how to trademark designs

Discussion in 'Classic Menswear' started by pilgrim, Mar 2, 2005.

  1. pilgrim

    pilgrim Member

    Messages:
    19
    Likes Received:
    0
    Joined:
    Nov 22, 2004
    Location:
    Manchester, England
    I am in full flow in a custom made, hand-painted tee-shirt business where I have designed over 160 various designs. I have sold over 25 in under a month and I have a company logo and tradename, The Arcade Superhero Tee-Shirt Design Company, and I have been asked to show my portfolio to some local Asian (Indian etc) businessmen. The question that I am asking is this, how can I patent my designs and logo so my products can be protected. I'm expanding from tee-shirts to polo shirts with just my logo on the left side. This is my logo: http://img.photobucket.com/albums/v6...JADOG/logo.jpg Please help.
     


  2. Renault78law

    Renault78law Senior member

    Messages:
    2,141
    Likes Received:
    63
    Joined:
    Jan 29, 2003
    Location:
    Los Angeles
    patents are irrelevant to the discussion your design is probably already protected by copyright if you want to register it as a trademark, go to your country's version of http://www.uspto.gov/ and file an application have them sign a confidentiality agreement
     


  3. j

    j (stands for Jerk) Admin

    Messages:
    14,914
    Likes Received:
    93
    Joined:
    Feb 17, 2002
    Location:
    Seattle, WA
    In the US, for copyrighting a design (not a trademark), one can mail a copy of the design to oneself, probably via certified mail, or probably to one's lawyer/agent. The sealed envelope with dated postmark is considered proof in event of a dispute, that at that date you had already come up with the design. It may be similar in UK. If anyone rips off your logo, you can always point them to this thread. [​IMG]
     


  4. hermes

    hermes Senior member

    Messages:
    1,020
    Likes Received:
    0
    Joined:
    Jan 27, 2003
    Location:
    canada
    anything you create has an 'automatic' copyright just by the fact that you've created it - proving it's your creation is another matter all together

    trademarking is a whole other topic and rules vary from country to country

    visit a lawyer who deals with trademarks
     


  5. tgfny

    tgfny Senior member

    Messages:
    370
    Likes Received:
    0
    Joined:
    Mar 3, 2005
    Doesn't matter what they sign, they can still illegally knock it off if they want to. One of the big issues in Asian production.
     


  6. NoVaguy

    NoVaguy Senior member

    Messages:
    6,530
    Likes Received:
    110
    Joined:
    Oct 15, 2004
    Location:
    Guv'mintFlunkyLand
    You need a trademark, not a patent. Â (Trademarks words, names, symbols, sounds, or colors that distinguish goods and services, patents protect inventions, and copyrights protect works of authorship). Â (DELETED) check out the USPTO's site to get started. Â http://www.uspto.gov and http://www.uspto.gov/web/trademarks/workflow/start.htm (DELETED) Edit : Also check out the FAQ at: http://www.uspto.gov/web/offices/tac/tmfaq.htm
     


  7. NoVaguy

    NoVaguy Senior member

    Messages:
    6,530
    Likes Received:
    110
    Joined:
    Oct 15, 2004
    Location:
    Guv'mintFlunkyLand
    Here's what the PTO says about lawyers in the FAQ:

    Do I need an attorney to file a trademark application?

    No, although it may be desirable to employ an attorney who is familiar with trademark matters. An applicant must comply with all substantive and procedural requirements of the Trademark Act and Trademark Rules of Practice even if he or she is not represented by an attorney. The names of attorneys who specialize in trademark law may be found in the telephone yellow pages, or by contacting a local bar association. Trademark search firms are often listed in the yellow pages under the heading "Trademark Search Services" or "Patent and Trademark Search Services." The USPTO cannot aid in the selection of a search firm or an attorney.
     


Share This Page

Styleforum is proudly sponsored by