I’m thinking about registering a maker’s mark. Could anyone tell me
about the process. How do I know if mine isn’t already used by
someone else. I’m told, whatever logo I come up with most likely has
been taken already. I would appreciate any info that you all can
supply. Thanks
You might check out www.uspto.gov or call the Trademark Assistance
Center at 800-786-9199. I couldn’t even begin to go through the red
tape. I get blurry vision even looking at complex government web
pages. There are lawyers that handle this sort of thing. However, you
can go online an look up registered marks by category of design and
then go from there. It takes several monthes for the agency to
actafter you pay them a fee. Then you have a certain amount of time
to follow through with steps on your part, etc. It isn’t impossible
to
do, I just chickened out and hired a lawyer.
Good luck, Dennis
Offhand, I know there are two levels of registration…you can do it
on the State level for about $35 or so or you can do it on the
Federal level for $300-400, which gives you better protection, but
it depends on what you can afford. I believe it’s good for 10 years.
In North Carolina, where I am, they want to see some evidence that
the icon is in use such as letterhead, advertising etc…I’m not
sure about the search process… Someone told me they used one of
these online law places to do it for them…cost a little over $400
incl. fees, but that might be one way to go.
Jeanne
http://www.jeannius.com
check out www.uspto.gov or call the Trademark Assistance Center at
800-786-9199. However, you can go online an look up registered marks
by category of design and then go from there. It takes several
monthes for the agency to act after you pay them a fee.
I did mine all by myself. I actually went into the Trademark office
while in Washington on vacation and pulled out the trays with the
letters of my monogram logo to make sure that I wasn’t in conflict
with anyone else. This wasn’t available on-line 12 years ago. That’s
what the lawyer would do for you, check for conflicts. From the point
of submission, publication for objections, etc, the process lasted 18
months. After 10 years, I had to pay another $100 to update. If I
remember correctly the original fee about 12 years ago was $280.
I have been asked by our readers to give more on this
problem. To register a maker’s mark on the national level you must
register it as a trademark with the Federal Trade Commission.
I searched the FTC website and found no or guidance.
After placing several calls to the FTC, I was informed by their
representative that a trademark, registered with the help of an
attorney, was the appropriate path to obtaining a legally registered
maker’s mark.
Once you have a search done to confirm that no other company is using
your symbol or name, you can register it as your trademark, then you
can have a stamp made and use it to identify your jewelry.
20 years ago, in Washington state, with my state business license I
was able to register my name at the state level and use it as my
maker’s mark on my jewelry.
That registration is no longer legally valid and unfortunately, I
recently discovered that my first name has already been registered as
the trademark for a hardware manufacturer based in New Jersey. Since
they are identified as a manufacturer of metal products, there is
still some question whether or not I can legally register my own name
for use as a jeweler’s mark. It seems the federal government doesn’t
see the distinction between the brass and nickel used to make an
ornamental door knob and the gold and silver I use to make ornament.
If you are truly dedicated and want to secure your logo or name as
your trademark, learn from my mistake and make the investment for the
national level of registration.
Nanz Aalund
Associate Editor / Art Jewelry magazine
21027 Crossroads Circle / Waukesha WI 53187-1612
262.796.8776 ext.228
I recently discovered that my first name has already been registered as the trademark for a hardware manufacturer based in New Jersey. Since they are identified as a manufacturer of metal products, there is still some question whether or not I can legally register my own name for use as a jeweler's mark. It seems the federal government doesn't see the distinction between the brass and nickel used to make an ornamental door knob and the gold and silver I use to make ornament.
Yes they do recognize the difference there is a separate jewelry
category in CATEGORY 17: HOROLOGICAL INSTRUMENTS AND PARTS; JEWELRY;
WEIGHTS AND MEASURES which is JEWELRY 17.03. with several
subdivisions (rings, stones, necklaces etc) you can register in the
overall category or in the subcategories. Trademark registration is
a somewhat convoluted process but you can DIY or pay an attorney to
do it for you. In any case expect to pay between $275 and $375 per
filing plus any search and attorney fees and you must file
separately for each class you want the trademark in. You must also do
a trademark search to determine if your proposed trademark is in use
you can do this or can pay to have it done, don’t skimp on this step
if you file for a trademark and it is turned down you don’t get your
money back for the fees.
FWIW to quality mark your work (14K, 18K, Plat. etc) in the US the
FTC also requires you to mark the work with your registered
trademark.
Jim
James Binnion
@James_Binnion
James Binnion Metal Arts
360-756-6550