How to tell if a name is registered for clothing?

Discussion in 'Legal Issues' started by bbrian017, Dec 3, 2008.

  1. #1
    I have a really cool Idea for underwear products but I need to know if the name is taken registered or whatever.

    Does anyone have some resources I can read or check on?

    Thanks,

    Brian
     
    bbrian017, Dec 3, 2008 IP
  2. mjewel

    mjewel Prominent Member

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    #2
    You can check at uspto.gov for a registered mark, but it's more complicated than that, since common law trademarks can be established with usage, no filing whatsoever. You need to search to see if anyone is using the mark (or a phonetic or similar spelling) in the same or overlapping way. You could start with google, but a good trademark search will run several hundred dollars - and still isn't a guarantee you won't have infringement problems. The process is a lot more complicated then just searching a couple of databases. If you find someone is already using the mark for clothing, then you don't need to research further, it's taken.
     
    mjewel, Dec 3, 2008 IP
    bbrian017 likes this.
  3. bbrian017

    bbrian017 Well-Known Member

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    #3
    very nice information... I searched Google for the term and found nothing for results!

    Apparently you're correct! It appears I will have a lot of work ahead of me!

    Thanks for the information and head start!
     
    bbrian017, Dec 3, 2008 IP