# Do I really need a trademark for my brand?



## EgoismBrand (Aug 4, 2010)

Well this wekk I'm hoping to file for my bussiness license sole propertiship,and get my sellers permit to sale online/swap meets etc etc .... anything else I need to do (legal wide) before I launch? Also do I need to tm my brand,is it good to? How much does it cost? 

Thanks btw I'm from anaheim ca


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## kimura-mma (Jul 26, 2008)

*Re: do i need a TradeMark for my brand?*



EgoismBrand said:


> Also do I need to tm my brand


Registering for a trademark is not a requirement. So you only need to do it if you want to.



EgoismBrand said:


> is it good to?


Yes, it is good to register your brand as a trademark.

Technically, you can gain common law trademark as you sell product featuring your brand name. But federal registration offers more protection and legal recourse.

But keep in mind, your registration will not automatically prevent someone from stealing your mark. You need to actively and aggressively pursue legal action against infringement. So while registering is a good thing, it makes sense to wait until it is practical to do so.



EgoismBrand said:


> How much does it cost?


$325 to file the application online.

If you can easily afford to register, you should.

But if you have a limited budget, spend your money on production and marketing. You can always register your trademark later on.


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## EgoismBrand (Aug 4, 2010)

*Re: do i need a TradeMark for my brand?*

Thanks for the info, everything i need to know, I will hold off for now until i get a lil more stable..

thanks


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## TimeWithoutTheE (Mar 31, 2007)

*Re: do i need a TradeMark for my brand?*



EgoismBrand said:


> Thanks for the info, everything i need to know, I will hold off for now until i get a lil more stable..
> 
> thanks


I ask this question to anyone who asks this question. 
Lets say you paid and got the trademark and some jerk takes our name and is using in somewhere. Do you have the money to sue him to stop using it? Is it worth suing this person and it costing 10,000 of dollars to stop him?
Just cause you trademark doesn't mean it protects you...


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## Guest (Sep 15, 2010)

Trademarks are a 2 year process'es. You'll need an attourney. A finished product, that you will file with your application. The whole thing ends up costing about/around 10,000 $.

And here's the kicker !!! 

Your trademark is only as strong as your sales.
If your not selling out of state, then you have no protection out of state.
If your not selling overseas, then you have no protection over seas.

You can always register yourself for like 300$. If it will make you feel all warm and fuzzy.
But for the most part. When ur small and broke. It's like Joaquien Pheniox's rap songs.

Everyone out their thinks everyone else is a joke . . . Untill everyone prove otherwise.

And the only way to prove otherwise is SALES !!! SALES !!! SALES !!!


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## Rodney (Nov 3, 2004)

> Trademarks are a 2 year process'es. You'll need an attourney. A finished product, that you will file with your application. The whole thing ends up costing about/around 10,000 $.


That's not always true. I registered my trademark with the help of one of those online trademark consultant type sites for around $500 (which included the trademark application fee). I ended up paying about $250 or so more to appeal the initial decline of the trademark.

It definitely wasn't close to $10,000. It did take about a year or so though.



> Your trademark is only as strong as your sales.
> If your not selling out of state, then you have no protection out of state


Where does it say that?


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## kimura-mma (Jul 26, 2008)

evan Tshirt said:


> Trademarks are a 2 year process'es.


That's a bit on the high side. 13-18 months is a more accurate time frame to expect the approval process to be completed.



evan Tshirt said:


> You'll need an attourney.


An attorney is not necessary. The application is not that complicated. There are services like LegalZoom that can handle the paperwork for anyone not comfortable doing themselves.



evan Tshirt said:


> A finished product, that you will file with your application. The whole thing ends up costing about/around 10,000 $.


You don't actually have to submit a product. You can submit an image of the product, label, hangtag, marketing material, etc. Anything that shows the usage of the trademark.



evan Tshirt said:


> Your trademark is only as strong as your sales.


This is not accurate at all. Some trademarks are not even product based, they can be service based. So the strength of ones trademark has nothing to do with sales.

In my opinion, the strength of ones trademark is their willingness to take legal action against infringement.



evan Tshirt said:


> If your not selling out of state, then you have no protection out of state.


Again, this is not accurate.

You may be referring to common law trademark or state registrations. But federal trademark registrations have no restrictions based on what states you sell within.



evan Tshirt said:


> And the only way to prove otherwise is SALES !!! SALES !!! SALES !!!


Actually, having a federally registered trademark is great proof of ownership. Sales doesn't mean anything. The first to register a mark will generally be granted ownership regardless of sales figures.


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## binki (Jul 16, 2006)

throw a TM next to your brand and register when you are starting to go good. defend your brand when you see copy cats and go from there.


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## TeesForChange (Jan 17, 2007)

make sure you have a bank account that's separate for your business use only.


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## Egotistic (Aug 28, 2010)

OUR brands are close to same name...


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