# Protecting my logo until it is trademarked



## Sirvivhor (Dec 19, 2009)

Hi,

I will be starting my own business on line selling tee shirts, sweatshirts and other baby clothing with my own logo, character and phrases. I have already registered for two trademarks. How can I protect my logo and character until I get them trademarked? For example, when I give this to printers to print for me and/or labelers to re-label for me? Some sort of non-disclosure agreement perhaps? Or, should I not worry about it? Thank you for any and all responses!


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## aminaic (Dec 18, 2009)

well you already have a copyright to it so make sure you have the original files. Trademark is an addition layer of protection which you can claim once you get that TM number


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## kimura-mma (Jul 26, 2008)

Sirvivhor said:


> I have already registered for two trademarks. How can I protect my logo and character until I get them trademarked?


You can start using the ™ symbol right away, this alerts others that you claim ownership of the mark. Once your mark is federally registered, you can use the ® symbol.

But a very important fact to realize is this: Registering your mark does not automatically protect it from others stealing and using it. It is up to you to enforce your federal registration by sending cease and desist letters and/or suing those who infringe on your mark.



Sirvivhor said:


> For example, when I give this to printers to print for me and/or labelers to re-label for me? Some sort of non-disclosure agreement perhaps?


Printers, vendors and suppliers are in the business of printing, vending and supplying, not stealing and illegally distributing their clients artwork and products. That would just be bad business and a great way to go broke. So most can be trusted.

That said, there is nothing wrong with asking them to sign an agreement if you think it makes sense.



Sirvivhor said:


> Or, should I not worry about it?


You should worry about it, just not obsess over it. Understanding your role as a trademark owner and preparing to protect your mark and enforce your legal recourse is a good thing. But you also have to learn to trust those who you need to do business with.


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## Sirvivhor (Dec 19, 2009)

Hi Tim: thank you for your response and yes, I do need to be able to trust those I'm doing business with! Regarding the trademark: I've only filed an "intent to use" at the moment because I haven't started selling yet. Do you know if I can use the "tm" symbol now when I begin to have my logo printed or, would I have to have filed my "speciman" first? Or, maybe the patent and trademark office advises me about that? Thanks in advance for any response!


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## Sirvivhor (Dec 19, 2009)

Hi, thank you for your message. I've only filed an "intent to use" so far so, not quite there with my protection. I haven't started selling anything yet so I cannot file a "speciman" until I do. Not sure if I can use the "tm" when I print my logo until then either.


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## kimura-mma (Jul 26, 2008)

Sirvivhor said:


> Hi Tim: thank you for your response and yes, I do need to be able to trust those I'm doing business with! Regarding the trademark: I've only filed an "intent to use" at the moment because I haven't started selling yet. Do you know if I can use the "tm" symbol now when I begin to have my logo printed or, would I have to have filed my "speciman" first? Or, maybe the patent and trademark office advises me about that? Thanks in advance for any response!


You can use the ™ symbol right away. It's actually somewhat non-official, it only means that you claim ownership of the mark. It's the ® that is an official mark that you can only use once registered.


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## Sirvivhor (Dec 19, 2009)

That's great to know - thanks again Tim! Btw: your new line of "green" clothing looks like it will be great!


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## time9 (Aug 29, 2009)

Btw if push comes to shove dates make a difference. save the first time you emailed your logo or artwork to anyone.it can prove that you had it first.


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## mtownink (Jul 26, 2009)

As a contract printer that prints for many different private labels, we are excited any time we are approached by an entrapenuer that is starting out. We don't have time to "steal" anyone's ideas and also it means more business for me if they do better (not to sound selfish) BUT . . . if you have filed for the intend of use then yes keep everything print all emails that you have sent and keep in a file. Even if you don't use that company KEEP IT. Sadly there are a lot of jerks out there. Good luck! if you need someone east coast let me know!!


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## avernfish (Dec 17, 2009)

You can register you logo to ask for protecting of law.
That is the best way to protect your logo.


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## Sirvivhor (Dec 19, 2009)

Thank you Megan! Where are you on the east coast and what does your business provide?


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## darque (Dec 21, 2009)

trademarks are important to file but you will still be responsible when someone steals your name intentionally or otherwise. their mainly for customer confidence, thats it!!!! it has cost me 5000 so far to fight a thief...

Copyrights should be snail mailed to your self with a registered postmark (as last ditch effort, assumed you will open letter in front of judge to prove start date during lawsuit) not emailed....or get the official form on the web. approx30 bucks to file an official copyright and you can do multiple images~ same time~same price.... 

also if you are going to fight a trademark infrigement (clothing line) you will lose if you do not have at least 50% of all garments tagged and labeled with your clothing line trademark or logo....

no disrespect, but the odds of you getting through the first two years (especially in this market) is less than hopeful, not impossible but it would be smart of you to go to uspto.gov to search for a registered name already in use... this will alert you to any previous live or dead status of the tm or r trademark... 

and just go start selling shirts the first year... it takes that long for you to get the trademark anyway (government) +1200 + if you use an attorney. you will have such a learning curve that you will be a completely different company by the time you get officia...

everyone of my students wants to start a line 

i ask them to answer some questions first or they are wasting their time...

why a clothing line ? 
are you an artist or printer?
why are you different 
what will set you apart from ALL the rest ? 
who is demographic 
where will you sell? not speculation ? where will you sell (most retail outlets will not give new companies break for the very reason ~they do not understand their market yet ~or will fail within year...) 

know your market! 
do you have any unique ideas? 
what color garments ?

where will you place the art...front large youthful markets big back older markets 
do you have a partner? what will they brng to the table ? 
can you count on them >? REALLY TRUST THEM ?

will you be a sole owner partnership or llc ? 
do you have enough money to stay alive for three years without anysales ? 
why do you think anyone would buy your ts 
any research yet? 

has anyone in the market seen your ideas ??


and finally will this be your full time job? do you have a salesmen that can gwt paid for 6 months while he makes little comission? good luck and ill give you advice if youd like 



their was 7 years of curves for us Skeletonkrew.com then the economy hit while we were under re-build so this year has been pretty bad. 
we have rebuilt our site this year and its almost ready to go again. So next year back to the drawing board literally ? hehehehe good luck 

oh if you asked for my advice then made me sign a non-disclosure agreement id laugh in your face cause if you are going to put your self in the commercial market EXPECT TO BE RIPPED OFF! IF YOUR NOT ~THEN YOUR NOT MAKING A BIG ENOUGH SCENE ANYWAY... SO ITS a moot point!


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