Hey, I would like to start my own clothing company, i have thought of a name and started on some designs and stuff like that. However how do i register my brands name? Can i cheack if its been used? How much will it cost? Sorry if these are all stupid questions, but im a mega newbie at this... - Sam
You can register through your state and how depends on what type of entity (sole proprietorship, partnership, LLC, corporation, etc.) Sole proprietorship will be nice and easy and cheap (like $100) including the ficticious name (cheaper if your last name is part of the brand name.) To check the name, search Google and check http://www.uspto.gov/.
tkilgore is right. You need to register a trademark, and that is done on a national level. Look for a forum or site that specializes in people wanting to start companies with branded products. Look in the library for books on starting a business, incorporating in your state, registering trademarks, business names, etc. Remember that registering ony gives you protection if you actively monitor the use of the trademark. Trademark and patent offices only serve as registrars and monitor nothing. Also, I believe that if you are aware that your trademark is being used over a long period of time and don't take any steps to protect it, you have tacitly licensed it to someone else. (Someone please correct me if I am way off base here.) Mainly, you need to do some research in areas related to branding and trademarks. Most people here, I think, just register domain names and don't do manufacturing.
You basically waive your right to sue for trademark infringement, like you can waive your right to collect money and other things.
As people already suggested, check the trademark and patent office homepage www.uspto.gov if you are in USA. If you are in EU, you may want to check out the trademark and registered categories in EU trademark online database.
If you're going to do more than make some silkscreened t-shirts for your neighborhood, seek out an Intellectual Property lawyer and trademark your name(s). Plan on spending hundreds or more per class per name just for the registration fees ($275-$375 per class is the current fee), PLUS attorney or preparation fees.
That's part of the legal end, but there is a lot more, solely in the legal end. You need a license to sell products to other states or countries, you need to calculate sales tax. I would recommed you go get a job at a designers office, or a clothing store, and figure out all the ins and outs. I work at a VC office and made very useful contacts, learned some info before I launched my own Ad network
Thanks for your replies. Sounds like this is gunna cost me a hell of alot more than i was hopeing. lol - Sam