Starting A Panty Line And Don't Know What To Do Next!

[Ogelsvie]

Hi,  I am just starting up my own underwear line, which features quotes taken from great literature and made filthy when placed out of context on a pair of underwear.  My first batch sold fast, and I am working on my 2nd batch, with wholesalers and silk screeners.  I plan to sell them to boutiques around NYC, and on the internet.  My question is:  what do I have to do to protect this idea?  I have heard different advice from everyone I have asked, and I'm not sure if I need to trademark, to incorporate myself, to patent, or if it's far too early in the game to be considering this stuff.  I would appreciate any advice you have to share.  Thanks!!

[ardolph]

Dear Jackie,

It is not possible to protect ideas but rather the representation of that idea. So, based on your description, you'd be able to trademark the name and/or logo of the line itself. To register a trademark, that's done either through your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark. If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct(OR are planning to conduct) business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.

Prior to investing your time, money & effort into a name, it is strongly advised that comprehensive research be conducted to ensure that the name you're interested in is truly available. This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark. Hope that helps! I wish you much success & happiness in all your ventures!

If you have any further questions, please don't hesitate to contact me. Thank you!

Warmest regards,

Shannon Moorehttp://www.tmexpress.comhttp://tmexpress.blogspot.com