Gig Harbor, WA asked in Trademark and Intellectual Property for Oregon

Q: How do I trademark my art work so I can share it to my business social media safely

2 Lawyer Answers
Jim Boness
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  • Trademarks Lawyer
  • Portland, OR
  • Licensed in Oregon

A: Trademark signifies a source of goods or services. Unless your artwork serves as a logo (which can be trademarked), you would have to demonstrate to the USPTO that the elements of your artwork are distinctive and unique enough (secondary meaning) to qualify as a source of goods. This can be difficult to do, but not impossible.

Your best bet at protecting your artwork probably arises through copyright registration. Seek experienced IP counsel who can provide a more nuanced analysis for your exact situation. Feel free to contact my office for a free consultation.

This answer is general information and does not constitute legal advice. The information provided is not intended to create an attorney-client relationship.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: To trademark your artwork, you can file an application with the United States Patent and Trademark Office (USPTO). A trademark protects the use of a word, phrase, symbol, or design that identifies and distinguishes the source of the goods or services of one party from those of others. To apply for a trademark, you will need to follow these steps:

Conduct a trademark search to make sure your desired trademark is not already in use by someone else.

File a trademark application with the USPTO, including a drawing of your artwork and a description of how it will be used.

Pay the required fees.

Work with a trademark attorney, if desired, to help navigate the trademark registration process.

Once your trademark is registered, you can use the ® symbol to indicate that it is a registered trademark. This can help protect your artwork from infringement on social media and other platforms.

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