High Point, NC asked in Trademark for North Carolina

Q: Should I trademark or patent my clothing line? What’s the difference?

Do I need to have an LLC of the line before trademarking the line’s phrase or saying?

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1 Lawyer Answer
Fritz-Howard Raymond Clapp
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  • Trademarks Lawyer
  • Beverly Hills, CA

A: A trademark is an insignia, phrase, word, or symbol that is used to denote specific goods or services and legally differentiates it from all other goods or services of its kind.

A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something.

A clothing line would be identified by a trademark, not a patent. Trademarks may be owned by individuals, companies or corporations, and can be registered with the US Patent & Trademark Office to obtain the exclusive right to use the mark for a specific type of goods or services.

You should consult a qualified trademark attorney to assure your proposed trademark would not infringe a previously used mark, and to apply for its registration.

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