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[Leslie Scott]

I'm looking for information on how to protect yourself when selling trademarks of apparel. I am working with a fashion designer who is embarking on a deal with investors who want to purchase his designs.

[JimIvey]

I assume the designer wants his/her trademark on the clothes.  Come up with a name and/or design to identify the designer (which is appropriate for trademark protection), put it prominently on the clothes themselves with a small TM on everything by which the designer is intended to be identified, and sell them so marked.  If you want to do it right, see a trademark attorney.

The tricky part is what qualifies as a good, protectable trademark.  Stay away from descriptive terms, geographic designations, etc.  Designers like to use their names.  It's better if the name is stylized somehow.  It's best to avoid names altogether.  Or you can wait to register your trademark once you've developed strong name recognition in the designer's name.

If you're dealing with investors, get it right; see an attorney.

Regards.

[M. Arthur Auslander]

Dear Leslie Scott,

Whether you like it or not, it makes good business sense to use good qualified counsel, even it it is expensive.

Trademarks are not very expensive. Particularly since they can last forever.  Jean Marie Farina is about 200 years old, Coca Cola at least 130 or so.

Just make sure you use an Intellectual Property Lawyer you can trust, someone that is familiar with the phase of the law involved. I wouldn't mind the business but I want you to know that I would expect Mr. Ivey to be qualified too.