Ronald T. Martin Trademarks. They were probably for large corporations or brick-and-mortar businesses rather than your art career.
Consider this: What if another artist sells their work quickly and uses the same business name? This could confuse potential buyers and impact the value of your work. This seems unfair.
This is how trademarks were created. Copyright laws protect the artwork. However, trademark laws protect your business by ensuring no other person can use your name to sell art. Customers can find you easily without confusion, as similar-named industries do not dilute your brand.
If you want to ensure the longevity of your company, it is essential to register your name as an art business trademark. You never know who might be using your business name. It has happened before. It has happened before. You must spend more time and money to change your websites and marketing materials. This could include fighting legal action and confusing customers about art.
We have compiled a list of things you need to know about registering your trademark.
Perform a Comprehensive Search beforehand.
To register a trademark, the first step should be to check the Trademark Electronic Search System database to ensure no one else has reported the mark in your specific category.
Why? Your application will be accepted if there is a likelihood of clarity between your name, a trademark registered or pending, and your name. You can now say goodbye to your registration fee and submit a new application that includes another expensive one.
Do yourself a favor by researching your potential name as thoroughly as possible. Registering a trademark that is too similar or generic could result in your registration being denied.
Prepared with the Correct Documents
You need to be familiar with some application components before you register.
You must provide proof of ownership or a verified statement proving you are the owner. If you plan to use your name in the trademarked name, your written consent will also be required.
Also, you will be asked about the basis of your filing. If you already have the name of your art business or intend to use it for future sales, you can use “actual usage.” You will need images of your work and advertising materials containing your name to file for actual use. A statement of intent-to-use must be made in good faith about your intentions to use the word.
You may also be required to list the goods or services for which the trademark is used and to classify the relevant trademark categories.
Register your Trademark Online
After you have completed the preparation, you can register your trademark. Complete the process by going to the U.S. Patent and Trademark Office’s website. This process can take several months, require multiple steps, and cost you between $225 and $400.
A reputable trademark attorney can help you ensure that every step of the process is handled correctly before, during, or after your application. Visit the USPTO website for more information about essential trademarks.
