100 Pcs

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Frequently Asked Questions...

What is a trademark used for and what good is one?

I am trying to determine if I want/need a trademark to protect a design that I have. First, it is a saying logo. For example, let's say I use the word HELLO but instead of the O I use a peace sign. I intend to take this hello logo and make it into a pendant and to put it on a T shirt. I can trademark it through my state, but how does that protect me and how does it work? Does it mean no one else in the state can use my logo or sell it without my permission? The design I have is locally/state based so I don't care if people in another state want to knock it off. I just wouldn't want people in my state to have access to this design unless it goes through me. Also, I had a second design that was getting made into a custom iron-on. I was supposed to get a quote only for the minimum of 100 pcs. The guy made the design and is know telling me he will sell it to others if I don't get 1000. Can I do the TM since the state back dates if the design has not been registered by anyone?


Best Answer...

Answer:

Trademarks distinguish goods in the marketplace - you have a valid trademark as soon as you begin to use it in commerce.

So, you better hurry up and start selling stuff. You WILL NOT BE ABLE TO REGISTER YOUR TRADEMARK UNLESS IT IS USED IN COMMERCE - you get benefits from registration, such as nationwide registration.

Get to it!