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Help filing a trademark for a brand name

by bsurb
16 replies
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Whats up guys, Iv been trying to create my own clothing brand/movement for sometime now and I decided to build my brand around the area I am from. Born and raised in Florida, I want my brand to be all about the sunshine state. I already have a name, designs, and a couple tshirts printed up with tags as well. There is a similar brand name who supports the Florida culture but I am aiming in different directions as far as targeted audience.

The existing brand name is called, "FloGrown". Which Flo is short for Florida of course and grown meaning raised in FL. Most of their fan base are country people....

Now my brand name is called "Flociety". Flo, short for Florida and ciety is short for society, meaning I want everyone in our society as a state to become apart of my movement. I am aiming for mostly hip hop culture, music, and the beach scene....

If I go to file for the trademark, do you think I will get turned down for that?

I understand that if a trademark sounds alike or causes "confusion", it won't be approved. But I don't think that causes too much confusion does it?
  • Profile picture of the author tarushi1
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    • Profile picture of the author Kay King
      No one knows if you'll get a trademark or not...but personally I think it's a silly name for a clothing line. "Flociety" doesn't make me think of Florida and I recently lived in a state next to Florida. It's a made-up word that tells me nothing about your product.

      It sounds like a made up 'catchy' name - but it's not catchy in my opinion. Sunshine Apparel, Florida Fashions, Sunshine State Design, Fla-Scene or Flo-Scene, FLA-Style, etc....give a better idea of "what and where" you are coming from. My advice is to test that name before you put money in it.

      One big mistake new businesses make is getting too cute in their logo or becoming too fond of an idea without testing to see if the idea will work.
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  • Profile picture of the author bsurb
    Thanks for the feedback. I like the name. Its different and that's what I like. Iv had lots of good feedback on it already and the stickers I have made already. It sounds like one word and its easy to pronounce.

    The brand name doesn't even matter too much. It does of course but its all about how you market your products.
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  • Profile picture of the author bizgrower
    Regardless, Flogrown might take action. Before you invest too much time and money, it's best to talk to an attorney about this stuff.
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  • Profile picture of the author sbucciarel
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    I think it's quite possible that the other company will dispute it when it's registered. I filed for a Trademark years ago called PagePro and the company Pagemaker disputed it. I fought back and won after changing it to a category that they objected less to, but you might not be so lucky.
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    • Profile picture of the author BigFrank
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      You can file a trademark application at USPTO.gov. I did mine without any legal help and it was just a few hundred bucks for the fees. I had to take a few pics to upload and then wait for months, but it was approved. Easy-peasy.

      Cheers. - Frank
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  • Profile picture of the author Jack Gordon
    My gut, having been through this a couple of times before, is that you will probably be ok. Those seem different enough to give you the space to make a good case for yourself.

    Having said that, there is no assurance that the other company will see it that way.

    And, of course, they are not your only concern.

    Trademark examiners are trained to look for any reason to reject your application. In cases where there is any risk of controversy, you would be well advised to seek legal assistance to file this right the first time around.

    It will cost you a bit more, but it may shave months (or years) off the time it takes to get through the process.

    And personally, I like the name. I think it feels right for the project and the market.

    I wish you the best of luck.
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  • Profile picture of the author bsurb
    Thanks guys. Ill take the chance and try the application.
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  • Profile picture of the author HeySal
    First - It's close enough, and covers the same type of merchandise, so yeah, it can cause confusion. I think you might be too close for comfort on it.

    First -- write to the company and ask if they feel it's too similar. They're the ones that will be putting in a complaint if it is, so they can tell you straight off if they find it so and save you a lot of problems.

    The Problem with the "Flo" is it contains double meaning that is unique for that brand.
    Perhaps if you add a letter and go "Floreity" the issue would solve itself right there. Not quite the same "meaning" as you have, but that "meaning" is what would spark a patent dispute.

    Check with them before filing your patent. It takes a lot less time and money than a lawsuit.
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    Sal
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    • Profile picture of the author BigFrank
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      I own aquamallofamerica.com which I was going to use as an online store for fish breeders nationwide. Within 3 days of registering that domain I got a truly nasty letter from the Mall of America spouting 'trademark infringement' and that 'consumers will be confused' tripe. They threatened to have me shot at the crack of dawn, if all else failed in their attempt to get me to cease and desist from using the name.

      I told them they were morons and didn't have the guts to do anything at all and that if they tried I would shame them, nationally.

      I wonder whatever happened to those folks. I guess they simply forgot about me. Oh, well.

      Cheers. - Frank
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      • Profile picture of the author bsurb
        Originally Posted by BigFrank View Post

        I own aquamallofamerica.com which I was going to use as an online store for fish breeders nationwide. Within 3 days of registering that domain I got a truly nasty letter from the Mall of America spouting 'trademark infringement' and that 'consumers will be confused' tripe. They threatened to have me shot at the crack of dawn, if all else failed in their attempt to get me to cease and desist from using the name.

        I told them they were morons and didn't have the guts to do anything at all and that if they tried I would shame them, nationally.

        I wonder whatever happened to those folks. I guess they simply forgot about me. Oh, well.

        Cheers. - Frank
        That is more the same than the name I am trying to choose. I don't think asking them would be a good idea because I'm 99% sure they would just say NO, you may not register it.... Because they don't want another company making clothing...

        The USPTO will base the trademark on sight, sound and meaning.... The sight and sound of the marks are pretty different...

        Also, "Flomotion" is another brand based on our state. They have a LIVE registered trademark and that is more similar to Flogrown than mine.
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        • Profile picture of the author HeySal
          Originally Posted by bsurb View Post

          That is more the same than the name I am trying to choose. I don't think asking them would be a good idea because I'm 99% sure they would just say NO, you may not register it.... Because they don't want another company making clothing...

          The USPTO will base the trademark on sight, sound and meaning.... The sight and sound of the marks are pretty different...

          Also, "Flomotion" is another brand based on our state. They have a LIVE registered trademark and that is more similar to Flogrown than mine.
          You can always get a Patent search company to do a search for you. If that search returns either of those names, that's a signal that there may be a legal problem as the search system is set up to flag that type of thing. Patent owners are basically obliged to react to infringement, because it can deactivate their patent to not do so. Whatever anyone says about yours being too close or not or if you will have a problem or not - unless you have consulted a patent lawyer, you're at risk if you use any part of another patent holder's name when selling the same type of merchandise.
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          Sal
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  • Profile picture of the author bsurb
    You're at risk with almost anything you do. I have hired LegalZoom.com to do a nation wide and federal search for an old brand. All they do is dig up searches and send to you on a cd. They don't give you advice on whether you should register it or not. And that cost $300-$400.

    Id rather spend that on the uspto application and keep my fingers crossed. Worst comes to worse I could sell the brand...
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    • Profile picture of the author whateverpedia
      Originally Posted by bsurb View Post

      Worst comes to worse I could sell the brand...
      How are you going to sell a brand that another company has stopped you using for trademark infringement?
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    • Profile picture of the author bizgrower
      Originally Posted by bsurb View Post

      You're at risk with almost anything you do. I have hired LegalZoom.com to do a nation wide and federal search for an old brand. All they do is dig up searches and send to you on a cd. They don't give you advice on whether you should register it or not. And that cost $300-$400.

      Id rather spend that on the uspto application and keep my fingers crossed. Worst comes to worse I could sell the brand...
      I took a quick look because their ads seem to offer more. It looks like currently, LegalZoom is $169 or $189 plus the government filing fee of $325. The $189 level gives you 30 days to speak to one of their attorneys - I guess by free trial of their pre-paid legal service. Worth checking to see if that's just procedural stuff or specific advice about your situation.

      Another way to get good advice is to hang out a local inventors or business group where you will run into a patent attorney and/ or a paraprofessional who does patent and trademark searches for less than an attorney. I ran into both at an inventors group I used to frequent, and the paraprofessional was in law school anyway.

      Perhaps look for a local patent attorney for a consult before you spend money and start branding and marketing collateral expenses....

      I'm starting to research pre-paid legal for my situations as general manager of a business and
      owner of a consulting firm.

      Dan
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      • Profile picture of the author Kay King
        keep my fingers crossed
        Not a good way to run a business.

        You have attached yourself to this name - so file and see what happens. I also think it would be difficult to SELL a brand closed down for infringement no matter what is being sold.

        You seem to be justifying as you go along. Nothing wrong with that as it's your idea and your brand. All you can do is file for the brand name and see what happens.
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  • Profile picture of the author bsurb
    To someone who wants to go a different route. Doesn't have to be "clothing". If you use the brand name for something such as a music label or a product, it falls under a different registration class... If I register my name as software products I would get approved without a doubt. But knowing I'm aiming for class 025 (apparel/clothing) is what makes it tougher.
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