2006
Do I need to register my trademark (logo) before starting my business?
Posted by: Fashion06 in FAQ |
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Do I need to register my trademark (logo) before starting my business?
I would say no because most cases an apparel line will die out within the first year being realistically and you will have wasted your time and money. Until your brand is something to talk about don?t worry of bootleggers or fakes because they never heard of you. Once you consider sticking the business out for the long run this is a definite MUST
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December 28th, 2006 at 9:07 pm
I stumbled across this entry searching for trademark news items. I don’t think there is a definitive answer to the question. I think that there a numerous factors to consider. Some of these include: how much have you invested in the brand and logo as compared to other aspects of the business, how large will your initial line be, do you already have store or other venues committed to selling your line, how distinctive is your trademark and logo, etc.Do you NEED to file a trademark application before launch? No, absolutely not.Should you? I think it depends. I have heard of and read about many people who run into trademark trouble months or years after the launch of their brand. This would require a whole rebranding of the line which could cost you more in the end than simply seeking protection early.Applying for registration in advance could also give you a head’s up for potential problems.
December 28th, 2006 at 9:23 pm
I appreciate your comment and I definetly agree with you. I think it could possibly be a choice to make based on a business situation whether or not you already have stores ready to stock your merchandise and on your way to becoming a known brand…I think all that goes back to what I said “Until your brand is something to talk about don?t worry of bootleggers or fakes because they never heard of you” Like you said if your line is large and have stores and venues commited than your line is probably something to talk about and they probably have heard of you….then yes you may want a trademark or at least copyright your name. Make sure and check back daily with us. Thanks for reading.Fashion Industry Ceo
January 9th, 2007 at 3:39 pm
i have heard of a “poor mans” copyright, this is where i would mail a document withholding a date, the product and a witness signature, the way i was told it works is that you never open the envolope, if it ever came a time when someone tried to take the rights to your line, you can give the court judge the envolope and he will see the federal post mark date and can open the contents undisterbed…. what is your thought to this?
January 9th, 2007 at 6:24 pm
I actually did this in the beginning stages of my first clothing line and yes it is valid, but from my understanding it is only valid in the state that the “poor mans” copyright is done in…I would only use this method in the beginning and not when your business starts to grow.
Fashion Industry Ceo
March 9th, 2007 at 10:42 am
If I do a poor man’s patent can my clothes be sold in the mall stores
June 3rd, 2007 at 3:30 pm
Im not gonna say i disagree,but i did,i was scared, im from the BAY AREA and people are kind of slick out here so i wasn’t taking any chances.Besides it was only a 1,000 to register with an attorney.I trademarked a name with a logo.
September 23rd, 2007 at 9:27 pm
even after all i read im up in the air about this one….i really want to get trademarked but right now dont have the funds. im steadily moving forward (slow but steady) with the fund gathering. i am however curious about getting it done on the state level, because right now i am only local.
if anyone has info on that or a link to an artical i havnt found PLEASE let me know. i have searched both state and on the uspto site and so far my name and logo is all good.
September 24th, 2007 at 7:50 am
http://www.dobizo.com/starting-your-own-line/tip-of-the-day-copyright-and-trademark-make-sure-your-clothing-name-is-available-before-investing/
Here is another article Rjones…if you look at the bottom of each post there are related articles…I don’t know if you seen them or not.
Fred/Dobizo.com
December 13th, 2007 at 6:02 pm
i am 18 years old but i am going to school for fashion. I have a lot of questions to ask. My first question is that i want to start my own clothing line but im stuck on which college should i go to. International Academy of design offers a fashion design degree. The Art Institute of Michigan offers fashion marketing and managment. Ist it best to get my Bachelor degree in fashion marketing/managment or is it best to get my degree in fashion design and take it from there?
January 4th, 2008 at 3:41 pm
Hey, I have another question. I’m fond of being a fashion designer now. But the question now is, ‘I can’t draw’. Is that something that will hinder me from being a fashion designer? Well, I’ve been in science stream throughout my entire study terms and I’ve never fond of arts and drawing. But one thing for sure. I am very creative and innovative. Will i make a good fashion designer if i can’t draw? Please advice me on this one.
Regards,
Stefanie
January 21st, 2008 at 6:03 am
Hello ShayBay!!! Just how are ya!!! It would, indeed, be a plus that you can draw. But if you cant, then dont worry about it! I can hardly draw stick men. If you have vision and sense of style, then you’ll just have to get a graphic design artist to feel and see what you see. That he/she (the artist) may be able to express your vision and sense of fashion. May take a while to hunt one down (an artist) that knows exactly what you want on fabric You pay them to design according to your vision and dream and to what you know out classes the rest to be among the best.
March 3rd, 2008 at 6:27 pm
Do i need to know how to draw clothing in order to be a ceo of a clothing company?
April 2nd, 2008 at 7:08 pm
I know this is your opinion but I would have to disagree. Here’s my opinion: I believe that Everything should be protected because, If you put a great amount of time and energy into a Line and there’s passion behind it - the only result is success and I believe that we should always have that mind set despite what the masses or statistics say. Of course we have to be practical about different signs and situations, but at the same time our train of thought can definitely produce proportional results. The money spent to protect the line is nothing compared to the loss of loosing it and everything wrapped within it. That’s a sacrifice I’m willing to take.
April 8th, 2008 at 1:47 am
HOW IMPORTANT ARE INSIDE LABLES? DOES IT HURT YOUR SHIRT IF TAG READS (GILDAN, HANES…)?
April 8th, 2008 at 1:50 am
IS IT TO LATE TO GET IN STORES WITH SPRING, AND SUMMER APPAREL? WHATS A TYPICAL DEAD LINE?
April 29th, 2008 at 1:24 pm
Hi Gil! I’m going to put in my two cents about inside labels, though I think we’re probably off-topic for this thread.
PERSONALLY, I am totally turned off by a product with someone else’s label like Hanes, Gildan, Anvil, Fruit of the Loom, etc. It looks unprofessional, homemade (as opposed to handmade…) and unfinished IN MY OPINION. I buy woven labels and relabel every tee I use so that my brand is in the buyer’s face every time they look at my stuff…another good reason to put your own labels in there! 
Also, there are federal regulations about labelling when you are selling apparel….you MUST have care and content and I believe you have to have your brand-name OR RN number on the tag…..I’ll look for the link to that info….
As for Spring/Summer, those seasons were typically bought-for last Fall, so you are probably too late to get much out there, but some stores like to get little bits of stuff throughout the season to “fill in” where they have a need.
Lemme see if I can get a good link on fed label regs….
April 30th, 2008 at 9:19 pm
Which is better, Fabric or Print Lables? Which is also cost efficient. Not doing heavy volume yet.
May 11th, 2008 at 2:22 pm
I have a set of designs for this apparel line project that Iv’e been working on for a little over a year now. Iv’e gotten a patend search done by this company who specializes
in that field until i discontinued my buisness with them. Then i went as far as to hiring a
patend attorney he provided me with some preliminary drawings of my sketches. between the two parties that i have been doing buisness with it’s costing me tons of money and its not going anywhere fast. So my questions to you is how do i drop the middle man? How do i take matters into my own hands? and where do i go from here?
i need to know how to bring my product to market without it being so costly?
June 13th, 2008 at 2:26 am
There is a lot of misinformation on this website regarding the law, trademarking, copyrighting, and patenting. For the record, there is NO SUCH THING as a poorman’s copyright. This is a myth. As for trademarking the name and/or logo of your clothing line, yes you should do it. In the very least get a trademark search conducted by a competent trademark attorney. If you adopt a name for your line, and begin to market it, advertise it, sell it, and time goes by and you do well, and then you receive a cease and desist letter forcing you to change your name. Then what do you do? You have then lost thousands of dollars and time. It is truely heart breaking as I’ve seen it happen to many startups.
It is critical to have an experienced attorney do a trademark search and just register the name. In the grand scheme of things the initial fees are worth the piece of mind.