Should I copyright my logo? trademark? patent??
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- čas přidán 14. 08. 2016
- Learn when it is best to trademark, copyright, and patent. Use these tips to help decide the best move for your brand.
To start your trademark: www.uspto.gov/
Get your brands labels: www.apliiq.com/site/how-to-st... - Jak na to + styl
the music is really over powering the ability to hear you guys or to focus on what you're saying
Sorry, we can't help but rock out! Will keep the volume down in the future. ;-)
Instablaster
I’m really just confused on why its music playing in the background to something that is very important to ppl that wanna listen to the information that’s giving. Yea the information was cool I guess but I’m pretty sure it hasn’t synced in everybody’s head due to the music
all i wanna say is ppl really sleep on your videos cuz this shit is helping
You can also file a trademark for intent to use. You don’t necessarily need to be already using it. Trademarking is essential for a business. Your biggest problem will be China once you get popular enough. The only way to stop them is to have better quality so people can instantly know if it’s fake or not. Or just have a team dedicated to tracking down we’re fakes are sold them stoping them with court orders and such.
This has been very helpful. I'm much less afraid to get started now after hearing you guys talk about usage of the logo FIRST. No lie, I had been stuck in a downward spiral of "what if". Thanks for the (not legal, but friendly) confidence boost!
This was extremely, extremely helpful!!!! The only thing I’ve heard that has made sense!!! Thank you sooooo much!!!!!
You are greatly understating the trademark process. LOTS more than a simplistic glimpse of Federal trademarks at the USPTO. KNOWING the business name is LEGALLY CLEAR, owning it is huge to control the most important IP issue business owners face. IF your trade name is actually infringing, the other company has 6 years to find you. This is what a COMPREHENSIVE SEARCH accomplishes. It can be done by a reputable trademark attorney or a specialty firm like us. Because there's no way to do yourself a $400 COMPREHENSIVE SEARCH that takes 5-6 hours to catch if a proposed trade name may be infringing on anyone else's prior trademark at the USPTO or any of the 50 States or under Common Law where companies have rights if they are using the same or LIKE name in sound, appearance or meaning even just 1 day before you in commerce. This is a very specialized task and needs a trademark attorney to analyze any resulting conflicts or similarities. IF clear, and you have the funds - get the trademark - as you should if advertising on Amazon. Own the name. No surprises later. What you build you keep. IF you do not have the $275 to file a trademark application, then wait. Test the market. If all goes well, THEN trademark. If not, you spent $400. Cheap. BUT IF the name is blocked, pick another name! Don't worry about slogans or logos!
Why are logos not important?
I'm going to watch all the videos
I love the way u bring it??... Yea bring it!
You guys are awesome! Very informative! Love the passion guys, God bless.
Super super helpful. You guys really gave some good stuff to think about. Really enjoyed your chill presentation too.
Thanks to the lawyers in this video, it helped alot.
Thank you thank you thank!!!! Straight to the point and super informative.
Super helpful guys! thanks
This information was needed 💯💯💯
Cool..thanks
Great video!
Why play music on a video thats explaining something to people????
Very obnoxious eh?
more videos like this can help my li cuz is trying something new and needs vidz like this.
Thanks this was helpful
Good info guys♥️♥️
Thank you so much , I'm 18 trying to brainstorm about creating my own brand . Hopefully we can stay in contact !
same I'm 18 and ordering my sample today!!! GOOD LUCK TO YOU!!! WiSH YOU THE BEST!! I WOULD LOVE TO KNOW YOUR BUSINESS NAME!
Thank you !
If your starting a music band. You want to trademark the Band Name, and also the artist names performing in that band correct?
Thanks!
Thanks so much for the video! You guys mentioned that using a mark grants you a bit of protection. From a legal standpoint, how valid is that statement? I'm a bit worried about putting my brand in front of a larger audience (via social media) in case someone tries to steal my ideas. Thanks in advance! Best regards from inland empire California!
So Ive done a search and there doesn't seem to be a brand name in the brand name that I'm using to brand one of my products, but, theres a physical store up north that uses the name, but not as a brand...but as a store name that sells boats with different big name brands... Do you think that would be an issue ?
How do I protect the logo and name of my dating app that I have coming out before releasing it to the public?
Can I register a LOGO "ONLY" without trademark - is it cheaper this way ? does it protects ? thanks
All good information.
Even though you give a disclaimer that you're not lawyers and are giving legal advice, your actually are giving legal advice.
This is legal advice on how to get government protection of your creations.
Good morning, thank you for the video, I have a question. If you have a video game named Heavylevel. And then you know you're going to make another video game with the same name but version 2, example Heavylevel 2 would you need to trademark just the first name or both names or would this be considered a derevitive? there is a video game named Grand Theft Auto, and now they're at Grand Theft Auto five I wonder if they had to trademark each name and I wonder if they have to trademark names for the future or can somebody come and trademark those names for instance they are at Grand Theft Auto V and then would they have already trademark Grand Theft Auto 6 and 7 and 8 if they know that they're going to continue making these games?
John Daniels I don’t know for sure but I’m guessing you don’t have to because if your first game does well and it just has a two at the end of it then there shouldn’t be a problem.
I think there are some built in protections on sequels, but at the scale of GTA, they'd likely file the trademark on all versions to make sure protections are airtight.
Thank you guys 😊. Many blessings in return neighbor
✊🏼✊🏼✊🏼
Hi, can you help me to order tshirt from Bella Canvas ship to MY?
If someone already trademarked the name I want to use can I still use that name but with a different font?
GREAT VIDEO
Thanks a ton.
I thought of a name that wasn't on the uspto but I did find some hoodies and hats mocked up with that name on Google images, I clicked the links and they were all dead. It looks like someone started using it and quit without registering. Should I continue with it?
Just wondering. Do I have to be a USA resident to apply for all these? Cheers from Brazil.
Do I trade mark my design for t shirt and posters. .
The music is super distracting throughout the video, maybe turn it done once you've started talking. Still, it's great content, thank you!
How do I trademark a brand name. Also, What if I have three different designs for my brand. How would I copyright it or trademark?
You can get started registering your brand at uspto.gov but be sure to watch this vid first! You can copyright as many designs/slogans as you want!
So I have been doing youtube for a year now and I want to start claiming my name and logo, do I need an LLC? Or just a trademark for both the name and design? Also do I need this to sell merchandise? I would really appreciate it if you responded, also this video helped out a lot.
Thank you! Definitely start selling merch with your logo first. Then you can file a trademark. Don't stress the LLC until you're growing and have a bigger thing. Peep our most recent vid for more on the LLC situation!
How long does it take to receive an approved registered trademark?
Quick question? What if you make a brand sell some stuff but you havnt copyrighted it and then someone else takes your logo and name and copyrights it and nabs it
I just made a logo for my business.. however I have not used it on any type of product .. However, I have use my business name for about 6 years now (just without a logo).. what do you suggest - Copyright or Trademark as stated, I just created my logo...
If you are just getting started and are sending your design ideas to get an estimate from manufacturers, do people usually have manufacturers sign a contract before sharing their designs? to prevent stealing or selling ideas, etc? Or do you just trust them. What should I do?
Rivka Samia wow this is a really good question, I’m just starting out and I’m wondering the same
I'm in the process of creating a brand that sells and designs enamel pins but I'm unsure of how I should go about the whole trademark/copyright process or if I even have to do it I've been trying to do research for my situation but nothing really seems relevent to me what should I do?
Good question. You should certainly consider trademarking your own brand. As far as copywriting your designs, you may want to do that if you find something is super popular but in general it's not necessary.
How to do it
Thanks for this info. Couldn't someone catch on to your idea and try to steal your TM before you get a chance to register if you're waiting to make $10,000 first?
thats real I really hope your question is answered, because for real this is my one big worry
I don't know why you would be telling anyone the idea. It seems like based on the explanation that if you proved that you have been using previously it that you are in the clear.
you have common law rights and you have other opportunities to contest the registration of a mark similar to yours. before any mark is published, a mark is posted in the USPTO monthly Gazette for publication which puts the public on notice and they have 30 days to contest the registration. if someone stole your mark and tried to register, you can contest it but you must prove prior use in commerce. only bummer of not registering your mark is that you cannot sue for statutory damages for trademark infringement claim.
Always keep your ideas to yourself until you protect it
@@epikderpywhale2056 same. It seems case by case. What stipulates "use" and when is it deemed stealing if you havent trademarked, but have clearly been using your logo for a long while. Making ownership clear. I think that is the literal grey area
🤣🤣🤣you funny guys...but is real is very important topic man
Music???
Was there any consequences for profiting from a design similar to the other delf company??
So for starting a brand don't worry about trademark? Build your brand first? Also is it OK to market online via social, that's what I was worried about someone copying my designs.
Yes you gotta get the brand out there first, then you can apply for a trademark. As far as design copies, it happens all the time and is really hard to protect. You can protect your logo and name, but the designs are tough unless they're copyright protected and you are willing to go after people who infringe on your designs. We recommend getting started and sharing your work! The market will decide who the original is :)
Apliiq So do you guys manufacture apparel for brands with custom designs and logos or is it only pocket style tees?
We do manufacture apparel other than pocket tees. Custom Designs. Custom Logos. Your own woven label!
As long as you have the native files for the design. You are the owner of that artwork because when ever a file is created it records the date it was created so you can go by that date in case someone else has something similar. You would have the earliest date of creation with the native file.
aggressiv hustlr can't people try tweaking the dates tho?
I'm in the process of building a smartphone app, I do know that my developer has to sign a NDA (non disclosure agreement) before anything is created. However, should I get a trademark for my logo and name before I release my app onto IOS & Andriod's market place or should I develop the app and place it on the market and let it grow in downloads and then consider getting a trademark?
You should probably protect the name before it goes live.
If i have a term “name” i want to use on hats do i have upload a picture of the hat with the logo name on there or can i just apply for it under clothing use. Also if im just trademarking the name does it matter how i use it for instance if i want the logo to be written in cursive...
Again, we aren't your lawyers, but in general the more proof of use you provide the better. Each design is a separate trademark. You cannot just trademark a name for every possible font/use. Hope that helps.
I think i got u weren’t my lawyers from the intro of the video but thanks anyway
Hey guys I was wondering if you could give me some of the wholesale price ranges for the Bella+Canvas tees you use
Yo! We can help you source Bella+Canvas for sure. We find their pricing to be pretty consistent with American Apparel. Holler at CS@apliiq.com if you're looking to order a specific style and we can hopefully help!
what if the design of the clothing is new as in the shape of the apparell
Maybe you can apply for a design patent. Not sure though, can anyone weigh in here?
what about if someone jumps in front of me and register my trademark first, even after I've being selling my product for a while?
They will look at proof of who is using and has been using. Who was using it first etc.. Honestly I would focus on selling and branding growing a loyal customer base. The trademark isn't really that important in the end if no one is buying.
How do I find out if my logo design is already in use? Does the website search everything to find my logo? I’m just starting out and trying to get info on Trademarks. Good video
Do your research on Google etc.. online Then, act on what you've found. You will get a cease and desist before any thing more serous prevails. To take people to court takes time and money plus they need to be making money to actually sue them :)
Great info! But the music is distracting.
Did you say 100 woven labels?
Appreciate the advice, but the music is soooo loud my dudes.
I'm assuming that this is after you file for a Sole Proprietor / LLC in your business plan?!?
We definitely recommend starting with a biz plan yup!
Hey guys, I recently had a logo uniquely designed by Vistaprint for my small business. In addition, my business has a unique name. I did the research and have not found anyone else using it. Regarding the logo, can I copyright it even though Vistaprint designed it?
Great question Francisco, you'd have to check who has ownership rights with Vistaprint. I bet (hopefully), if you paid them to design it for you, you should own it. Let us know when you find out!
My company offers a service...I'm assuming that I would need to apply for a service mark?
Worth doing some more research - we haven't worked with service marks before.
Thanks for your help guys..good luck with your business.
that was really helpful right there
Thanks so much! Glad you found it helpful.
I have a logo that's actually my name spelled backwards in different sizes, font types and colors. Do you think its necessary for me to get a trade mark/copywrite/patent for that? it has a couple of rectangular shapes but not to extra. My name is Jaivis which is completely rare for a female. In the states I'm the only female jaivis and 1 of 3 person with the name in USA and spelled backwards nobody has that name. So I can prove all of this because its my name and the name of business I own. So would it steal be smart incase the other 2 male with my name came after it? We don't spell our names the same and im a female. what do you think? oh by the way its unisex graphic t-shirt business. I just started.
Jaivis & Jessica Yes!!
Wait then how is Powerade still a legal brand since it's similar to Gatorade and they both sell the same thing wich are sports drinks? Also Gatorade was founded first in 1965 and Powerade in 1988.
The Lost Banana my only guess would be the difference in founding. Gatorade was probably already a famous enough drink so when Powerade came along Gatorade and the trade mark people shrugged it off
They are different names.
Awesome so basically make money first.
Do you need to copyright or trademark ever design you make and put on clothing ? Or just trademark your logo?
That would get expensive.
Logo is the most common approach.
great info an the music ain't too loud!!! i hear ya!!
ghetto ass.
We paid a lot of money for one of our trademarks and someone is still using it. Although we could go after them. I know they aren't making any money so it is more of a waste of time and money right now. I use to overthink all of these things. Now I just make a move and wait for someone to tell me something is wrong like Zuckerberg 🙌
Bloggin Brandi I’m surely over thinking cause I’m just now getting started I’m so confused don’t know where to start i have a brand name but don’t know what I should do either copyright are trademark which I’m not making enough money for the trademark 😫😫
Sasha smith i was in the same situation as u when i started to make my clothing line. No one is going to give u a straight answer THE GAME IS TO BE SOLD NOT TOLD u dig, thats just the way it is. But ill give u abit of the game, first u want to do ur research n find the best quality blank t bella canvas is good both materials n price point. Next find a local screen printing business in ur area n get ur brand printed on. Next sell ur brand shirts to ppl that u know relate to ur brand. Next get a domain name from godaddy.com, pay a freelancer to make ur designs/ logo. Then register ur logo with a Then pay a freelancer that is experienced in web designs to make a website for you. Then u nedd to find someone to help u find ur target audience/ marketing, then u need them to track ur sales how much u got how much u sold etc.. n u need an overall business plan from the jump of where u are to were u wanna go. And always put back the money u make from sales bak into the business otherwise ur business will fail guaranteed. I just gave u what nobody gave me NO BODY PERIOD! It was alot of stress n sleepless nights because i learned this much on my own thru watching vidmeos no one would help me probably aged 5-10 yrs lol. Anyways im still learning as i go if u or any one can give me help on things I don't know plz feel free to share information with me n help me on my journey in bringing my clothing line to the market. Wish everyone the best of luck!
if you don't defend it, it loses its power, which can make it useless. Pursue the death penalty, even if its the girl scouts making a hell of a typo just once.
Things like Escalator and Zipper are brand names, trademarked, but not defended, and now it's gotten so bad that despite it being trademarked, nobody knows what else to call them even tho escalator, and even if they suddenly were like im suing everyone, they'd not win. Defend your trademark.
can i copy asong title and make it clothing line
Short answer: possible to get away with it for a while, depending on the song and what protections the artist or record label has taken to protect the work.
Long answer: probably not a good long term strategy for a business you are serious about.
Additional resource: www.thelaw.com/law/are-song-titles-lyrics-protected-by-copyright-or-trademark-law.317/
Can you please repost this video without the music?
So you guys manufacture clothing? So I can hire/pay you to make my clothes for my clothing line? Will you ship as well? Sorry I’m new to your Channel.
Yes, yes, yes.
Do you get your money back if you trademark doesn't pass?
Hahaha, we wish! We'd be owed some money. :-/
No, the cost is the cost to "APPLY" for a trademark, whether it is approved or denied, you have already paid to apply.
That was too bad what happened to your original brand bro...
Will a poor man Copyright work until i get the money to do it thru the goverment the proper way? An what is the best way to format the wording like what kind of words are best to use for when i write out the copyright??
Mark Martinez it can be effective, but you really need to research your name and industry before you get started with branded products. Either way, if someone is doing the same thing with the same name you may run into an issue
Apliiq - I've done my research on the name all aint no one with the similar name or the same business
Mark Martinez go get em
Apliiq ok for writting it out what the best way to start off with writing out the copy right???
Useful info but the music is too loud for this type of video.
Less play, LESS music! More information.
People keep stealing my logo, literally look up crazed gaming and scroll through
Did You trademark Apliiq?
yep
Would you suggest I get a lawyer to assist with getting a trademarking?
Eventually you may need one. There is a lot you can do on your own, but you are paying them for the research and digging into records on your behalf etc.. I wouldn't jump into anything until you start using the "trademark" either way you will need to be "using it" to win your case. There can be a lot of red tape, but Google is your friend :)
Bloggin Brandi how is legalzoom?
Great I use it for contracts. Honestly for patents I would check out a guy named Stephen Key. He wrote a book called "One Simple Idea" that is really good at teaching you how to do it yourself. I own a trademark and someone uses it all the time, but I also know they aren't making enough money for me to waste my time over legal ramifications (yet)
so I could mark a trade mark (TM) next to my logo without going through the process and still sell my merch? good job boy's .
You can't officially put TM next to the logo until you have the TM but you can sell your merch and claim the trademark as soon as you start using it in commerce. Thanks!
Bad a$s. Thanks
Hello,
Im starting my brand and want to ask you a few questions. Can I get an email? Thanks a lot!
cs (at) apliiq (dot) com
Did you hire a lawyer to file your trademark application?
You can if you want but most of it can be done online without a lawyer. We never engaged a lawyer for TM applications.
nope, filled out the forms ourselves.
I really wanted to watch this, and learn some shit,
but that music dude. Why.
Thanks!