Trademark - is "selling" on Cafepress/Zazzle/Spreadshirt a service?

[TheLiverDoctor]

What is the name of your state (only U.S. law)? I am after generic advice - but it's NY state.

I have a variety of storefronts on Zazzle, Cafepress, Spreadshirt (selling shirts, sweatshirts, baby onesies etc). I'm considering trademarking my individual store name because I spend time and money promoting my storefronts to get buyers on the website etc. I'm not looking to trademark any designs printed onto the clothing.

(For those that don't know, Zazzle etc make clothing. I choose designs, edit it, and then choose which products to apply it to. Zazzle print/ship the product to customers on demand and give me a royalty. My brand does not get printed on the goods themselves. I'm not looking to trademark any designs printed onto the clothing - just my "storefront" name.)

I was thinking I could classify my trademark under Class 35 (e.g. 'Online retail services connected with clothing and headgear' etc. or alternatively, 'The bringing
together, for the benefit of others, of a variety of goods, enabling customers to conveniently view and purchase clothing'...)

However, I've heard conflicting things about whether or not I can trademark my storefront name - the question is whether or not I am providing a service?

Anyone been in a similar situation? Does anyone know of anyone who has trademarked a Cafepress/Zazzle/Spreadshirt "storefront" name?

I suppose another analogy would be affilates who create and promote websites that sell other company's goods (with the money handling and shipping done by the other company) - can they not trademark their brand name??

Thank you for reading!

 

[Zigner]

If you saw my previous reply, please ignore it. It was meant for someone else.

If you DIDN'T see my prior reply, good

 

[quincy]

What is the name of your state (only U.S. law)? I am after generic advice - but it's NY state.

I have a variety of storefronts on Zazzle, Cafepress, Spreadshirt (selling shirts, sweatshirts, baby onesies etc). I'm considering trademarking my individual store name because I spend time and money promoting my storefronts to get buyers on the website etc. I'm not looking to trademark any designs printed onto the clothing.

(For those that don't know, Zazzle etc make clothing. I choose designs, edit it, and then choose which products to apply it to. Zazzle print/ship the product to customers on demand and give me a royalty. My brand does not get printed on the goods themselves. I'm not looking to trademark any designs printed onto the clothing - just my "storefront" name.)

I was thinking I could classify my trademark under Class 35 (e.g. 'Online retail services connected with clothing and headgear' etc. or alternatively, 'The bringing
together, for the benefit of others, of a variety of goods, enabling customers to conveniently view and purchase clothing'...)

However, I've heard conflicting things about whether or not I can trademark my storefront name - the question is whether or not I am providing a service?

Anyone been in a similar situation? Does anyone know of anyone who has trademarked a Cafepress/Zazzle/Spreadshirt "storefront" name?

I suppose another analogy would be affilates who create and promote websites that sell other company's goods (with the money handling and shipping done by the other company) - can they not trademark their brand name??

Thank you for reading!

You can register as a trademark a name that you have been using in commerce to identify your business, your products or your services. If you are selling products from your online store (your business), you are providing a service to the public under your business name (your trademark).

An example: The retailer Target sells goods that are created by companies with their own trademarks. You can buy Coca-Cola at Target.

Good information can be found at the USPTO site: http://www.uspto.gov