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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
