SurberSigns 24 Posted June 8, 2013 So I have been thinking about trademarking a brand I have but I wanted to get some feedback. Its a mixture of vinyl and a clothing line type of brand/company. Iv already checked out how to trademark and received quotes.... but from anybody who has experience in this field, I have a question. When trademarking, does it have to be the exact same word or phrase in order not to be able to trademark? For instance, If there is a trademark called "Fat Boy" already taken, and I was planning on using "Fat Boy Clothing". Not my name by the way lol just an example. So even if I had clothing at the end, is that considered a whole different trademark name?? Share this post Link to post Share on other sites
Smokem 35 Posted June 8, 2013 It has been years since I was involved in this..... But from memory......At the time I went to the Patent office.... They did a search for me. (I bet you can do it online now)Told me the name I wanted was clear.... and informed me of the process..... Do your research online... I am betting it is not real complex....Enlist a patent (trademark) attorney... It will simplify the process. Share this post Link to post Share on other sites
MooreEmergency 4 Posted June 8, 2013 Interested in this as well have a line I was looking to tm. Share this post Link to post Share on other sites
OWJones 1,981 Posted June 9, 2013 If "Fat Boy" makes "widgets" (for examples) and their Trademark is specific to that industry, then you should be safe to manufacture clothing and other apparel items under the brand name "Fat Boy Clothing". If Fat Boy also makes t-shirts and hats, then you will probably have an issue. This is the same issue that Apple Computers got into with Apple Records (the Beatles record label) years back and when sued, Apple Computers agreed that they had no intention of ever getting into the recorded music business and they would restrict their use of the name Apple to only apply to computers and peripherals. Then the MP3 file was invented. And Apple released the iPod and the iTunes Music Store to sell, of all things, Recorded Music under the Apple brand name - suddenly the people at Apple Records had a problem with that... They sued. The company that makes Monster Cables tried to sue every company in the USA which used Monster in it's name, Monster Energy Drink, Monster Mini Golf (true story, it's a mom & pop mini golf business), etc., and they were continuously smacked down by the courts, but not until after they had ended up costing these other businesses thousands and thousands of dollars in legal fees. Trademarks and Brand Names are established to avoid confusion among consumers - as long as your product lines are completely separate, then you're OK (not saying you won't have to fight a lawsuit, but you'll probably win). Share this post Link to post Share on other sites
slice&dice 2,451 Posted June 9, 2013 Just imagine your family name is "Nissan" ---. http://Nissan.com Share this post Link to post Share on other sites
