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if you intend to produce your own line of goods, you'll definitely want to trademark your name and or logo with the US patent trademark office. ( uspto.gov ) be sure to figure out exactly what types of clothing to plan to manufacturer under your own label prior to applying for the mark, as the trademark does not cover "general clothing". Each type of clothing you plan to protect under your mark will have to be specified within your registration application. (ie: workout wear, active wear, business suits, t-shirts, etc..) so planning ahead is important. Of course you can always add items later on with an additional application, but it's easier and much cheaper in legal fees if you can include as wide of coverage as you plan to utilize in the initial application.
Keep in mind that if you file for your trademark prior to manufacturing and distributing your line, (which is filed as "intend to use") you only have one year to get your products on the market. (you can file an extension if you're running behind that will buy you an additional six months) But within that time frame, you're required to file a "statement of use" and submit product samples to prove that your mark is being sold to the public. (this keeps people from registering marks, then just sitting on them and holding them for ransom much like the dotcom hijacking that's all too common) If you wait until you're already using the mark in your manufacturing, you then only have to file the statement of use application. It'll save a little money and effort, especially if you intend to use an attorney, but the intend to use filing will buy you an additional year of time if you're concerned about locking up the name.
PS. if you're planning on using a logo for your mark, beware of hiring graphic artists to create your logo, as many have tried to claim rights to the logos they create, even though you've paid them to create them, and even attempt to place restrictions on how their used in your business without additional "royalty" fee's. Many have tried to contest the filing of trademarks claiming copyright ownership of their artwork. If you do use an artist, make sure to have them sign a release that any works created for you, that you've paid for, are your legal property, and that they waive all rights to any further compensation or ownership and future profits. (attorneys are always helpful with these things)
Hope this info helps.
Larry Garman
Dangerous Curves Swimwear
DCswimwear.com
Last edited by DCswimwear.com; 02-24-2008 at 02:23 AM.
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