Trademarks for artists

A free, plain-language guide. It explains how trademarks work so you can decide what's right for you. It isn't legal advice, and CopyRise doesn't file trademarks.

Copyright or trademark?

CopyrightProtects the art itself: the drawing, the song, the video, the character as you drew it. It's yours the moment you make it. Registering adds legal power. CopyRise helps with this.

TrademarkProtects the name, logo, or slogan you sell under, so buyers know a product comes from you. It comes from using the mark in business. Registering it with the USPTO makes it much stronger.

Many artists need both. Your character drawing is protected by copyright. The character's name printed on the tag of a t-shirt you sell works as a trademark.

Do you need one?

A trademark is worth thinking about when:

You sell products or services under a name or logo: a studio name, a shop name, a merch line, a series title.
You plan to grow that name: more products, a store, licensing deals, a show.
Someone else could cause confusion by using the same or a similar name on similar things.

You probably don't need one for a single artwork's title, your personal name when you aren't selling under it, or a name you're still trying out.

What makes a strong mark

Made-up or unexpected words are strongest. A made-up word, or a real word with no link to what you sell, is easiest to protect.
Describing what you sell is weak. A name that just says what the product is, like "Cool Art Prints", is hard or impossible to register.
It can't clash with someone else's. If a similar name is already used for similar goods, the USPTO will likely refuse yours, and you could be asked to stop using it.

Search before you fall in love with a name

Search the USPTO's records at tmsearch.uspto.gov. Try spelling variations and words that sound alike.
Search Google, Instagram, TikTok, Etsy, Amazon, and app stores for the name. Businesses get rights by using a name, even without registering it.
Check your state's business name records.

A clean search doesn't promise you're safe. It only means you found nothing obvious. A trademark attorney can run a full search and tell you how risky a name is.

What a U.S. application asks for

The mark. Words only, which protects them in any style, or a logo or design, which protects that look.
The owner. You personally, or your business, with a street address.
What you sell. Each kind of goods or service falls in a "class". Clothing, printed goods, toys, and entertainment services are different classes, and each class has its own fee.
Whether you use it yet. If you already sell under the mark, you show a "specimen": a photo of the mark on the product, its tag, or packaging, or a screenshot of the page where people buy it. A mockup or a picture of the art alone won't work. If you don't use it yet, you can file based on plans to use it, then prove use later for another fee.

What it costs to file yourself

The USPTO's base fee is $350 per class, plus extra if you write your own description instead of choosing one from the USPTO's list, or if the application is incomplete. Check the current fees on the USPTO's filing page before you file, because fees change. Expect the process to take many months.

How to file yourself

Create a USPTO.gov account and verify your identity. The USPTO requires this before anyone files.
File in the USPTO's Trademark Center. Read the USPTO's own guides there first.
You sign your own application. Only you, or a U.S.-licensed attorney you hire, can file it. Watch out for companies that send official-looking letters or emails offering to "register" or "monitor" your mark for a fee; they aren't the USPTO.
Answer any letter from the USPTO (an "office action") by its deadline, or the application is abandoned.

If your home or main place of business is outside the United States, the USPTO requires a U.S.-licensed attorney to file for you.

When to get an attorney

Consider a trademark attorney if your name is important to your business, your search turned up anything similar, the USPTO sends you an office action you don't understand, or someone accuses you of using their mark. Many attorneys offer flat fees for a search and an application. Law school clinics and the USPTO's Trademark Assistance Center can also answer questions about the process.

Using ™ and ®

You can put ™ next to a name or logo you use as a mark at any time. Only use ® after the USPTO registers it.

Protect the art too

Your logo and character art are also protected by copyright. Fingerprint and timestamp them with CopyRise, and register the copyright, so you can prove the art is yours.