The onus is on you to ensure the name you choose is not a problem. For example, I can presumably register my new tech start up "Boogle" with the TX secretary of state because there is no other business already doing business there under that name, but this does not mean that I would not be infringing on the Google trademark, which I would be. Know as well that merely registering your business name with a state or county agency or acquiring a domain does not convey any right to use that name in commerce as a source identifier or trademark. It is of course best practice to clear it before you start using any trademark and starting with a strong one is your best strategy. I would not take any action until you received some proper advice and I will offer some general remarks on trademark clearance below as well.īefore you invest in any trademark make sure you get some legal guidance upfront.
My concern, as I see others have here as well, is that this might be perceived as "reverse passing off" which is a form of trademark infringement. These scenarios are a bit tricky because we have to see the difference between using a logo as a trademark to identify you as the source of the product, which in this case you are not versus placing a design even if that is a logo on a plain T solely for promotional purposes. So if your aim is to promote a fashion brand, you will want to white-label your own products that show your brand as the source. This is because you are not the source of the shirt and on the label will appear the actual maker of that shirt. So in this case, if you buy plain Nike or Champion brand shirts and place a logo or design on them, that use of the design would be merely ornamental. Maybe, but you have to make sure you avoid causing any market confusion as to the source of your shirt.
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