New Grad wrote:
Hi, my name is Amanda Lee, and I just graduated with my BFA in Metals and
Jewelry in December. I have spent the month of January making some jewelry,
and I would like to try to sell it. But before I do, I need some advice
about makers marks.

I have been working in sterling silver and have stamped my work .925 to
indicate the content and also have stamped it with my makers mark (logo).
All of the designs are mine, and I did all my own work.

I am currently visiting a friend who has a contact in a very upscale jewelry
boutique. The owner of the boutique sells a lot of handmade jewelry from
artisans around the country. He told me that he liked my work ("it's
unique"!!!), but if I want to sell to him, then I must obtain a trademark
for my makers mark. He said this is because I live in a different state
from where his boutique is located.

Is what the owner said correct?

No.

Do I have to trademark my makers mark
before I can sell my jewelry outside of my own state?

No. This is total nonsense. I have been selling my work across state lines for
well over 25 years. I have never had a gallery require a trademark from me.
Find yourself someone else to represent you.

And if so, can you
tell me how to trademark my makers mark?

It could cost you from several hundred to several thousand dollars to do this,
depending on whether you would involve a lawyer or not, and if so, how expensive
a lawyer. Don't be suckered into this.

I don't know the first thing about
how or where to apply for a trademark.

Well, just like applying for a patent, you would have to do a "trademark search"
first. After that you have to "apply for a trade mark". Do a google on "how to
trademark work" to learn more. Take a look at the Nolo Press site for some very
good answers regarding trade marks. http://tinyurl.com/289m and
http://tinyurl.com/52eut

There are lawyers who specialize in trade mark law, just as there are lawyers
that specialize in patent law. You have no need for them. You do not want to
work with a gallery who makes such ridiculous demands on you.

Abrasha
http://www.abrasha.com