Ten Things to Know About Trademark

We are excited to have C&T publishing our book, Just Wanna Trademark for Makers. This book is designed for craft and maker businesses, large and small, established and just beginning, to help you with deciding when and how to apply for a trademark with the United States Patent and Trademark Office. Here are ten things you might be wondering about trademarks.

1. What is a trademark?

We all know trademarks – the logo on your favorite type of chips, the name of the service you call to fix your computer, and your favorite company to buy rulers from. A trademark is a source identifier of where a good or service comes from, and it is how our world differentiates between one brand of yarn and the next.

2. Do I need a trademark?

Trademarks are something we use everyday, and as we build businesses, they become even more important. Are you creating a product, service, or business? Do you sell on Etsy? Do you have a blog that you want to become well known? Trademarks help people distinguish and remember you. “I loved that Etsy shop.” How do they find you again? “I want another pattern from that company.” How do they remember yours? Trademarks do the heavy lifting.

By gaining a federal trademark, you have a stronger protection against others using a similar mark. If you have a registered trademark, you alert the world to how you are using a particular word or image to identify your goods and services. It puts the world on notice, and that’s a good thing.

3. How do I get a trademark?

You apply at the United States Patent and Trademark Office! You fill out an online application, and they process and evaluate your application through their system. This includes a review by a trademark examining attorney, and then publishing it to see if anyone in the world has a problem with your application. Then, bingo! You get a certificate, and you can add the ® to your products and services to let the world know, indeed, you have a federally registered trademark.

4. Do I need a lawyer?

Nope! You can have a lawyer, but you can file what is called pro se, or on your own. If you are an international company or individual, the USPTO does require a U.S. attorney.

5. How much does it cost?

The application fee is $250. You file at the USPTO’s website and pay there.

6. How does Just Wanna Trademark for Makers help?

We wrote this book to help makers and creative entrepreneurs prepare their trademark applications. With a little bit of knowledge and homework, there are studies that show you are more likely to have a successful application. But we couldn’t find any books that walked you through the process and met makers where they are. So, we wrote one..

7. Who are the authors?

Elizabeth Townsend Gard is a law professor at Tulane University, teaching trademarks and other things. Sid Gard is a writer and artist, who is currently a student at the School of the Art Institute of Chicago. Together, we created Just Wanna Trademark for Makers.

8. How much time does it take to get a trademark application ready?

Using the book, we have seen that it takes a few hours to read through and understand the concepts involved. Along the way, you are gathering the information you will need for your application. Once you get to filling the form online, it takes about 10 minutes.

9. How long does it take to get a trademark?

Right now, the USPTO is estimated that once you file an application, it will take 9 months for a trademark examiner to begin the process. But we have seen personally that it can take as little as 3 months to complete the process. You just never know. But by filing, you start to create a record of priority (who files first often gets the mark), and that’s really important. So don’t delay.

10. This still seems scary.

Oh, no! It’s not scary. It’s actually quite fun. And you learn something you can pass on to friends. Trademarks are not scary. And we are here to help. The book helps you with every step, and even helps you to decide when you might want to call in an expert (lawyer) for help.

The book is written for makers and crafters. And it's pretty too.

Sid and C&T Publishing Senior Graphic Designer, April Mostek, designed a beautiful book – and that’s really distinct. Most law-related books are not pretty. But this is for makers. So, it must be pretty.

Tell us about your trademark journey! Join the Just Wanna Quilt Facebook group or email Elizabeth at townsend@tulane.edu. And don’t be afraid to jump in and learn all about trademarks!

—Elizabeth and Sid

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Elizabeth Townsend Gard is the John E. Koener Endowed Professor of Law at Tulane University Law School and an avid quilter since childhood. She lives in New Orleans, LA.

Sidne K. Gard is a Distinguished Scholar undergraduate at the School of the Art Institute of Chicago and Managing Editor of Fnewsmagazine. They focus on the translation of legal concepts for artists, quilters and crafters. They live in Chicago, IL.

Together, Elizabeth and Sidne started Just Wanna Quilt, which has expanded to crafts and art as well. Listen to the podcast and learn more at justwannaquilt.com.