# Would this be considered trademark infringement?



## thetrillest (Sep 22, 2011)

Hello everyone! I am new here and I am seeking some advice, since everyone on here is so knowledeable. I am starting a clothing company and wanted to trademark the name. I searched on USPTO.gov to make sure that it wasn't trademarked and it wasn't. The problem is that I want to also be able to use is as an abbreviation (kinda like Hollister is HCO), just that the abbreviation version IS trademarked, even though the trademark for that company is for cosmetics/perfumes. Can I still trademark my company and use both names even though mine is clothing and theirs is cosmetics? I would not be using it as the main name of the company, the main name is the loger non abbreviated version which is non-trademarked, but I also want to put the short version on the back of shirts or like very small on V-Necks kinda like where the polo horse guy logo is.

Right now I am looking at USPTO.gov and while searching "HCO" two companies currently are trademarking the name (different owners/categories) 
1. One is the HCO Hollister, Abercrombie & Fitch
2. The other is a bio-degradable waste company

Obviously same name, but different company categories, I would understand that in clothing it couldn't be 2 of the same, but since I'm doing clothing and the other company perfumes/cosmetics, couldn't it work?
I would trademark under class 025 and 035 both the long name and the abbreviated version. The perfume company is using "*Goods and Services- *IC 003. US 001 004 006 050 051 052. G & S:" Perfumes, cosmetics

Since I am starting right now, and don't have a big budget, I would not trademark the brand right away, so to my understanding I am allowed to use the "TM" until I can actually register it and then use the "R". I would consult an attorney, but I do not have the budget for it


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## kimura-mma (Jul 26, 2008)

Since you're filing under a different class of goods and services, you should be fine.


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## thetrillest (Sep 22, 2011)

kimura-mma said:


> Since you're filing under a different class of goods and services, you should be fine.


I was thinking that, just wasn't completely sure. For now I will not trademark until I have enough money, rather I will use my money on production. Thanks so much for the help.


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## clclothing (Jul 27, 2011)

TM is done by class. If there is not another holder in the class you want, you should be fine.

You may run the risk of another holder finding out and trying to register in your class to expand their mark. You will want to document everything you do to have some level of assertion that you put your mark to use in that class before they did and before they tried to file it. (As much good as that will do you if they register and you are forced to spend money to assert your rights).

This is a case where I would be very careful using something before registering it. While under normal circumstances you would have time until it would be worth anyone trying to infringe, in this case you have a larger entity to whom $325 is lunch and they might see the need to elbow out a potential rival to their mark in a category they MIGHT want to get into.

Your mark is trademarked when you put it to use. You can use TM.

You have to successfully register it to use R.


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## Rusty44 (Apr 28, 2008)

Before I applied for a trademark I used the TM next to the name. Printed flyers and business cards, created a website with that name and sold screen printed items on ebay as well. Once I started making sales, I then applied for it. As clclothing stated, document times and dates. You may need to submit conformation of your use of the name when applying for the trademark. Good luck to you.


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## thetrillest (Sep 22, 2011)

clclothing said:


> TM is done by class. If there is not another holder in the class you want, you should be fine.
> 
> You may run the risk of another holder finding out and trying to register in your class to expand their mark. You will want to document everything you do to have some level of assertion that you put your mark to use in that class before they did and before they tried to file it. (As much good as that will do you if they register and you are forced to spend money to assert your rights).
> 
> ...


Thank you for the advice, right now I can't register it because of budget, but as soon as I get a little revenue, I will definitely register it. About documenting what I do, how would I go on about doing it, like how and what do I document?


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## clclothing (Jul 27, 2011)

If this mark is not the name of your company, perhaps you would consider filing a DBA that would show that you consider it to be an integral part of your brand.

If you create anything or have anything printed using that mark, keep the receipts and try to have it detailed on them what was printed.

Create notes, photos, meeting agenda items discussing the mark and your intended use.

Discuss it in email to your vendors or suppliers/printers/ things that other people will then have record of with a date attached.

None of this is rock solid, but it is something...


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