Trademark Infringement Depends On Many Factors

Posted by Michael Shimokaji | Jun 03, 2014 | 0 Comments

Question: Starting a clothing brand. Do I need to trademark?

I'm starting a clothing brand. The name I'm using is the first name for a clothing brand. I read on another site that if I use the name for my brand and somebody registers it later they won't be able to sue me. Is that correct?

Answer: For a clothing brand, it is essentially a necessity to obtain a trademark.

Whether you can use the first name of an existing clothing brand is unclear, since infringement depends on an examination of many factors. But as a general proposition, if the clothing brand, for example, has two words and you are going to use the first of the two words, it is likely that you will be infringing the clothing brand trademark.

About the Author

Michael Shimokaji

Michael’s expertise includes the strategic development of patent and trademark portfolios. He identifies those patents and trademarks that are valuable to his clients by providing them with a competitive advantage. Then, Michael obtains patent and trademark registrations in the US and abroad.

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