If you have a worldwide clothing brand like Gucci. When it comes to just the name and not products. What all classes should be trademarked when it comes to using the name being used on your own UA-cam channel, your own website/domain name, owning the name etc. I have my name and some logos trademarked as far as clothes, footwear, bags and rugs, but I’m wondering about owning my brand name in other areas before I pre launch
You can't own the name apart from products or services that you are making available to the public under that name. That's how trademarks work. That's why large brands own hundreds and sometimes thousands of trademarks.
@@trademarkfactory I don’t want to ask too much of you. But can you briefly say the trademark classes applied to the name being used on TV, Radio and/or UA-cam ?
Yes, as long as the use is not purely "ornamental." In other words, the mark on your shirt should be perceived as indication of source, rather than simply appearing there for aesthetic reasons. You should also watch this one: ua-cam.com/video/FBqocciZzIs/v-deo.html
Hello Sir so when I select class 25 for example it’s showing so many listings some says t shirts some says pants how I can select class that includes everything that class 25 covers not just few products or it will automatically means that I can sell anything that this class covers once I choose any from class 25?
You would need to provide specifics because "headwear" and "clothing" are too broad. So something like, "casual clothing, namely t-shirts, sweatshirts..." and actually list the types of clothing you want to cover with your trademark.
Hello, I have a plan to file trademark application under 25. Should I pick specific products to sell or have a broader application to cover whole class as clothing, footwear, headwear? Thanks!
Thank you for the video, I a starting an online clothing store that will sell other brands that will be purchased from wholesalers, we will eventually start our own clothing company and selling our own clothing brand. Should I register under class 35 now and add class 25 later or will class 25 cover me for my brand as well as other clothing brands sold in my online store? Also should I register my name or my logo which includes my company name? If I should register both, which would you recommend registering first? Thank you in advance for your time!
I would do 035 based on current use and 025 based on intent-to-use, assuming there is a reasonable prospect of you starting your own line in the next 3 or so years. As for name or logo, check out our cartoon here: ua-cam.com/video/n84GB-q10rQ/v-deo.html
@@ifimakeit This trademark is now under a cancellation attack from Nike, with a November 26 deadline to respond. Apparently, Nike is trying to cancel this trademark in response to a lawsuit the trademark owner filed against it. One of the points of contention is the definition of "combinations", and Nike's cancellation petition may not be too far off that "combinations" don't include hats, sweatshirts, or footwear. This is a PERFECT illustration of how important it is to properly define the list of goods and services in your trademark application. If you are the trademark owner, you are WAY past the stage of getting advice from UA-cam.
@@trademarkfactory quick question, why would my application be approved if combinations is not covered under class 25 for clothing, if I submitted, leggings, socks and hoodies?
@@ifimakeit Combinations ARE covered by Class 025, but they do NOT cover the entirety of class 025. In other words, just because you secured registration of the trademark for Combinations in Class 025 doesn't mean you have secured the entire class 025. And if you can't show use of the brand in connection with combinations, that is the only product listed in your trademark application, then your trademark can get cancelled for non-use.
Hi Andrei, would I still be protected for footwear if I have registered Class 25 for the United States but on my certificate my list of goods shows mainly clothing items. I ask because my supplier recently provided shoes that I can add to my store.
Great question. Short answer is "maybe." Longer answer is, if you're planning to make any money selling shoes under your brand, you should file another trademark application in Class 025 that would cover shoes. Given that you already own a trademark in Class 025, it should be a very straightforward and easy thing to do that can help you prevent ever needing to find out the hard way if your original trademark was strong enough or not.
ah thank you so much. I applied for a trademark and a company has a similar name to mine and same class but we have different goods for e.g i will be trademarking dresses, and they trademarked pants, can i get away with this? also they trademark skirts but i also want to trademark skirts, although their other goods are different to mine, can i get away with this?
No, you will not be able to get away with this. Dresses, pants, and skirts all belong in class 025 and are highly related. Having two independent companies sell their apparel under identical brands would cause confusion in the marketplace, which is something that trademarks are designed to prevent.
@@trademarkfactory Sorry for getting into it, but I have a similar issue. What if I have a similar brand name to a brand registered in US, but I want to trademark in Spain? where they are not stablished. I did some research, there's other brand in India with the same name and category than the one in US. Can I get away with this risking the future growth or would you recommend to rebrand? I'm in the beginning stages of branding etc... Thank you in advance, your content is super useful!
@@jinhuang1107 If the U.S. brand is not present in Europe, you may be able to get away with it--as long as you stay within Europe. I would strongly recommend that you don't copy the visuals of the U.S. brand (i.e. logo and designs should not look anything similar to the U.S. brand--or you WILL be in trouble.) Also I recommend that you get an EU trademark to cover yourself there.
@@trademarkfactory The logo and visuals are not the same, just similar name, but you're right, I will re brand the company because I want to expand in future and avoid the troubles. Thank you so much for your answer and time, take care 🙏
Hello I found your video, you are doing an amazing job. I am planning to start my amazon store and build my storefront but amazon requires to register the brand first. Now here is the problem, I am not sure what products I will be selling but I am considering to sell home goods, kitchen products and baby products so what class I should pick to register the trademark? with this type of brand class 35 will be good? I'd really appreciate your help here
Will the products you are going to sell through Amazon have your brand on the actual products or their packaging or are you planning to sell multiple brands that aren't yours?
@@user-ob2vp9ds5 I suggest you pick the most important products you KNOW you will be selling in the next 2-3 years and focus on that. Everything else you can file additional applications for. That's how the big boys like Apple and Amazon end up owning over 1000 trademarks in the U.S. alone.
Sorry to hear that. In some cases, you may be able to make corrections to your application at the office action stage. In many others, you'd need to refile from scratch. We may be able to look into it for you, if you're interested.
It's a best youtube channel about business knowledges
Thank you
Thank you for this video
Glad you found it helpful! :)
When is the 41 vid coming ?
Oct 24.
Trademark Factory looking forward to it Andrei :)
If you have a worldwide clothing brand like Gucci. When it comes to just the name and not products. What all classes should be trademarked when it comes to using the name being used on your own UA-cam channel, your own website/domain name, owning the name etc. I have my name and some logos trademarked as far as clothes, footwear, bags and rugs, but I’m wondering about owning my brand name in other areas before I pre launch
You can't own the name apart from products or services that you are making available to the public under that name. That's how trademarks work. That's why large brands own hundreds and sometimes thousands of trademarks.
@@trademarkfactory I don’t want to ask too much of you. But can you briefly say the trademark classes applied to the name being used on TV, Radio and/or UA-cam ?
@@wealthhealthsounds404 Entertainment and educational services typically belong in Class 041. Hope this helps.
Thank you for referring me to this video! Very helpful. Quick question, would a t shirt with my mark on it suffice as a specimen for class 25?
Yes, as long as the use is not purely "ornamental." In other words, the mark on your shirt should be perceived as indication of source, rather than simply appearing there for aesthetic reasons. You should also watch this one: ua-cam.com/video/FBqocciZzIs/v-deo.html
Hello Sir so when I select class 25 for example it’s showing so many listings some says t shirts some says pants how I can select class that includes everything that class 25 covers not just few products or it will automatically means that I can sell anything that this class covers once I choose any from class 25?
No, you have to specify specific types of apparel you want your trademark to cover.
Is just listening clothing, footwear and headwear enough for class 25 or do I have to be more broader in that class?
You would need to provide specifics because "headwear" and "clothing" are too broad. So something like, "casual clothing, namely t-shirts, sweatshirts..." and actually list the types of clothing you want to cover with your trademark.
Hello,
I have a plan to file trademark application under 25.
Should I pick specific products to sell or have a broader application to cover whole class as clothing, footwear, headwear?
Thanks!
You would need to list specifics. You can see what language is acceptable here: tmf.rocks/tmclasses
@@trademarkfactory Thanks!
Does this cover you internationally?
No, trademarks are done on a per-country basis. Check this out: ua-cam.com/users/shortsVHYssyh-iLI
Thank you for the video, I a starting an online clothing store that will sell other brands that will be purchased from wholesalers, we will eventually start our own clothing company and selling our own clothing brand. Should I register under class 35 now and add class 25 later or will class 25 cover me for my brand as well as other clothing brands sold in my online store? Also should I register my name or my logo which includes my company name? If I should register both, which would you recommend registering first? Thank you in advance for your time!
I would do 035 based on current use and 025 based on intent-to-use, assuming there is a reasonable prospect of you starting your own line in the next 3 or so years. As for name or logo, check out our cartoon here: ua-cam.com/video/n84GB-q10rQ/v-deo.html
@@trademarkfactory Thank you for taking the time to reply.
Does foot wear count under class 25
yes it does
Can you help me? My trademark number is 5002956, it says class 25 combinations, what’s does that mean
@@ifimakeit This trademark is now under a cancellation attack from Nike, with a November 26 deadline to respond. Apparently, Nike is trying to cancel this trademark in response to a lawsuit the trademark owner filed against it. One of the points of contention is the definition of "combinations", and Nike's cancellation petition may not be too far off that "combinations" don't include hats, sweatshirts, or footwear. This is a PERFECT illustration of how important it is to properly define the list of goods and services in your trademark application. If you are the trademark owner, you are WAY past the stage of getting advice from UA-cam.
@@trademarkfactory quick question, why would my application be approved if combinations is not covered under class 25 for clothing, if I submitted, leggings, socks and hoodies?
@@ifimakeit Combinations ARE covered by Class 025, but they do NOT cover the entirety of class 025. In other words, just because you secured registration of the trademark for Combinations in Class 025 doesn't mean you have secured the entire class 025. And if you can't show use of the brand in connection with combinations, that is the only product listed in your trademark application, then your trademark can get cancelled for non-use.
After register On class 25 can we launch raincoat ,umbrella.coat jackets ?
Umbrellas belong in class 18.
@@trademarkfactory ok
Hi Andrei, would I still be protected for footwear if I have registered Class 25 for the United States but on my certificate my list of goods shows mainly clothing items. I ask because my supplier recently provided shoes that I can add to my store.
Great question. Short answer is "maybe." Longer answer is, if you're planning to make any money selling shoes under your brand, you should file another trademark application in Class 025 that would cover shoes. Given that you already own a trademark in Class 025, it should be a very straightforward and easy thing to do that can help you prevent ever needing to find out the hard way if your original trademark was strong enough or not.
ah thank you so much. I applied for a trademark and a company has a similar name to mine and same class but we have different goods for e.g i will be trademarking dresses, and they trademarked pants, can i get away with this? also they trademark skirts but i also want to trademark skirts, although their other goods are different to mine, can i get away with this?
No, you will not be able to get away with this. Dresses, pants, and skirts all belong in class 025 and are highly related. Having two independent companies sell their apparel under identical brands would cause confusion in the marketplace, which is something that trademarks are designed to prevent.
@@trademarkfactory Sorry for getting into it, but I have a similar issue. What if I have a similar brand name to a brand registered in US, but I want to trademark in Spain? where they are not stablished. I did some research, there's other brand in India with the same name and category than the one in US. Can I get away with this risking the future growth or would you recommend to rebrand? I'm in the beginning stages of branding etc... Thank you in advance, your content is super useful!
@@jinhuang1107 If the U.S. brand is not present in Europe, you may be able to get away with it--as long as you stay within Europe. I would strongly recommend that you don't copy the visuals of the U.S. brand (i.e. logo and designs should not look anything similar to the U.S. brand--or you WILL be in trouble.) Also I recommend that you get an EU trademark to cover yourself there.
@@trademarkfactory The logo and visuals are not the same, just similar name, but you're right, I will re brand the company because I want to expand in future and avoid the troubles. Thank you so much for your answer and time, take care 🙏
@@jinhuang1107 smart choice
Hello I found your video, you are doing an amazing job. I am planning to start my amazon store and build my storefront but amazon requires to register the brand first. Now here is the problem, I am not sure what products I will be selling but I am considering to sell home goods, kitchen products and baby products so what class I should pick to register the trademark? with this type of brand class 35 will be good? I'd really appreciate your help here
Will the products you are going to sell through Amazon have your brand on the actual products or their packaging or are you planning to sell multiple brands that aren't yours?
@@trademarkfactory it will be my brand, I am planning to do private labeling
@@user-ob2vp9ds5 I suggest you pick the most important products you KNOW you will be selling in the next 2-3 years and focus on that. Everything else you can file additional applications for. That's how the big boys like Apple and Amazon end up owning over 1000 trademarks in the U.S. alone.
@@trademarkfactory nice thanks for the help
I will file my trademark application for class 25.
Should I pick specific products or register whole class under
clothing, footwear, headwear.
your voice is like batman
I wonder if it's a good thing or a bad thing :)
Damn. I think I messed up my trademark.
Sorry to hear that. In some cases, you may be able to make corrections to your application at the office action stage. In many others, you'd need to refile from scratch. We may be able to look into it for you, if you're interested.