Baltimore, MD asked in Trademark for Maryland

Q: Hello If I’m looking to trademark the term Grind In Silence would I be able to do this for my t shirt company?

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1 Lawyer Answer
John Martin Hilla
John Martin Hilla
  • Trademarks Lawyer
  • Livonia, MI

A: If "Grind in Silence" is the name of company producing the t-shirt products which you wish consumers to associate with that term/name, you can contact a trademark attorney to discuss running a full clearance search prior to filing a an application for trademark application with the US Patent & Trademark Office.

If the term is not infringing on any other trademark or business usage, your attorney can prepare, file, and prosecute your trademark application for that term.

It is, however, important to keep in mind that trademark protection doesn't protect your "expression" as copyright does: it protects consumers and their right to a guarantee that a product or service originates with a specific source. That is, Coca Cola's trademark of that name ensures that, when you buy a bottle of soda, you are getting the product of the Coca Cola corporation, and not some knock-off.

So, if your product is t-shirts, a trademark registration ensures that, when a consumer purchases a "Grind in Silence" t-shirt, it comes from you and not from Fruit of the Loom.

You cannot, however, simply print "Grind in Silence" ON a Fruit of the Loom white t-shirt and trademark that. Your name needs to be on the hang-tag of the shirt, not Fruit of the Loom, etc.

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