In order to get a registered trademark in the USA, the mark needs to
have been used in commerce for a long period of time before it can
be registered, therefore it is not illegal to use an unregistered
mark.
It is illegal to use the sterling mark in a misleading way. For
example, if the piece is made of mixed metals such as sterling and
copper, and if it has a sterling mark, it must also have a copper
mark.
In order to get a registered trademark in the USA, the mark needs to have been used in commerce for a long period of time before it can be registered, therefore it is not illegal to use an unregistered mark.
Sorry, this is incorrect. A trademark does not need to be used
before it is registered but it must be used within a specified period
of time after registration or is will be considered abandoned.
James Binnion
James Binnion Metal Arts
Sorry, this is incorrect. A trademark does not need to be used before it is registered but it must be used within a specified period of time after registration or is will be considered abandoned.
My understanding is that an application for a trademark can be made
if the mark is already being “used in commerce”, or if the applicant
has “intent to use” the mark in the future.
On the USPTO website, see “Basis for Filing”, and “What is Intent to
Use”, where the following “Note” is found:
"If you file based on intent to use, you must begin actual use
of the mark in commerce before the USPTO will register the
mark....."
My understanding is that an application for a trademark can be made if the mark is already being "used in commerce", or if the applicant has "intent to use" the mark in the future.
I just went through the process of registering a new trademark, you
must use it within the specified period. This satisfies the intent
part. You must provide proof of commercial use within the
appropriate period or they will rescind the registration. But you do
not have to use it before applying.
James Binnion
James Binnion Metal Arts
I am having a hard time finding the webpages that are relevant to
jewelry on the USPTO website, can someone post a link to the pages
related to jewelry? I have tried to use their search unsuccessfully.
I have a couple of questions related signatures that are not
trademarked, but legal like Beth Wicker’s. Does it have to be full
names or can it be initials? Also, can signatures be done with
stamps or a scribe or does it have to be engraved?
Thanks,
Melissa Stenstrom
I have a couple of questions related signatures that are not trademarked, but legal like Beth Wicker's. Does it have to be full names or can it be initials? Also, can signatures be done with stamps or a scribe or does it have to be engraved?
I am not a lawyer so this is worth what you paid for it 
It must
be a full name, they want to be able to identify the maker. This is
why a lawyer would probably recommend a registered trademark as there
is no question who it belongs to. Whereas there lots of John Smiths
out there.
James Binnion
James Binnion Metal Arts
Concerning the matter of registering a trademark, the best places to
start, IMHO, is the page of basic FAQs (from uspto.gov website):
http://tinyurl.com/yb2ynoc
Trademarks and patents are regulated by the US Patent & Trademark
Office, a division of the Department of Commerce. Copyright,
however, is different and is managed by the Library of Congress.
From the uspto.gov site:
Patents, Trademarks, and Copyrights are three types of
intellectual property protection. They are different and serve
different purposes. Patents protect inventions, and improvements
to existing inventions. Trademarks include any word, name,
symbol, or device, or any combination, used, or intended to be
used in commerce to identify and distinguish the goods of one
manufacturer or seller from goods manufactured or sold by others,
and to indicate the source of the goods. Service marks include
any word, name, symbol, device, or any combination, used, or
intended to be used, in commerce, to identify and distinguish the
services of one provider from services provided by others, and to
indicate the source of the services. Copyrights protect literary,
artistic, and musical works. For general
publications and other copyright related topics, you may visit
their Web site at http://www.copyright.gov . Copyrights
can be obtained from the U.S. Copyright Office,
Library of Congress, Washington, DC 20559 or you may call 202
707-3000 or 202 707-6737 (TTY).
Elizabeth Watson