Posted in: darrelrussell.com edit
06 Jan 2009
To Whom It May Concern,
I am a 19-year-old university student from London, England. I am
looking to set up a clothing label, aimed at affluent urban-conscious
consumers.
The label revolves around the concept of a particular 'image' (due to
the unprotected nature of the concept I cannot disclose too many
details), and this image is to become the focus of my brand. For an
idea of similar image concepts to mine:
http://www.bbcicecream.com/store/icecream_index.html (various ice cream cone men)
http://www.eckounltd.com/ (note the continuous use of the 'rhino' logo and imagery)
I currently have a variety of design ideas for clothing, footwear, and
accessories, as well as what I wish everything to be called, including
the label name. I am currently in the process of compiling a business
plan.
What I would like to know, is how I can set about protecting what I
wish to create, the imagery, the names, and the brand as much as I
possibly can - and internationally if possible?
Is this related to registering trademarks, s, or what? What
steps do I take to ensure that I can take my designs to potential
manufacturers and then to potential stockists without being in danger
of having my designs and my brand concept 'hijacked'?
Information or past case-studies involving or related specifically to
clothing would also be helpful if found in the research, although not
necessarily required in this answer.
Thank You,
Guy Van HartenHi! Thanks for the question.
If you will be making t-shirt designs then you would need both
trademarks and s to protect your company and your art work.
Since you are in the UK, the procedures suitable for you can be found
at the UK Patent Office website.
Trademarks protect your company as a whole like your logo. It gives
protection to your distinct company mark. First the UK Patent website
provides a definition of what a trademark protection is all about.
?A trade mark is any sign which can distinguish the goods and services
of one trader from those of another. A sign includes, for example,
words, logos, pictures, or a combination of these.?
?Basically, a trade mark is a badge of origin, used so that customers
can recognise the product of a particular trader.?
?What is a Trade Mark??
http://www.patent.gov.uk/tm/whatis/definition.htm
They also have a webpage detailing the benefits of acquiring such a trademark.
?Benefits of trade mark protection?
http://www.patent.gov.uk/tm/benefits/index.htm
Please read the FAQ here since it will give you a view as regards to
other issue and to what other government agencies you may need to
register.
FAQ
http://www.patent.gov.uk/tm/howtoapply/faq.htm
Our next two links gives out the procedures and necessary forms to
apply for trademarks.
Procedures
http://www.patent.gov.uk/tm/howtoapply/index.htm
Forms
http://www.patent.gov.uk/tm/forms/index.htm
Here are some legal case decisions as regards to apparel and trademarks.
?CARTOON NETWORK (stylised) & device?
http://www.patent.gov.uk/tm/legal/summaries/2003/o11003.htm
?KOP'S F.O.O.T.W.E.A.R & device?
http://www.patent.gov.uk/tm/legal/summaries/1998/o28598.htm
?AMAZE COLLECTION?
http://www.patent.gov.uk/tm/legal/summaries/1999/o00799.htm
--------------------------------
Now let us go to s. Trademarks protect your overall company
design like a logo but s would be good to use to protect the
individual t-shirt designs you will make. However, unlike s,
the UK laws treat it differently.
?Before you go any further you need to know that there is no official
register for . It is an unregistered right (unlike patents,
registered designs or trade marks). So, there is no official action to
take, (no application to make, forms to fill in or fees to pay).?
UK laws treat somebody has as soon as such works are made
and shown to the public.
? comes into effect immediately, as soon as something that
can be protected is created and "fixed" in some way, eg on paper, on
film, via sound recording, as an electronic record on the internet,
etc.?
They suggest that you put the symbol plus your name and a
waning that this design is ed. Included things that can be
ed that directly reflect your concerns are ?original artistic
works?.
Please read the details here.
?What is ??
http://www.patent.gov.uk/copy/definition.htm
If you need more information please go to our next link.
? gives protection to the creators of certain kinds of material?
http://www.patent.gov.uk/copy/index.htm
Search terms used:
UK trademarks
UK t-shirt trademark cases
I hope these links would help you in your research. Before rating this
answer, please ask for a clarification if you have a question or if
you would need further information.
Regards,
Easterangel-ga
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