Q: I want to print and sell t-shirts with just a simple 8 number print, trademarkable?
If possible, my concern is for the last 3 digits. I want them to be interchangeable, but can't obviously buy all variations any 3 digits/numbers. Could I trademark the first 5, which will be consistent, not changing, and secure the ever-changing last 3 with one trademark? The reason I ask is once I move on my idea someone could easily change the last 3 digits and benefit from my idea.
A:
A trademark functions to identify the source of the goods. It is a brand name. A design of a t-shirt might not be a band name. The Trademark Manual of Examining Procedure states, "Subject matter that is merely a decorative feature does not identify and distinguish the applicant’s goods and, thus, does not function as a trademark. A decorative feature may include words, designs, slogans, or trade dress." There are exceptions. An attorney can help you to seek ways to use the your number as a brand name in addition to having it as a decorative design. It may be possible that the trademark could by used to prevent others from using your number. This is a complicated issue, and an attorney would have to evaluate the facts present in different hypothetical situations.
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