I read the trademarks act twice, dissected the government website on trademarks. I was so perplexed about what merchandise to include in my trademark application... and now this lady cleared it all up as she wakes me up to the fact that I need a copyright. Good thing for people posting good info on youtube!
Hey excuse me ma'am, I got a REALLY good question. ....say there's someone that sells shirts that say "vampires hate sunlight" (just an example) but I go to the trademark database and the words "vampires hate sunlight" are not found or trademarked. If I buy that trademark, who is the legal holder of that trademark? The person who originally thought of it or the person who owns the trademark? 🧐 Thank you
The logo on the front of a t-shirt CAN be a registerable trademark for a secondary source. For example, the primary source (i.e., the shirt's manufacturer) may not own the mark for, e.g., University of Washington, a federal registration might be obtainable for clothes in class 25 having a U of W mark on it. In this instance the marks indicates a secondary source. See TMEP 1202.03.
Thank you. I appreciate the clear explanation but no solution was given here. Does it mean there is no way of protecting a design unless you also provide the name tag? What if my logo is part of the design? I am just asking...it may not be a good idea.
Hi Aiden, this is a good video. Very informative. My question is..... Can you trademark logo and name without being in business? I believe there is something about renewal every 10 years. I hope my info is accurate.
So the best decision is to copyright instead of trademarking a logo so it can be protected beyond class 025 (clothing) to avoid people using it in different classes?
I'm not talking about all logos. Not all would be protectable under copyright, it depends on the logo. And more importantly, it depends on how it's being used But ya, a work that is protected by copyright cant be used by anybody else.
Wow. Crazy how much you helped me early on a long time ago and seeing where you and the channel is now. Thank you so much for your videos 😁. VPN Trick is legit 👌🏼
So how would you protect a design that I would want to put on shirts, caps, rubber bracelets, window decals and other swag? It's just letters and not art, so I'm not sure a copyright would apply. And great video. I like watching your videos. Good stuff. Super informative
The worst thing about VPN's is that your data transfer is clocked by the MS/millisecond AND base amount of data transferred. Therefore VPNs are useless.
Hey Jim i have a question. Lets say my official business name is "Burger | Fast Food Service" But my business just goes by "Burger" across the main branding Would i have to get both names trademarked? Or does getting "burger | Fast Food Service" also cover the brand name?
I got a phrase with some design elements I want to use on t shirts but I want to protect it is that a copyright because I get confused they say a phrase or slogan can't be copyrighted helllllppp
Hey, Aiden. Trying to understand fully >>> How about a particular word used on clothing and accessories? Merely 'ornamental' - or is that a trademark or trademarkable?
Wouldn't it be just easier to say, "a trademark is a company identifier"? A trademark is a word, phrase, or image that when seen you know the company. If what you have does not identify you as a business it is just a design.
I feel like saying "a trademark is a company identifier" is kind of like saying "a trademark is trademark." "Company identifier" is just another word for trademark, not the definition (IMO). BTW, I didn't say "just copyright that shit" because you CAN'T always just copyright it. Not every logo/design counts as a creative work eligible for copyright protection. Thanks for watching!
@@allupinyobiz I just feel like when you're talking to a layman, saying the same thing in a different way helps them understand better. It's like when you try to explain what a water hose is to somebody. you can tell him the term water hose but if they don't know what it is you have to explain it's a tube that moves water from one place to another. I just have a little experience explaining terms to people so they can understand it in terms that they know. One of my favorite is trying to explain an IP number for computer to somebody who doesn't know. If you explain it like it's a phone number for your computer. People just get it.
I am opening up an Apparel boutique online and physical store. I am private labeling my good with my business name. I am not designing any goods or items. Whole sale venders/ manufactures offer private labeling service or I can attach labels on my self. My question is can I or should I protect my business name brand with copyright or some sort of protection?
What happens is you created a logo and product for sale and someone steals the logo and trademarks it couple months after they seen for example would you have to stop making the product or would you be able to win and have that person remove the trademark how would that work
What if I wanted to protect the name of my clothing company and also protect the name as it appears in the design on the tshirts? Would I then do trademark and copyright? Because down the road im hoping its successful enough that I could create my own products in house, but for now I will be purchasing blanks and having my design printed on them but there will be various designs, not just one, so would I have to protect every design I make?
What if I want to create a design company and want to claim a name? Can I copyright the company name? Since all of the work from the design company is purely Ornamental?
Aiden, I recently filed a trademark application that will be used for apparel that covers 3 classes of services and goods. Is it too late for me to file a copyright for the same brand? Thank you.
So for example, is this why some people can print the USPS logo on garments on Etsy while the USPS website says that they should fill out an application for usage permission? Are the Etsy people practicing the Ornamental aspect you spoke of?
My question is, can you have a copyright and a trademark on a logo? I'd love it if you would make a video on that. It would really help people such as myself to map out what to do first. Cheers!
mandrell211 wrote, “…can you have a copyright and a trademark on a logo?” It’s possible for a logo to receive a registered copyright and a federal trademark. However, for the US Copyright Office to issue a copyright Certificate of Registration, logos *really* need to include a good amount of creativity (think *lots* of artistic design!). About 20,000 copyright registration applications get rejected each year, as they don’t include a sufficient amount of creative expression. Logos that merely include the following attributions are typically not copyrightable: A simple, common design; a logo just containing text (words, scripts, lettering); or a repetitive pattern; or geometric shapes and other recognized symbols (like a circle, $-sign, the Yin-Yang Chinese symbol, musical symbols); or punctuation marks (like the exclamation point, question mark, asterisks); or directional/navigational symbols (arrows, airplane symbol on a map); or Public Domain symbols like the peace sign or gender symbols affixed to bathroom doors; etc. In short, design your logo with *plenty* of creativity (make it look artsy); otherwise, the US Copyright Office may refuse your registration. To determine if your logo qualifies for a registered trademark, hire *“180 Law Co. LLC”* !
@@cnlicnli I don’t get it. Isn’t the Nike swoosh a simple design? How about the adidas and Facebook symbols? They all seem simple too me without a whole lot of creativity attached to them.
If you add a label or tag 🏷 to the shirt with your company name on it although another company created it and mailed it, could you say it was your product. I see you answered my question. I plan to have a online store with Shopify but I know Printful now add a label which is optional.
When you use VPN to circumvent licensing of a company like Netflix you are breaking their agreements. Someone giving intellectual property rights should know this.
Wait so if I want to design a logo and put it on very clothing I make; I don’t need a trademark ??? Did I get that right How about if I use a name for a website or put that name on every piece of clothing. In all cases I need a copyright instead of a trademark ??
Eeeech! Good grief. All of this is overwhelming to me. In my mind, a "trademark" is a design or an image. Of course, when I go shopping, I usually buy the goods based on the quality of the product, not on the "trademark," "image," or whatever. I guess I'll be needing to retain the services of a good patent-trademark attorney, to navigate the nuances if this system. Good video, by the way. I just don't get it. Oh, well.
I don’t know if you’ll be able to see and respond to my comment honestly either you or anybody can respond to my question I’m in the middle of creating my own name/brand out of my TH-cam channel and I’m thinking of getting it copyrighted and trademark my question is if the source or the name of my business/ or channel is already in the design of my logo that I would put on T-shirts would that be considered a trademark because the source or the name of my channel of my business is in the image or logo that I would be printing on shirts?
8:45 that’s kinda archaic. Who the hell sits up in their house, puts tags on shirts and ship them off to customers in 2021. The USPTO needs to adapt to the times. When I buy shirts with a phrase from a content creator, I’m buying the shirt because it’s sold buy the content creator. Not because they created their own sweatshop and pressed their own shirts. (Edit) and I’m not looking for a tag. If they say it’s their shirt that’s good enough. What is this? 1982???
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So what's the solution, to trademark merch correctly 🤔
Whoops copyright ©️ lol you just said it, so funny cause I've argued with friends 🤣
Copyright not trademark......
Tgr
Thanks.
Can I send you my brand name and/or design so you can tell me whether or not I can trademark it?
I read the trademarks act twice, dissected the government website on trademarks. I was so perplexed about what merchandise to include in my trademark application... and now this lady cleared it all up as she wakes me up to the fact that I need a copyright. Good thing for people posting good info on youtube!
Can you please elaborate on trademarking colors, like how Tiffany's has the blue box and Louboutin has the red sole. Thanks.
honestly i doubt trademarks on such generic items would really hold up in court but i bet could be used in conjunction with other trademark violations
Yes, I just started designing and making my our brand.
Jesus Christ, 3 1/2 minutes before the video actually starts, impressive!
Thanks for all the insightful information ❤
Hey excuse me ma'am, I got a REALLY good question. ....say there's someone that sells shirts that say "vampires hate sunlight" (just an example) but I go to the trademark database and the words "vampires hate sunlight" are not found or trademarked. If I buy that trademark, who is the legal holder of that trademark? The person who originally thought of it or the person who owns the trademark? 🧐 Thank you
Thank you, this cleated up quite a bit of my copy right confusion. This was extremely informative. I appreciate the in depth breakdown. 👍🏽
Your intros ALWAYS cheer me up!
Thank you 🙏🏽!!
So is the key to trademark your company name/logo and put it on a t-shirt with whatever phrase you have on it?
The logo on the front of a t-shirt CAN be a registerable trademark for a secondary source. For example, the primary source (i.e., the shirt's manufacturer) may not own the mark for, e.g., University of Washington, a federal registration might be obtainable for clothes in class 25 having a U of W mark on it. In this instance the marks indicates a secondary source. See TMEP 1202.03.
This is a great explanation!
thank you, stay awesome! Cheers
You just got rid of my migraine I had for weeks, for that my friend, I subscribed.
Yessss 🙌
Thank you
This is awesome info! Thank you 🙏🏽
You are so welcome! Thank you for much for watching!
Thank you. I appreciate the clear explanation but no solution was given here. Does it mean there is no way of protecting a design unless you also provide the name tag? What if my logo is part of the design? I am just asking...it may not be a good idea.
What's better, a trademark or copyright for a phrase, motto or slogan?
What if you just wanted to trademark your buisness name itself?
Wow this saved me from filling a ttade mark
Hi Aiden, this is a good video. Very informative. My question is.....
Can you trademark logo and name without being in business?
I believe there is something about renewal every 10 years. I hope my info is accurate.
Looking forward to this one since I recently went through this process on a local level.
I hope you find it helpful! :-)
@@allupinyobiz thank you!
Thanks for all the info! Super helpful .
Thank you for clearing this up and saving me $250 dollars.
You're welcome! Thanks for watching!
So the best decision is to copyright instead of trademarking a logo so it can be protected beyond class 025 (clothing) to avoid people using it in different classes?
I'm not talking about all logos. Not all would be protectable under copyright, it depends on the logo. And more importantly, it depends on how it's being used But ya, a work that is protected by copyright cant be used by anybody else.
180 Law Co. LLC Thank you!
Great video - thanks for the info : )
Wow. Crazy how much you helped me early on a long time ago and seeing where you and the channel is now. Thank you so much for your videos 😁. VPN Trick is legit 👌🏼
Love your videos. Very informative. Thank you.
So how would you protect a design that I would want to put on shirts, caps, rubber bracelets, window decals and other swag? It's just letters and not art, so I'm not sure a copyright would apply.
And great video. I like watching your videos. Good stuff. Super informative
otherwise thanks for the info you have proved and clearing up the confusion
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Yesssssss!! Haha, don't worry, you're in very good hands!
Are we allowed to trademark a word with a design added to the word ?
No literally today just found that out so now I have to go back to the drawing board
Thank you for the info!
I have a question 🙋🏻♀️… what about private labeling ?
Always putting out great videos.
What if the phrase is someone’s brand name that is trademarked?
I would like to trademark my logo. Can you help? How much do you charge?
Do you have a video on catchphrases?
The worst thing about VPN's is that your data transfer is clocked by the MS/millisecond AND base amount of data transferred. Therefore VPNs are useless.
thank you this video answered all my questions very helpful information, You know your stuff. 👍🏽
My company name is on the tag
Dope Content 🤘😎
Thank you. You saved me a lot of money....
Is just listing clothing, footwear and headwear enough for class 25 or do I have to be more broader in that class?
Hey Jim i have a question.
Lets say my official business name is "Burger | Fast Food Service"
But my business just goes by "Burger" across the main branding
Would i have to get both names trademarked? Or does getting "burger | Fast Food Service" also cover the brand name?
This is very useful information 👍 I subbed!
Thank you for explaining that so well you're amazing
This was great information. Thanks
I got a phrase with some design elements I want to use on t shirts but I want to protect it is that a copyright because I get confused they say a phrase or slogan can't be copyrighted helllllppp
Hey, Aiden. Trying to understand fully >>> How about a particular word used on clothing and accessories? Merely 'ornamental' - or is that a trademark or trademarkable?
This is awesome looking forward to learning more! #subscribed thank you🙂
Wouldn't it be just easier to say, "a trademark is a company identifier"? A trademark is a word, phrase, or image that when seen you know the company. If what you have does not identify you as a business it is just a design.
I was waiting for her to just say that and “just copyright that shit!” 😂 I feel she just dragged tf outta us
I feel like saying "a trademark is a company identifier" is kind of like saying "a trademark is trademark." "Company identifier" is just another word for trademark, not the definition (IMO).
BTW, I didn't say "just copyright that shit" because you CAN'T always just copyright it. Not every logo/design counts as a creative work eligible for copyright protection.
Thanks for watching!
@@allupinyobiz I just feel like when you're talking to a layman, saying the same thing in a different way helps them understand better. It's like when you try to explain what a water hose is to somebody. you can tell him the term water hose but if they don't know what it is you have to explain it's a tube that moves water from one place to another. I just have a little experience explaining terms to people so they can understand it in terms that they know.
One of my favorite is trying to explain an IP number for computer to somebody who doesn't know. If you explain it like it's a phone number for your computer. People just get it.
... so how do you register a copyright to protect your designs? Do trademarks only protect the logo itself?
Then where can we submit a copyright application, and is accepted that you first do a copyright then a trademark later?
SO helpful.
Should I wait for trademark or copyright to ok my logo or slogan before I produce my brand
What is the simplest way to show a phrase to be trademarked
So is it possible to copyright an image them trade mark it afterwards?
Copyright first and then trademark? It depends! #allupinyobiz #trademark #copyright #businesstips
Very helpful
But people will buy Nike BECAUSE it displays the trademark. Because it's a status symbol. So how does that work?
What if another brand trademarked the name I want but their actually brand name is totally different?
I think u re awesome n an illustrious teach . Mwaaa
quick question: how did nipsey hussle trademark the word ‘crenshaw’ for his shirts etc?
Do you have to sell products on order to file for a trademark?
I am opening up an Apparel boutique online and physical store. I am private labeling my good with my business name. I am not designing any goods or items. Whole sale venders/ manufactures offer private labeling service or I can attach labels on my self. My question is can I or should I protect my business name brand with copyright or some sort of protection?
What happens is you created a logo and product for sale and someone steals the logo and trademarks it couple months after they seen for example would you have to stop making the product or would you be able to win and have that person remove the trademark how would that work
This just confused the hell outta me you can’t trademark if you use it for sales but it’s a trademark if it’s in connection with sales like huh?
Great content per usual.
I Highly recommend y'all take advantage of the "Brandish" webinar. Very thorough!
Yay that's what I like to hear!! Thanks so much!
Hsllo. Is a copyright on a logo good enough to protect a clothing brand since the author can only copy it and use it
What if I wanted to protect the name of my clothing company and also protect the name as it appears in the design on the tshirts? Would I then do trademark and copyright? Because down the road im hoping its successful enough that I could create my own products in house, but for now I will be purchasing blanks and having my design printed on them but there will be various designs, not just one, so would I have to protect every design I make?
What if I want to create a design company and want to claim a name? Can I copyright the company name? Since all of the work from the design company is purely Ornamental?
Aiden, I recently filed a trademark application that will be used for apparel that covers 3 classes of services and goods. Is it too late for me to file a copyright for the same brand? Thank you.
So for example, is this why some people can print the USPS logo on garments on Etsy while the USPS website says that they should fill out an application for usage permission? Are the Etsy people practicing the Ornamental aspect you spoke of?
Great info thanks
My question is, can you have a copyright and a trademark on a logo? I'd love it if you would make a video on that. It would really help people such as myself to map out what to do first. Cheers!
Depends on the logo itself but yes, that is certainly something that can happen. Great video suggestion!! I will put it on the list!
@@allupinyobiz Thanks! Also, would you kindly explain how to apply for a copyright on a logo or a piece of art. Most people have no idea.
mandrell211 wrote, “…can you have a copyright and a trademark on a logo?”
It’s possible for a logo to receive a registered copyright and a federal trademark.
However, for the US Copyright Office to issue a copyright Certificate of Registration, logos *really* need to include a good amount of creativity (think *lots* of artistic design!). About 20,000 copyright registration applications get rejected each year, as they don’t include a sufficient amount of creative expression.
Logos that merely include the following attributions are typically not copyrightable: A simple, common design; a logo just containing text (words, scripts, lettering); or a repetitive pattern; or geometric shapes and other recognized symbols (like a circle, $-sign, the Yin-Yang Chinese symbol, musical symbols); or punctuation marks (like the exclamation point, question mark, asterisks); or directional/navigational symbols (arrows, airplane symbol on a map); or Public Domain symbols like the peace sign or gender symbols affixed to bathroom doors; etc.
In short, design your logo with *plenty* of creativity (make it look artsy); otherwise, the US Copyright Office may refuse your registration.
To determine if your logo qualifies for a registered trademark, hire *“180 Law Co. LLC”* !
@@cnlicnli boom!! That's it!
@@cnlicnli I don’t get it. Isn’t the Nike swoosh a simple design? How about the adidas and Facebook symbols?
They all seem simple too me without a whole lot of creativity attached to them.
If you add a label or tag 🏷 to the shirt with your company name on it although another company created it and mailed it, could you say it was your product. I see you answered my question. I plan to have a online store with Shopify but I know Printful now add a label which is optional.
Good information
Hi how much will you charge me to file for a trademark
Video starts at 3.21
10:11 So how did "just do it" get trademarked nike?
Could a visual artist signature be a trademark?
I see many people putting other peoples lyrics on shirts.
So if I use the design on my website and also my products can this be a trademark?
So what’s first business entity as in LLC or Trademark ?
I generally recommend getting the entity set up first, but it COMPLETELY depends on your circumstances and there's no real rule one way or the other.
When you use VPN to circumvent licensing of a company like Netflix you are breaking their agreements. Someone giving intellectual property rights should know this.
Wait so if I want to design a logo and put it on very clothing I make; I don’t need a trademark ??? Did I get that right
How about if I use a name for a website or put that name on every piece of clothing. In all cases I need a copyright instead of a trademark ??
That's a good question 🤔
For ejemplo if I use my logo as design in my textil that is a tm ?
Also use my logo on a tag because I think that way it can define my brand better do you think I'm doing the correct way and olso that way it's a tm ?
thanks for the info , found it really helpful . I live in Mission Beach how did you like PB ?
So glad to hear that! I grew up in San Diego, PB was...well...ya know, it's PB. :-)
Hi where do I go to do my trademark
www.uspto.gov
If it’s on a car It’s a trademark , if it’s on a shirt idk where it came from 😂.. I dont
Video starts at 3:20
Eeeech! Good grief. All of this is overwhelming to me. In my mind, a "trademark" is a design or an image. Of course, when I go shopping, I usually buy the goods based on the quality of the product, not on the "trademark," "image," or whatever. I guess I'll be needing to retain the services of a good patent-trademark attorney, to navigate the nuances if this system. Good video, by the way. I just don't get it. Oh, well.
Ur the best
So just for example I can slap Nike and throw it all over the clothes I sell because I think people would like the design and it’s legal?
I don’t know if you’ll be able to see and respond to my comment honestly either you or anybody can respond to my question I’m in the middle of creating my own name/brand out of my TH-cam channel and I’m thinking of getting it copyrighted and trademark my question is if the source or the name of my business/ or channel is already in the design of my logo that I would put on T-shirts would that be considered a trademark because the source or the name of my channel of my business is in the image or logo that I would be printing on shirts?
Ornamental = copyright
Your better thañ this
2 mins. Into this video and still nothing about trademarks. I can't stand these vultures anymore.
Its like one long ass commercial 🤐
8:45 that’s kinda archaic. Who the hell sits up in their house, puts tags on shirts and ship them off to customers in 2021. The USPTO needs to adapt to the times. When I buy shirts with a phrase from a content creator, I’m buying the shirt because it’s sold buy the content creator. Not because they created their own sweatshop and pressed their own shirts. (Edit) and I’m not looking for a tag. If they say it’s their shirt that’s good enough. What is this? 1982???
Get with the program bub. This is 2024.
😍😘😍