# What to Do First? DBA, Trademark, Copyright etc...



## comingup (Sep 21, 2007)

Hey, 

What do you essentially need to start selling your own brand of tees? 

Do you file a DBA, at the same time a trademark and thats it?

Then at the same time also copyright the images?

Or is these an easier/different/better way of doing this?


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## kimura-mma (Jul 26, 2008)

It can vary by state, but generally, you need to register your business and apply for any necessary resellers permits or licenses. If you register a DBA, you can use your SSN to open any wholesale accounts. Or you can apply for a federal tax id number. Then you should open a business bank account. Try Googling "starting a business in (your state)" to find government resources that list everything you need. You should also find links where you can submit all the paperwork online.

Trademarks and copyrights are completely optional. Unless you can afford to spend the money, you should probably focus more on production and marketing. It's important to create cash flow. So spend on areas of the business where you can make the money back.


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## AtkinsonConsult (May 2, 2011)

A word on copyrighting images.... Unless you are willing to DEFEND your copyright you may want to reconsider doing this. This can be incredibly expensive, and unless you can prove damages the usual outcome may be just a cease and desist for the other party.

It's all relative to what you are doing of course... But, a t-shirt is a t-shirt. You'd be better served to just design something different and move on. People use other people's work constantly. It's a fact of life in this industry.

I would focus your energies more into market research, a business plan, and understanding the nature of the production process that worrying about someone stealing your ideas.

Good luck,

-M


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## comingup (Sep 21, 2007)

You would have to think if you didn't have a copyright and/or trademark and you have your images on your stores website, that you would have no problem saying that artwork was yours...Especially if time went on and it was over a year because you could always prove those were older images...(meaning yours)..

But what about someone stealing the actual name of you company...You kind of do have to make it a priority to trademark the name ASAP in my opinion...Right? 

Is there any information that you can search it for by the state?


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## kimura-mma (Jul 26, 2008)

comingup said:


> You would have to think if you didn't have a copyright and/or trademark and you have your images on your stores website, that you would have no problem saying that artwork was yours...Especially if time went on and it was over a year because you could always prove those were older images...(meaning yours)..


For copyrightable works, such as t-shirt designs, the copyright exists once the artwork is in fixed form. And when you publish it to a website and include a © notice, you are making a public claim to own the copyrightable work.

Registering a work with US Copyright Office gives you a legal document that time stamps your ownership of the work. This gives you legal proof that can be used in court.

So what you need to ask yourself is, how likely are you to end up in court over a copyright issue? If it is likely, then you should register your copyrightable work. If it is unlikely, then you should not register. And in the event you ever need to prove your ownership, you will need to use proof other than a copyright registration.

Trademarks are completely different. In a trademark infringement case, first use in commerce is usually the deciding factor. Basically, whoever can prove the earliest usage of the mark, wins the rights to the mark.

So while trademark registrations are important and grant legal recourse, actual use in commerce is more important. There is also common law trademark, which grants limited legal ownership is each state the mark is used in.



comingup said:


> But what about someone stealing the actual name of you company...You kind of do have to make it a priority to trademark the name ASAP in my opinion...Right?


Company Names (aka Business Names, Corporate Names) are different than Trademarks (aka Brand Names, Trade Names).

When you register a company name, it is protected in the state your registered it. No one else can use the same company name. The state does not allow a second registration of the same name.

But the company name can be registered by someone else in another state. The only way to protect your company name in all states is to register the name in all states.

To protect your brand name, you need to trademark it. But as mentioned above, you will gain rights by simply using the name in commerce (more specifically, you will gain rights by selling your shirts).

If you feel that trademarking is a priority, then you should do it. But registering a trademark will not prevent anyone from stealing your mark. The only true protection is to actively and aggressively take legal action against infringement.

So if you plan to take action, you should register. If not, then save your money and use it on more important areas of the business.

My advice would be to spend your money on production and marketing. Once you generate cash flow and get your brand off the ground, you can file trademarks and copyrights.


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