed it as a collection. There was nothing about a book anywhere. hope this helps


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## Comin'OutSwingin (Oct 28, 2005)

SketchBox said:


> sorry I just wanted to comment on this point, I believe this is incorrect, I was told that to copywrite a collective work it has to be published as that collective work in order for a legitimate copyright to be granted, I dont think you can just put a collection of your own work in a book and have them all cumulatively registered. You would have to actually make a legitimate book/collection of your designs as a completly seperate creation. I believe you would indeed have to register every design individually or go to the hassle of actually making a book of your designs.  I think this post made less sense than the last.


I think you're making the point against yourself, here.

I said as a *design in a book*. Then you just finished by saying the same thing.

You can self-publish books. They don't need to be published by a publishing company.

It's really not that much to putting a book together. You grab your designs, print them out, put them together, and call the collection of designs a name.

Submit it to the copyright office along with the proper fee, and they will register your book.

This I've seen done first hand.



nativegraphics said:


> I have copyrighted about 100 designs as a collection and only paid the one time copyright fee. I gave it a name as a group and then listed it as a collection. There was nothing about a book anywhere. hope this helps


Ah, someone with the same experience.


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## SketchBox (Jan 4, 2008)

He works in california, so he might have been telling me what he knows about the canada system of both Im not sure. But I am amazed that it would only take 5 months to get registered, in canada it takes that long just to get your marked published and made open for opposition.


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## Comin'OutSwingin (Oct 28, 2005)

Lots of times it takes about the same amount of time here for that.

But on some occasions, it can get done very quickly. Just by my own research of looking at filing dates and the dates marks are approved, there are many that are done within the 10-12 month range.


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## SketchBox (Jan 4, 2008)

Ive stumbled across a few that have been in registration limbo since the early ninties, it is a very unstable timeline.


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## Comin'OutSwingin (Oct 28, 2005)

You can click on the "TARR" status link and see what's been going on. Lots of times they just don't reply timely.

I guess it's not that much of a priority.

We filed for your trademark after finding out about the intent to use application on file with our name. And you best believe we'll be on top of every reply from the USPTO!


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## SketchBox (Jan 4, 2008)

I might have even toosed around the word conquer in some form or another when trying to descide on a business name, thats one that will probly keep you on your toes, I can't imagine what it was/is like for "apple".


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## Comin'OutSwingin (Oct 28, 2005)

SketchBox said:


> I might have even toosed around the word conquer in some form or another when trying to descide on a business name, thats one that will probly keep you on your toes,


Yep, you're right. But we're up for the challenge!


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## nativegraphics (May 18, 2007)

comin out swingin I got it! hehehe! Itz kinda late here.


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## Rodney (Nov 3, 2004)

nativegraphics said:


> I have copyrighted about 100 designs as a collection and only paid the one time copyright fee. I gave it a name as a group and then listed it as a collection. There was nothing about a book anywhere. hope this helps


Hi Deb, if you ever have a few moments, if you could write a topic that outlines the steps you went through to copyright a collection of your designs, I'm sure many here would find it very useful.


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## m_aguilar1 (Sep 11, 2007)

Thanks everyone for responding back so soon. We finally got the ball rolling today, an set ourselves up as a LLC. Hope that won't take longer than 2 months! Well from everyones advise, I'm going to try to push on trademarking the company name, an core logo. Every design from here on(the good ones, haha) will be set out to be copywritten. A few of you had mentioned about bundling up your designs in a book form, an copywriting that? How does that work? Do you actual set up your designs,add a title, designer info, and send it out to a local publisher to make one copy. Then send that out to the USPTO? Can anyone shed more light on that process of copyright?


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