You say that you need to prove your selling these items.. but im trying to get a trademark before selling as i dont want a idea to be stolen before trademarking... im lost
Hey guys ! I got my logo stickers made off amazon! They where silky like stickers very fine and able to peel on and off if a mistake was made, thanks for this video!
I would love clarification on this info. My searches online say you can trademark before selling. They call it an "Intent To Use" application. I would love feedback on this.
Thanks. So in order to file the trademark before i send my designs or logo to a manufacturer i should sell a few products in another state then file my trademark? Or is it possible to get the manufacturer to file a non disclosure agreement
Awesome video Josh, thanks for the great info. I have a question. If I use a portion of a trademarked design, for example; the left half of a soccer club logo, in a design of my own, would that be considered Infringement of Trademark? Thank you.
The USPTO does not require proof of purchase, however, if your trademark is every involved in litigation you will need the business records to prove your sales.
@@JoshGerben ok because I was worried to put my logo and name out publicly before the trademark process. I'm starting to file next week. Therefore would it be protected the day of the filing? I forgot the term
I would recommend you engage a trademark attorney to help you work through your questions. There are a lot of nuances to the process that an attorney can assist you in navigating.
Thank you, your video provided me with some insight. My concern is that I reside in the country Mexico now, aside of haven lived in the USA for many years in the past and now I ned to resgiter a trade mark. Can one as a foreigner and living in another country still register ones own trade mark and products with the US patten office or is one obligated to register the trade mark in the country that one is living and doing business in online? Or does one use a different patten office here in México and if so do would you know the name of the proper reputable office?. My major concern is I don't want to be taken advantage of by a non official third party registering company that may or not be legal. Thank you once again, Respectfully your audience youtube viewer.
Hi Marion-- Yes, someone living outside the US can register a trademark in the US. We assist clients like this all of the time. You can get to gerbenlaw.com and fill out a contact form if you would like our assistance.
You should file trademarks before disclosing brand names and logos. The filing date of an application becomes your federal priority date provided the trademark ultimately registers.
You can use the USPTO's online search tool. Just be careful, it is not a definitive search. There are significant limitations with the tool. www.uspto.gov/trademarks/search
You can file an intent-to-use application to secure a priority date. Then, once sales begin, the USPTO will finalize the registration (presuming there are no other issues).
@@JoshGerben I created two preppy clothing lines which will initially consist of T-shirts, Sweatshirts and baseball caps. Your advice is to file an intent to sell across state lines and afterwards file for the trademark. What ballpark figure or amount in total would it cost to get a trademark within the clothing category?
Hello I’m having a problem, I want a name like Dior… although they’re Christian Dior I need my name for instagram, Facebook etc so I can have the name to help fuel my brand pls sir if you can help me we will go to the top I’ve got a beautiful idea !!
You say that you need to prove your selling these items.. but im trying to get a trademark before selling as i dont want a idea to be stolen before trademarking... im lost
He wants us to hire an attorney
So I can't get a trademark until I sale clothing but how do I know that my brand name is ok to put on clothing if I cant trademark before I sale
Michael Dismuke why even comment that if it doesn’t help??
Exactly what I’m wondering
Hey guys ! I got my logo stickers made off amazon! They where silky like stickers very fine and able to peel on and off if a mistake was made, thanks for this video!
but how can I sale something before trade marking it. sounds like a catch 22
I would love clarification on this info. My searches online say you can trademark before selling. They call it an "Intent To Use" application. I would love feedback on this.
So attorneys have access to some special covert software? 🤣😂🤣😂
That is called a law school.
Thanks. So in order to file the trademark before i send my designs or logo to a manufacturer i should sell a few products in another state then file my trademark? Or is it possible to get the manufacturer to file a non disclosure agreement
What if I sell 1 shirt to another state? Is that enough?
he's a bad explaining lawyer.
Awesome video Josh, thanks for the great info. I have a question. If I use a portion of a trademarked design, for example; the left half of a soccer club logo, in a design of my own, would that be considered Infringement of Trademark? Thank you.
Love your videos, straight, professional and to the point. Thanks
Thank you! Glad they are helpful. Love your movies.
Step 3- does it require a receipt or some proof of purchase? I have the tags on the merchandise and have it on a website
The USPTO does not require proof of purchase, however, if your trademark is every involved in litigation you will need the business records to prove your sales.
@@JoshGerben ok because I was worried to put my logo and name out publicly before the trademark process. I'm starting to file next week. Therefore would it be protected the day of the filing? I forgot the term
I would recommend you engage a trademark attorney to help you work through your questions. There are a lot of nuances to the process that an attorney can assist you in navigating.
@@JoshGerben ok thx Josh
Do I have to include the ™️ symbol on my label to have it trademarked?
Excellent. Thank you so much.
I am glad you found the video helpful!
Thank you, your video provided me with some insight. My concern is that I reside in the country Mexico now, aside of haven lived in the USA for many years in the past and now I ned to resgiter a trade mark. Can one as a foreigner and living in another country still register ones own trade mark and products with the US patten office or is one obligated to register the trade mark in the country that one is living and doing business in online? Or does one use a different patten office here in México and if so do would you know the name of the proper reputable office?. My major concern is I don't want to be taken advantage of by a non official third party registering company that may or not be legal. Thank you once again, Respectfully your audience youtube viewer.
Hi Marion-- Yes, someone living outside the US can register a trademark in the US. We assist clients like this all of the time. You can get to gerbenlaw.com and fill out a contact form if you would like our assistance.
What if I don’t live in the us? Is it still best to register via uspto? Even if located abroad? I want to open an online store
How much is a trademark attorney and how do I find one?
If the company I use doesn’t offer personal logo tags but they offer “direct to garment” would that work to get trademarked?
How do you protect yourself from other people like your designer or others that see your brand before you get your items trademarked?
You should file trademarks before disclosing brand names and logos. The filing date of an application becomes your federal priority date provided the trademark ultimately registers.
I’ve seen people use the same clothing name
How much you charge boss?
how much would it cost to hire an attorney to do the search?
Every law firm is a little different. Our firm charges $650 for a full US clearance search.
if store made hat with no name brand can i buy the hat and put my name brand to it, even somebody is doing the same thing with the hats
What website do I use to do a trademark search?
You can use the USPTO's online search tool. Just be careful, it is not a definitive search. There are significant limitations with the tool.
www.uspto.gov/trademarks/search
So I have to sell clothes before I can get it trademarked?🤔😔
You can file an intent-to-use application to secure a priority date. Then, once sales begin, the USPTO will finalize the registration (presuming there are no other issues).
@@JoshGerben
I created two preppy clothing lines which will initially consist of T-shirts, Sweatshirts and baseball caps. Your advice is to file an intent to sell across state lines and afterwards file for the trademark.
What ballpark figure or amount in total would it cost to get a trademark within the clothing category?
Weasel
Reach out to me.
Hello I’m having a problem, I want a name like Dior… although they’re Christian Dior I need my name for instagram, Facebook etc so I can have the name to help fuel my brand pls sir if you can help me we will go to the top I’ve got a beautiful idea !!