Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
HelloThis is Samuel and I will discuss this and provide you information in this regard.If your apparel has anything to do with surfing then no. You probably would be rejected in seeking a trademark. You can search the Trademarks/names and see if they have one. If they don't then I suggest you consider submitted for yours under that name.My search reveals the names at this LINK and the Koloa Surf Co is trademarked. And there is also a simple "Koloa" which does apparel such as shirts, t-shirts, shorts, board shorts, sweat shirts, hooded sweatshirts, tank tops, hats and beanies.I suggest that adding the word "Apparel" to your product would not be enough of a distinction for what is already trademarked.
If a trademark has been used for a continuous period of at least five years after the date of registration, the right to use the mark and the registration may become "incontestable". .