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In this lesson, you learn everything you need to know about trademarks in the context of poddy and
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how to do a trademark search before you upload a design.
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A trademark is a mark, usually words or pictures or a combination of the two that designates the origin
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of particular goods or services and that consumers use to differentiate between brands.
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A trademark protects indications of origin for goods and services, including words and symbols.
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Your designs trademark grants you the right to prevent others from using similar marks to sell or market
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related goods or services.
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So how do you do trademark search of a design or phrase?
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Ideally, performing a trademark search on your T-shirt designs phrase or saying should be step one
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before even going on the designing part of the process.
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This way you avoid wasting a lot of valuable time in case the phrase you decided to go buy has been
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registered by someone else.
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The US PTO Trademark Registry can be searched at the trademark electronic search system, but bear in
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mind that Marks don't need to be identical in order to present a conflict.
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Trademark infringement is a legal standard, one that is not necessarily intuitive.
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And it may be worth engaging an attorney who can perform a clearance search and advise you on the risks
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of adopting a mark.
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Step one used to assess to do a trademark search on your design.
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You can access this tool by following the link, which I'm going to leave for you below.
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I'm also going to demonstrate so we can practice together and show you how it works.
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Step to type your design phrase, you'll see a search bar, type the phrase or quote you plan to use
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in your design.
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This will records for that specific word choice.
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Step three, review and analyze existing records.
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You will find several columns.
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Keep in mind that not all of the records that show up have approved trademarks.
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It's important that you learn the difference between the serial and registration number of a mark.
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The serial number is assigned when applying to a trademark.
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It does not guarantee that the trademark will be approved.
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The registration number, however, is assigned to a mark once the US PTO approval process is completed.
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So find the mark that has both a serial and a registration number and is live, then review it to see
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what's filed and the goods and services.
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If the goods and services for the market do not relate to T-shirts or apparel items or telephone accessories,
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you are good to go for t shirts and apparel items.
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It's CLOs zero to five and four pop sockets and phone cases.
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It's glass zero zero nine.
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Now, here's the tricky part.
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If there's a mark with t shirts and their goods and services, but it hasn't been approved yet, you
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could go ahead and upload the design with that word into much.
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But keep in mind that if and when the markets are approved, you have to take that design down to avoid
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issues related to violating their trademark and potentially losing your merch by Amazon accounts.
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If you'd like to review additional information about trademark search to protect your T-shirt designs
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and avoid copyright infringements, I do recommend seeking legal advice to stay on the safe side, not
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just from search by Amazon, but to protect your business in general.
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I'd recommend using Murchie and former Trademark Protection Extension, which searches your listing
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for trademarks, words or phrases while you're creating the listing.
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And you can even perform a search for trademarks on any product page.
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So you can see if a particular design that you're considering is trademarked or not.
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Same form also has a trademarks module inside the software, which also gives you trademark alerts as
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soon as certain keywords become trademarked.
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I'm going to go through it shortly so we can practice together and you can see how it all works.
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