Do you have a brand name you would like to trademark? Have you considered what efforts are needed to protect your logo? If you file for the "plain text" of your name before you do anything, this will allow you the opportunity to guard your name and worry about your design at a later time. Applying for a "plain text" trademark for the name only ensures that name is yours and cannot be used by anyone else. Typically, the trademark is displayed on the clothing items themselves.
Your trademark represents your clothing, and it gives the public a sure way to decipher your product over others. By registering your trademark federally, you are protecting the mark legally. This prevents the risk of consumers from choosing other products over yours due to confusion. This also gives you the opportunity to grow your popularity through the brand you have built.
It would be best if you start by ensuring the design and or name are available. Hiring a trademark attorney is an excellent first step. The search process is tedious and should be done correctly to prevent any problems later regarding your brand name. The database for filings regarding clothing trademarks is more extensive than all other matters filed with USPTO. A key factor is to create a unique name that can not easily be distorted.
Prior to receiving a registered trademark, the brand name must present itself with the small "TM" symbol to indicate a trademark. Once you have confirmation of acceptance, you may then add the "R" circled to reveal registration. Most trademarks are explicitly shown on the tag or label displayed on the particular item.
The answer is yes! In order to submit an application to the United States Patent and Trademark Office (USPTO), it has to be filed under class 25, which is specific to clothing, unless the items are sold only online, then it would be class 35. Also, proof must be shown that all articles of clothing are being sold in at least two separate states, with the brand name posted on the tag or label. Once the trademark has been registered and approved, it is critical to conduct frequent searches to ensure no other company is infringing upon your brand in any way. Overall, the process is extensive but ensures your clothing brand is protected through and through.
At Wilson Legal Group, we have experienced and professional intellectual property attorneys that offer a full spectrum of trademark services. We turn ideas and knowledge into assets for your business. If you are prepared to take the next steps to help your brand flourish, reach out to our firm for a free consultation.
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