Any one know about trademarks

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TAB Studio

New member
Any one know about trademarks/service marks and if an artist should have or need one.

I am limited on funds but wonder is it too much to wade through to BS myself. Changed my daughters name once and registered my corp alone as well but this looks rather daunting at first glance.

Do I even worry?
 
O

Ogrebane

Active member
Not sure how it works in the states but in Oz you can register a business for about $50.

As to IP as long as you can identify that a piece of art is yours then you own the rights to it. But it is always a good idea to register something if it can be used to make money with.

Cheers Im sure Vince will be along soon to set us all straight.
 
Dragonsreach

Dragonsreach

Super Moderator
Staff member
A while ago I researched Trademarks in the UK and to register one here cost about £200.

I\'m sure that there will be other means to register a trademark.
A long while ago 20 years plus I remember a way of registering something to define copyright, was to post it to yourself including a signed and witnessed date document, and have it delivered as registered mail so it had to be signed for by the recepient, (you) and then to leave it unopened. It could then be used as legal proof.
Don\'t know if that still stands as legal.

As someone has said Vincegamer will put you right for the USA. Chern An might have some light to shed on this as well.
 
R

Roger Bunting

New member
I\'m sure that there will be other means to register a trademark.
A long while ago 20 years plus I remember a way of registering something to define copyright, was to post it to yourself including a signed and witnessed date document, and have it delivered as registered mail so it had to be signed for by the recepient, (you) and then to leave it unopened. It could then be used as legal proof.
Don\'t know if that still stands as legal.
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Well, it still stood 10 years ago, as someone at university did it with his dissertation. I see no reason why it wouldn\'t stand now.
 
airhead

airhead

Coffin Dodger / Keymaster
Tracy, a Trademark is a symbol (think of Square D\'s symbol on electrical boxes or Dell\'s upturned E)

As an artist, I do not really need to see the need for a trademark. I\'m guessing you are more interested in copyright law? If you painted it, signed it and dated it, it is (generally) yours. There are a LOT of gray areas there.

When I was painting helmates, a lot of guys wanted cartoon caracters. Granted, I could freehand a Mickey Mouse, paint it from scratch, but it would still be a Mickey Mouse - easily recognisable as such. And I would be infringing upon Disney\'s copyrighted (copyritten?) material. Disney probably would not go after me as a small artist, but if I was producing 100\'s of decals, you can bet I\'d get a visit from their lawyers with a cease & desist order.

Our mini become even more complex. We are painting on a sculpture that someone else owns the rights to. Our painting for sure, but on (i.e.) Reaper\'s mini that was sculpted by Werner Klok.
 
Dragon Forge Design

Dragon Forge Design

New member
Tracy,

depends on what you want it for..

Taken from the US Patent and trade mark office site.

What is a trademark or service mark?

A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.
A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Throughout this booklet, the terms \"trademark\" and \"mark\" refer to both trademarks and service marks.
Do Trademarks, Copyrights and Patents protect the same things?

No. Trademarks, copyrights and patents all differ. A copyright protects an original artistic or literary work; a patent protects an invention. For copyright information, go to http://lcweb.loc.gov/copyright/. For patent information, go to http://www.uspto.gov/main/patents.htm.

Are you sure you dont want to copyright something?
 
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Thunderhawker

New member
One easy way of copyrighting your material (I learned this as a comic book artist years ago) in the US, is to take a photo or copy of whatever your intellectual property is, and mail it certified to yourself. DO NOT OPEN IT. Put somewhere safe like a safe deposit box or firesafe. If ever there is a legal issue, you can take the certified envelope, unopened, to court and present it as a legal documentation of the date of your intellectual property. If its a photo or video I believe that you may want to include an image of that day\'s newspaper to verify the date, though that is heresay from a fellow comic creator bud of mine. He also said something about getting a USPS seal on the envelope but that is not something I have had any experience with. Hope that helps.
 
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TAB Studio

New member
It is a service mark I think I need , My name TAB Studio is the question that came up.

I did a vanity search under it and noticed the name is being used on a photographer\'s site. Site name is really TABStudios.com.

He has his gallery index HTML under TAB Studio so it comes up looking like one of mine when you first search. I want to ask for a correction but want to have my bases covered before I do.


Good photographer and I feel it happened by chance (looks like we have the same initials for a name) but after the hedgewizards getting so screwed up cause we did not grab every name under the sun. I am trying to make it so TAB does not get associated with another\'s site that may become not user friendly if the name becomes abandoned.

It looks costly for doing though and may not be worth it but I will today certify my logo to myself as you say it can not hurt and will protect the logo I designed for future.

I also put a TM because from what I read it is first in use first to defend and that you can put this mark as a statement of ownership and intent. I also interpreted that you can not put the R symbol until the process is official by the Gov.

Looks like I can file electronically for less money(all relative) but I am concerned to error because you have to pay each time again if you do from what I read.

Not sure if it is worth the effort but the concern is as my body refuses to cooperate physically in time with my current vocation, I am going to try to make art and design a income to help my family.

Thus I do not want to lose what small identity by time online I have built
 
Dragon Forge Design

Dragon Forge Design

New member
Well I have the same issue.. theres more than one dragonforge out there.. the other biggie is a blacksmith in England with dragonforge.co.uk but in the 6 years I have operated under the name Ive rarely had any issues pop up where we had any confusions. about the only time is when his girlfriend orders stuff online and she uses dragonforge.com and not.co.uk in her email address and I get her order conformation emails..which I just forward on lol
 
Dragonsreach

Dragonsreach

Super Moderator
Staff member
Originally posted by TAB Studio
It is a service mark I think I need , My name TAB Studio is the question that came up.

I did a vanity search under it and noticed the name is being used on a photographer\'s site. Site name is really TABStudios.com.

He has his gallery index HTML under TAB Studio so it comes up looking like one of mine when you first search. I want to ask for a correction but want to have my bases covered before I do.


Good photographer and I feel it happened by chance (looks like we have the same initials for a name) but after the hedgewizards getting so screwed up cause we did not grab every name under the sun. I am trying to make it so TAB does not get associated with another\'s site that may become not user friendly if the name becomes abandoned.
Click to expand...

Tracy: I\'d suggest contacting the photographer and explaining the situation then suggest a Tit for Tat relay. With links to their site and ask for links returning back to your site.
Approaching someone in a friendly manner mght get a better and cheaper reaction than having to lash out tons of cash.
 
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philologus

Subgenius
Just be careful, I have a co-worker who operates a small in-home art business. She had samples of her work on her website, one of which was labeled not-for-sale, but depicted a Volkswagen car with no logo. VW lawyers didn\'t even bother with a C&D, they just sent her a demand for $5000 US or 50% of her income whichever was greater.
 
T

TAB Studio

New member
She was a photographer? Right? Not a 2D painter
Like these would be issues if he does not have photo rights? http://www.tabstudios.com/Galleries/productgallery/index.html

Mike, You\'re right about that. I think that will be the first approach kinda like Jakob Nielsen did on his because of the web guy with the matching name. I do not think the web guy has one in return but still the same point.
I just want to be covered before-hand in case this is not a nice person. I worry too much maybe, maybe not?

I had thought of a prouduct to market a couple no not minis, but I think that is a whole nother ball of wax there. Then the trade mark is packaging needs etc. and costly as well.
Why do they make it so hard?

I did the mail envelope thing today . Thank you for that idea!
 
T

TAB Studio

New member
A glass etching of a Volkswagen caused that??? Whoa that is scary!

So how did that situation end up? Did she fight, pay, get a lawyer or run hide?
 
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philologus

Subgenius
Originally posted by TAB Studio
A glass etching of a Volkswagen caused that??? Whoa that is scary!

So how did that situation end up? Did she fight, pay, get a lawyer or run hide?
Click to expand...

She\'s in communication with her lawyer right now, no course of action yet. She didn\'t even have a logo, just the rudimentary outline of a VW auto.
 
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