# Trademark Now or Later



## Mark_S (May 21, 2008)

I came up with a few trademarks I am interested in and did a search on public US Canada and US State from trademark.com 

No issues from the results of my search - so any opinions on whether I should file the trademark now or later - when or if I start to make some income from the t-shirt designs. 

Thinking of urban t-shirt designs - silk screened. 

thanks


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## kimcoreps (May 23, 2008)

Friend, 
From What I've gathered, you need to send a photo of your shirt to obtain a trademark, if you have that done...it can't hurt! Protect yourself.


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## sonambulo (Sep 22, 2007)

i would say get a bit of a following first, then file. cause you prolly not starting with 1 design but 4 or 5 or 6. trademark isnt cheap


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## loftgolf (Apr 17, 2008)

Hey Mark,
I would apply for the trademark sooner as opposed to later. Just because the mark is available today does not mean it's will be tomorrow. Secondly, it can take a year or more for your trademark to be granted after your application is received. Good luck!


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## Mark_S (May 21, 2008)

Thanks I have been selling t's at my local farmer's market - not the right demographic/psychographic but there are a few with that meet the criteria so that is why I am there - I have got about 3 designs people really like - another design a college kid working a local coffee shop wanted wanted to buy off me when I was wearing it. 

So I plan to start with 4 designs with a trademark brand for the site - the shirt designs I will file copyrights on. Thanks for the opinions.


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## LittleDogy (Jan 15, 2008)

I'm in the same boat : ) 

It's on my to-do list which is still full with other things to do. I read in one of these threads that if you have a lot of desings that it's less expensive to make a book that has all your designs in it and copyright the book.

But... I haven't put the time in yet to figure it all out. On the surface it makes sense to pay for one copyrighted book verses 30 copyrights for 30 designs.

I was on Life is Good's website and I noticed that they have a book for sale with all their desings in it. I wondered if that's how they did their copyright(s)?


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## Solmu (Aug 15, 2005)

Some people are confusing a trademark and a copyright.

Copyright covers your artwork, Trademark covers your brand, or branded slogan.

Examples: Nike is a trademark, Just Do It is a trademark, whereas a t-shirt design is copyrighted.

As John said trademarking can be a lengthy process (and expensive), but it's worthwhile _if_ your brand has legs. It's probably better to wait until you're at least a little established (it will also make it easier to actually get the trademark approved, since the mark is supposed to be in use).

Plenty of people wait years before doing it - through use you'll have a common law trademark anyway, which at least means _something_ in court, registration is just preferable / makes life easier.

I haven't done a survey on the topic, but I don't think it's unusual to change your business name as you develop your business... and that doesn't even take into account the number of businesses that fail. So forking out the money before you're established is kind of pointless, and potentially uses up valuable operating capital.

Plus... having a trademark is only semi-useful as a deterrent: if you can't afford to back up threats with legal action, paying out to register a bluff is only worth so much (where "so much" = not much).


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