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Copyright 2006
Cornell University.
All rights reserved.

 

Trademarks, Brands, and Designer Labels, and Private Labels


Mills photo
"We have trademark issues because it's my name, Malia Mills, Inc. and the company actually owns my name."

Malia Mills describes some of the legal ramifications of using her name as the name of her business and as a brand name and trademark.

 

Trademarks
Developing recognition of your business, company, and product is one of the first and most important activities for an entrepreneur.

Regardless of product or service offering, you want potential customers to know who you are and what you sell. Trademarks not only provide a name or logo that easily identifies your business and product, but can also provide protection against others using your identifying mark.

Trademarks protect brand names, logos, and private label names and these trademarks provide both name recognition and marketing potential. When trademarks are registered, an ® is circled and placed after the name. Unregistered trademarks in business use can be indicated by a ™ after the name.

Trademarks have no expiration date and this makes them attractive to businesses. But trademarks must be renewed every 10 years.


Earle photo
"You have to renew your trademark....Someone else took our name.."

Peggy Hart Earle offers some advice about filing for trademarks-either by yourself or with the help of a lawyer. And you must renew your trademark every 10 years.

 

Business names and product names can be trademarked and most entrepreneurs will want to do both. You will want to choose a name that represents

  • you, such as your name or location, or
  • your product or service offering, or
  • a lifestyle or concept that you want people to associate with your business or product.

A good trademark employs words or symbols that are specific enough to capture attention and broad enough to allow for future development.

YKK won a law suit against Jungwoo Zipper Co. Ltd. To prevent Jungwoo from selling zippers under the YPP label. The rationale was that there was a "great likelihood of confusion because of the strength of the YKK trademark" for zippers. (Bobbin, 2002)


Historical trends in the apparel and sewn products industry provide insight into the selection and development of brands and trademarks.

More information about the history of brands and designer labels, and private labels is available.

 

 

 

 

 
   
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