Trademarks. You probably thought they were for giant corporations or brick-and-mortar businesses, non your fine art career.

Just, consider this: what if another artist starts selling their work, apace gains popularity—and they are using the same exact business name as you? This would be extremely confusing to potential buyers, not to mention what that means for the value of your pieces. It doesn't seem fair to anybody.

That'south how trademarks were born. While copyright laws protect your artwork, trademark laws protect your business by making certain no ane else tin can apply that proper name to sell art. Your brand doesn't become diluted by similarly named businesses, and customers are able to find you without any confusion.

That's why it's of import to annals your fine art business name as a trademark if you desire to protect the longevity of your business. Who knows if someone out at that place might too be using your business organization name? It's happened earlier. And, if that happens to you, you lot will have to spend extra fourth dimension and money changing your sites and marketing materials, possibly fighting legal activity, and ultimately disruptive art customers.

To help you become started, we've rounded upward a few things you lot should know virtually the process of registering your trademark.

Do a Comprehensive Search Beforehand

The very first pace of registering a trademark should always be checking the Trademark Electronic Search Arrangement database to brand sure someone else hasn't already registered the mark in your category.

Why? If a "likelihood of confusion" can be established between your name and a registered or pending trademark, and then your application will be denied. This means you lot can kiss your registration fee goodbye, and you lot'll end upward having to submit a whole new awarding with yet another plush registration fee.

So, exercise yourself a favor and research your potential proper name as much as possible. Call back, fifty-fifty trademarks that are too similar or generic can cause your registration to be denied.

Be Prepared With the Proper Documents

Before you annals, there are a few components of the awarding you should be aware of explains Art Police Journal.

For instance, you volition need to include proof of ownership, or a verified statement that you believe you are the owner of the mark you desire to be registered, as well every bit your written consent if yous volition be using your own proper name equally part of the trademarked name.

Yous'll likewise be asked near your footing for filing. Use "actual employ" if yous are already using the name for your art business or "intent-to-apply" if you lot oasis't started selling even so. Filing for bodily use will require images of your work or fifty-fifty advertising materials with your name already in use, along with the appointment it started beingness used in commerce. Intent-to-use requires a good faith statement well-nigh your plans to utilise the name.

Furthermore, you may be required to include a list of the goods and services in connection with which you intend to use the trademark, as well as classify which of the 45 trademark categories your name falls under.

Annals Your Trademark Online

Once y'all are prepared, the final step is to register your trademark. To complete the process, become to the U.S. Patent and Trademark Office'south site, world wide web.uspto.gov. The process can be lengthy, lasting several months and requiring multiple steps, and application fees can range from $225 to $400.

Consulting a reputable trademark attorney is the best way to ensure that all of these steps are handled correctly earlier, during, and after the application process. For more than information on the basics of trademarks, visit USPTO's website.

Ready to get started? Learn how to choose the correct proper noun for your art business.