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[Randy J.]

I'm currently in the process of starting my own clothing company. After researching, I found that you must trademark the name of the company. I wanted to know how I would go about trademarking the name and I also would like to find out how I could search to see if the name is already in use.

[JimIvey]

It's not required that you trademark your company name.  It can be a good idea, however.  Let's assume your company name is going to be Randy J. Designs.  Would it bother you if Walmart came out with it's economical line of clothes called Randy J. Designs?  or even Randy Jay Designs?  What about Ran DJ Designs?  I'm guessing you would.  Getting trademark protection for "Randy J. Designs" would help prevent that.

Of course, you may come up with other names for various styles, lines, etc. of clothes you design, make, sell, etc.  If you don't want others using those same names, you should seek trademark protection.

To search, I'd start with the US Patent and Trademark Office where you can search on-line for trademarks -- past (canceled, abandoned), present (registered and in force), and future (pending intent-to-use applications).  But not all trademarks are registered, so I'd also search google or some other search engine for similar uses of similar marks.  Think of variations of your mark and be sure your search queries cover those too.

I hope that helps.

Regards.

[M. Arthur Auslander]

Dear Randy 3,
The clothing business if particularly competitive. Thus it is important to distinguish what you have so that the world will know YOUR line.
The job then is to find a name that you feel comfortable with, then have it searched and then registered.
Note our trademarks and how they are used.
M. Arthur Auslander  
Auslander & Thomas-Intellectual Property Law Since 1909  
3008 Johnson Ave., New York, NY 10463  
7185430266, aus@auslander.com  
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