# Trademerk/copywrite questions for a sloagan



## HulaArt (Nov 14, 2007)

Just starting out as a newbie. My first business was a cellphone store. Now I'm an event photographer in Hawaii also starting a decal and t-shirt biz localy and online. (T-shirts and vinyl transfer decals are huge here!)

I have a sloagan that I expect to be quite popular with locals and tourists alike. (I have done market testing with local friends and tourists with very possitive response) 
I've written a poem incorporating the 3 line, 9 word sloagan and will copywrite the poem, as well as the many graphic art designs of the sloagan I've created. (as an x-professional musician, I'm quite firmiliar with copywrites but not with trademarks)

I know I can copywrite the peom and also the many graffic designs of the sloagan for $35 per submission. No problem. 
I know a sloagan can be trademarked providing it is an obvious representation of the source. (i.e. Nike's "just do it") My business name is the abreviated version of the sloagan.
But do I need to? 
As I also have the domain name of the abreviated version of the sloagan and the sloagan itself.

Given the extremely competetive nature of this market, I want to make sure I'm as protected as possible. I'm on a tight budget and could almost buy a cutter with the $365.00 or so it costs to file for trademark myself. (Don't be scared,instructions are included with all trademark & copywrite forms!)

I'm wonderng if anyone has had experience with sloagans?

Any feedback, suggestions or experiences are welcome and appreciated!


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## nativegraphics (May 18, 2007)

I am a newbie and know nothing about trademarks so I'm gonna watch this post as I want to know about trademark info!
Thanks
Deb


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## HulaArt (Nov 14, 2007)

nativegraphics, I'd be happy to share what little I know about trademarks. (I found all trademark info and forms online)
A trademark is a name, word or symbal that represents a brand or entity doing business. A sloagn can also be trademarked if it is an obvious representation of the source. (i.e. Nike, the swoosh, "just do it") A good example of 3 different trademarkable ....things.
It costs about $365.00 to file for trademark yourself. 

Artwork, graphic art designs, photographs, music, poems etc. are things that are "created" and would be copywrited. Artists can group together many individual "creations" or "works", and submit a collective "work" on one form for $35.00. 

Easy yourself to do if read you carefully the instructions.


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## nativegraphics (May 18, 2007)

Hula art: Thanks for the info. I am a graphics artist designer etc. I started the explosion of decals/vinyl into the American Indian community15 years ago. I'm still on the powwow trail (as we call it) so if there's anything I can do to help you out Let me know.
Thanks
Deb


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## Rodney (Nov 3, 2004)

> But do I need to?


If you want legal recourse from people using the slogan on t-shirts, yes, you would need to.

If you just want to sell some t-shirts, no, you don't need to.

Think of it this way (quoting another member's post with my additions in [brackets] for emphasis ):



solmu said:


> People need to realise copyright/[trademark] protection, etc. is a knife, not a shield. It's to punish people with after the fact, nothing can stop someone from copying your work if that's what they choose to do. As with a real knife, if you lack the resources [money] or the stomach to use it, it won't particularly help you... though occasionally brandishing it a bit can scare people off. And as with a real knife if you try using it on a bigger, meaner target (like Walmart for example) they'll take it off you and club you in the head with it.


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## Rodney (Nov 3, 2004)

nativegraphics said:


> I am a newbie and know nothing about trademarks so I'm gonna watch this post as I want to know about trademark info!
> Thanks
> Deb


You can learn a lot about trademarks (and other topics) by just searching the forum for that kewyord: http://www.t-shirtforums.com/tags/trademark/

http://www.t-shirtforums.com/tags/trademarks/

And by reading on the official trademark site: Trademarks


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## HulaArt (Nov 14, 2007)

Thank you Rodney!


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## Solmu (Aug 15, 2005)

Given that you have something specific in mind (i.e. a cutter) that you'd use the money on if you didn't use it on a trademark... I'm inclined to think it's better spent on the equipment. The trademark would be more appropriate if you had money burning a hole in your pocket.

Plus as a rule of thumb, if money is tight enough to be reluctant to blow almost four hundred dollars on a trademark (as it is for most startups) then odds are you can't afford to actually sue anyone anyway.

I haven't got around to my trademark yet, Rodney waited several years before getting his, I'd say only a relatively small (but proud ) minority of members on this forum have a registered trademark. So you'd be in good company at least.


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## HulaArt (Nov 14, 2007)

Thank you solmu! Good feedback!


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