There has been some controversy over who NOGITM really is. Let's try to clear that up:
FACT: NOGITM is owned by: Chris / Zack / Jake Brennan and Jeremy Cripe...PERIOD
FACT: NOGITM is legally Trademarked by the above. (note: this includes all variances of the word. Such as :hyphenated, with the macron over the O, without the macron, etc... )
FACT: Any person or entity other than the above, using the name NOGITM without our permission is in violation of the law.
It is unfortunate that BTT and their investors have put all this time and effort into a clothing line and none of that effort was directed toward finding out if the name was taken.
We have no ill will toward BTT or their investors and, in no way infer the products they produce are of poor quality.
Bottom line is, there are TONS of clothing lines out there and there is plenty of room for more in the future....just use your own ideas.
The first, easiest and cheapest pre-TM is to put all your product info and what not on paper and mail it to yourself, don't open the envelope, but you will have a federal post marked package that will support your claim to complete ownership of said product and images.
FACT: NOGITM is legally Trademarked by the above. (note: this includes all variances of the word. Such as :hyphenated, with the macron over the O, without the macron, etc... )
"FACT: Any person or entity other than the above, using the name NOGITM without our permission is in violation of the law."
This is a loaded statement. It is incorrect in fact. I'm not saying the TM is worthless, but owning a TM does not protect against ALL USE. Your section 106 rights are balanced against fair use, so lets not get carried away. That said, commercial use will create problems that will demand legal attention.
NoGi sounds like a descriptive mark at best. The mark specifically describes the products (they are not the Gi) and as such gets less protection since the TM has not acquired secondary meaning IMHO. This is my analysis, and not the only analysis. The TM might be open to a challenge as to it's inherent distinctiveness (regarding clothing).
Finally, I went to USPTO.gov, and found no such name trademarked, or even an application. Additionally, none of the 4 names you mention come up in a TM owner search. What gives?
"The first, easiest and cheapest pre-TM is to put all your product info and what not on paper and mail it to yourself, don't open the envelope, but you will have a federal post marked package that will support your claim to complete ownership of said product and images."
THis doesn't always work. All it proves is that you started use of the name at a certain time. It is not a legal registered TM.
It's up to the guy with the TM to go after the guys using their TM. The best bet is to warn them first to cease and desist. Then if that is no dice then you go after them legally.
I did a TM on my own company back in the early 90's. When you do so they notify you of all other companies who try to do it after you.
The Memphis Mad Dogs Football team paid me some cash to use their name.
you cant TM a name, only logos + name . you better trademark every logo you have, NOGI is wide open as of today. there are no results on the TESS site ( government )