Q: Steps to trademark a clothing brand name in the U.S.
I would like to know the steps involved in obtaining a trademark for my clothing brand name in the U.S., with the possibility of registering it internationally in the future. I don't believe the trademark is currently in use, but I'm unsure where to check this. I want to register it as soon as possible and use the trademark for items like shirts, pants, headwear, socks, jackets, etc. Could you guide me through the process?
A: In order to file a trademark in the US for clothing you must file a Trademark Application with the USPTO in class 025. You should conduct a trademark search on the USPTO website before filing the mark. You may file an intent-to-use mark to hold begin the process to secure you rights in the trademark before it is in use. Before the trademark is issued you must file a statement of use with the USPTO. If the trademark is already in use you can file an in-use application. For clothing the trademark must be used on the tag to show it is a brand. The name on the shirt or hat will not suffice for trademark registration. It is best to consult a trademark attorney to assist with the process.
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