# I need to make a hang tag for trademark filing purposes - what goes on it?



## bgreaterthan (Jul 15, 2007)

Hi, 

I'm just starting out selling my t-shirts online. Just posted my website a couple days ago . I'm trying trademark my logo and the lawyers need a hang tag for the trademark application. I don't expect to need hangtags for quite sometime since I'm only selling online but I was wondering if someone could help me out as to what needs to go on a hang tag, even just for the trademark application? Are their legal requirements? Please refer me to the proper thread if it's already been discussed.

Thanks so much! I love the T-shirt forum!

Kelly


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## SomeSailor (Jun 29, 2007)

*Re: Need to make a hang tag*

I'd guess at a minimum you'd want the information you're trying to protect to be on there. for example; Name, Logo, Slogan, Typeface, Color, etc. would all be things a trademarked hangtag would illustrate. Hard to say you want to protect something that does not exist. I suppose it could be as simple as a prototyped hang tag design (one off through a dye sub or the likes).


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## bgreaterthan (Jul 15, 2007)

*Re: Need to make a hang tag*

So there are no legal requirements like there are for garment tags? 

I just need my logo, company name and maybe some t-shirt info.

Thanks again, Kel


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## Rodney (Nov 3, 2004)

*Re: Need to make a hang tag*



bgreaterthan said:


> So there are no legal requirements like there are for garment tags?
> 
> I just need my logo, company name and maybe some t-shirt info.
> 
> Thanks again, Kel


For hangtags, no. For tags/labels that go in the neckline of the garment. Yes.


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## paulo (Dec 13, 2006)

*Re: Need to make a hang tag*



bgreaterthan said:


> Hi,
> 
> I'm trying trademark my logo and the lawyers need a hang tag for the trademark application.
> 
> Kelly


For the trademark application, I don't think you necessarily need a hangtag, all you would need is a picture of something that has your logo printed on it. Maybe like your shirts?  I know there is a term for what they are asking for, but all it proves is that you are using that logo.


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## RescueShirts (Jun 24, 2007)

*Re: Need to make a hang tag*



bgreaterthan said:


> Hi,
> 
> I don't expect to need hangtags for quite sometime since I'm only selling online...
> 
> Kelly


I am "only" selling online also... but attach a hang tag to every shirt I ship. I think it looks more professional, is brand reinforcement for my product/website, and provides care instructions on the back side.

 Brett


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## AustinJeff (May 12, 2007)

*Re: Need to make a hang tag*

As far as the trademark is concerned, you should ask your lawyer what should be on it.

For business purposes, I think hang tags are a great idea, regardless of the level at which you are selling. I got a tagging gun on eBay. Included 2,000 barbs, and it was less than $10, including shipping. 

I print my own hang tags using "clean edge" business cards. They come apart without perforations, and look very professional. I take a stack and use a cordless drill with a tiny bit to make a nice small hole and pop them on a barb.

The tags, including stock, printing and the barb for attachment cost less than 10 cents per shirt, with virtually no start-up investment. It's nice being able to change or customize my tags whenever I want, and it's amazing how much more professional it makes the shirt look.


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## ShannonTMExpress (Aug 8, 2007)

*Re: Need to make a hang tag*

Hi there Kelly,

Actually, the USPTO is pretty particular about what they want as a specimen for clothing. It should be a hang tag, a label or a picture of the packaging -- it must clearly show the mark that's being filed AND you can tell it's for clothing. The USPTO no longer accepts a picture of a t-shirt with the words displayed on the front only. 

Hope that helps!

Shannon


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## paulo (Dec 13, 2006)

*Re: Need to make a hang tag*



ShannonTMExpress said:


> Hi there Kelly,
> 
> Actually, the USPTO is pretty particular about what they want as a specimen for clothing. It should be a hang tag, a label or a picture of the packaging -- it must clearly show the mark that's being filed AND you can tell it's for clothing. The USPTO no longer accepts a picture of a t-shirt with the words displayed on the front only.
> 
> ...


Whoa luckily I submitted everything I had...

Picture of the clothing, the label, packaging, and the hangtag.


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## bgreaterthan (Jul 15, 2007)

*Re: Need to make a hang tag*



paulo said:


> all you would need is a picture of something that has your logo printed on it. Maybe like your shirts?.


Actually, the trademark won't accept your shirt as a specimen. Something about it being just a decoration. They want a specimen that gives them proof that the item is being used in commerce - (or some such legal jargon like that). Anyway, the most acceptable items for clothing to them are hang tags or garment tags.

Thanks for everyone's input!


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## chrisf116 (Jul 26, 2007)

good info, and thanks AustinJeff for your post!


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## Sirvivhor (Dec 19, 2009)

*Re: Need to make a hang tag*

Hi, if you use a hang tag, can you still keep the shirts original tags on there? I also need to send in a speciman for trademark purposes and if a hang tag will be easier, I will do it that way instead of removing all the labels and screen printing my own label. Also, is using a hang tag and keeping the original labels in the clothing going to be perceived well when I sell my shirts, etc? Thanks!


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## sicko51 (Nov 20, 2008)

My company finally just got approved for our trademark about a month ago. We got a certified registration letter in the mail from USPTO.

We actually went with a 3rd party company called "Trademark Express" and they were awesome. Their whole legal team walked us through the whole process step by step. Which was nice because we had heard all the horror stories with going through DIY processes like Legalzoom.com etc.

Anyhow, all we did for our "specimen" was we took a photo of our t-shirt on a hanger. The t-shirt had our design/logo on the front. Then we had our logo printed up on a piece of cardstock. Cut it out to make it look like a legit hang tag. Then we just got some thread, punched a hole through the cardstock and ran the thread up in the shirt. So the hang tag was hanging from the armpit of the shirt. It looked legit and everthing and it was accepted by USPTO.

They also said you could get a blank t-shirt, put your name/logo on a piece of paper and place the paper on the shirt with like a saftey pin, etc. But we wanted to be more legit and professional looking. Your company is only as legit as you make it look.

I would suggest doing what we did!

Hope that helps.


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## Sirvivhor (Dec 19, 2009)

Wow, thanks so much for that really great information! Is there anyway you can show a photo of the tag you made? Do you think you will ever relabel your shirts with your own logo?


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## sicko51 (Nov 20, 2008)

Sirvivhor said:


> Wow, thanks so much for that really great information! Is there anyway you can show a photo of the tag you made? Do you think you will ever relabel your shirts with your own logo?


I don't have a picture of the specimen off hand, but just remember it doesn't have to be too detailed or anything. As long as it has your clothing brand name or logo that will work. You could even saftey pin it on the garment and it would work.


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## Sirvivhor (Dec 19, 2009)

Thanks again. I think I'm really going to consider doing it this way!


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## Sirvivhor (Dec 19, 2009)

One more question: when you submitted the photo of your shirt and the hang tag to the USPTO could you see the original tag/label in the shirt? I can't afford to relabel the shirts I'm going to sell, yet, and wondering if it makes a different to the USPTO if they see the manufacturer's label on the shirt with my hang tag. Thanks again for the help - I'm hoping to get approved for my trademark the first time around!


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## kimura-mma (Jul 26, 2008)

No, the USPTO does not care if you are relabeling your shirts or using the manufacturers label. All they want is proof that you are using the mark in commerce. As long as your mark is visible in the photos you submit, that is all that matters.


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## RemySL (May 5, 2010)

As far as hangtags go. Some people use business cards. I think that looks like you stuck a business card to your shirt. I went to vistaprint.com and used the free 100 3x5 postcards coupon you get when you sign up for emailed coupons. However, I made my own graphic front/back for three hangtags from one 3x5 card. The hangtags were 1.6"x3 then. So I got 300 full color gloss front flat back hang tags for like $10. You can't print them yourself that cheap and get those results. With that however, I did get the ebay taggun w/ 2000 barbs for like $15 as well. I was using a standard hole puncher to punch the holes in the hang tags, but the hole was bigger than it should have been. The drill is a great idea for a solution for that.


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