Your clothing line must be unique with an original name, slogan, and logo in order to qualify for trademark protection. Generic or descriptive names wont cut it. Once youve chosen a name for your clothing line, that trademark becomes the element distinguishing your line from your competitors.

Do you need to copyright your clothing brand?

Once your clothing brands name, tagline, and logo are ready, before you go any further, you should protect your companys trademarks and copyrights. Trademarks and copyrights fall under the general category of “intellectual property, which are intangible creations of the mind.

How do you get your clothing line copyrighted?

Designers or companies interested in the trademark of a clothing line can file an application with the United States Patent and Trademark Office (USPTO) to register all products and services flowing from the fictitious DBA name on the application.

Can you have a brand without a trademark?

Registering your business name for a trademark isnt required in order for you to have trademark rights. However, a registered trademark can provide greater protection for your brand while helping you build your brand and drive business growth.

Do you need a trademark to sell merch?

Before you can sell merchandise bearing another companys trademarked logo, you must first get a merchandise-trademark approved. Each university, sports team or company has its own requirements for trademark approval, but in most cases, it involves an application process.

Can I sell clothes without a trademark?

Your clothing line must be unique with an original name, slogan, and logo in order to qualify for trademark protection. Generic or descriptive names wont cut it. Once youve chosen a name for your clothing line, that trademark becomes the element distinguishing your line from your competitors.

How do I protect my brand name?

Protect Your Brand Name in 5 StepsRegister your domain name. Domain names are an important part of any business brand today. Trademark your business name and logo. Use your brand. Monitor your brand. Deal with infringement immediately.

Can a design be copyrighted?

If you create original sketches of your designs, those sketches are protected by copyright law. That means that no one can copy, distribute, publicly display, etc. Copyright law protects the designs on the surface of clothing just as it protects designs on the surface of a canvas or sheet of paper.

What happens if I dont have a trademark?

Having an officially registered trademark for your business is not actually a legal requirement. However, if you do not have a registered trademark, the legal position is that you do not have good legal rights to your name or brand. You may not even own your name or your brand.

What happens if you dont trademark your business name?

If you do not register your trademark, you will have legal rights only within the geographic areas where you operate. This means you may be able to stop a subsequent user of the mark, even if it is a bigger company, from using the mark in your geographic area only.

Can I paint a logo and sell it?

NO. The use of a company logo without permission from the owner would likely violate both trademark law and copyright law. Create a totally new version - think of an abstract version of the Fenway Citgo sign - colors and basic shapes might be okay to copy - but the art should be your own.

Is a trademark necessary?

You dont necessarily have to register your trademark with the U.S. Patent and Trademark Office (USPTO), but you can benefit from it. U.S. trademarks can last forever, as long as the trademark is used in commerce and defended against infringement.

Should I trademark my logo or name?

Which One Should I Trademark? It depends. Higher value tends to lie in name recognition rather than familiarity of a logo. Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself.

How long does a trademark last?

How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

How do you know if a design is copyrighted?

You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.

How can I protect my brand without trademark?

12 Ways to Legally Protect Your BrandProtect Your Web Content. Set up Google Alerts. Use IP Protection. Create a Distinctive Mark. Register Your Trademark. Get a Patent. Create an Employee Handbook. Trademark Your Brand.More items

Why you dont need a trademark?

Why You Dont HaveTo Register Your Work Because Copyright Law already protects your ownership over the work. The law doesnt stop working for you just because you elect not to register your copyright with the government. Also, registration fees can really add up since each piece of work must be registered individually.

Should I get a trademark or LLC first?

In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. However, there may be an even stronger reason to apply early.

Is it illegal to put a logo on a shirt?

Trademarks or copyright can protect logos, and both forms of intellectual property protection restrict how others may use the logo. Selling shirts with copyrighted images isnt impossible, but you should never use someone elses logos on your T-shirts or other clothing without their explicit permission.