Northport, NY asked in Trademark, Copyright, Business Formation and Intellectual Property for New York

Q: Broke dad trying to help broke college daughter file for a trademark

My daughter is an artist, photographer, craftswoman, woodworker and a very creative person. She has been selling by word of mouth. She creates and re-purposes many different items putting her flair on them and is attempting to build a brand. She came up with a "company" name and wants to trademark it. It is not a specific 'goods' but more towards a 'service' as she creates. It is not a patent or copyright item. She puts her company name on everything she creates People have come to know her work by her company name. She owns the domain name but no site yet as she wants to trademark the name first. I told her I would pay the $225 filing fee but we are stumped At this point all we want is to secure the company name. Does Class 40, Treatment of materials encompass ALL DESCRIPTIONS of class40 or do we have to pick 1 of the class 40 descriptions. We acknowledge that any response is an opinion not legal advise. THANK YOU ALL SO MUCH

4 Lawyer Answers
Steve Charles Vondran
Steve Charles Vondran
PREMIUM
Answered
  • Trademarks Lawyer
  • San Francisco, CA

A: I have a video on this that many thousands have enjoyed. See you at the top! Attorney Steve®

https://youtu.be/8gSE59gC94c

Marcos Garciaacosta agrees with this answer

1 user found this answer helpful

Evelyn Suero
Evelyn Suero
Answered
  • Trademarks Lawyer
  • Miami, FL

A: Instead of using the TEAS Plus application, you may opt to use the TEAS standard application, which allows the applicant to write a description of their goods and services.

Marcos Garciaacosta agrees with this answer

1 user found this answer helpful

Marcos Garciaacosta
Marcos Garciaacosta
Answered
  • Trademarks Lawyer
  • Mesa, AZ

A: I like using TEAS Plus, you can pick any of the descriptions that fit what your daughter does and you can also search for the service and it will tell you the class that best fits.

Looks like you may want to look into 041.

if you select more than one class, you need to pay extra, best luck

be aware that she needs to provide proof of use and if she uses her name in the mark she needs to provide proof that it is her.

best luck

1 user found this answer helpful

Allison Higgins
Allison Higgins
Answered
  • Trademarks Lawyer
  • Helotes, TX

A: Many places have pro bono legal trademark services for artists. (I've participated in them in both Louisiana and Texas.) I would search around and see if there is one in your state. That way she can get accurate legal representation at low or no cost.

Best of luck with her endeavors!

1 user found this answer helpful

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