Thank you very much for replying to my message. I have spent quite a time
exploring the links you suggested--that Nolo site is very helpful.
I'm happy to hear that there are galleries that will consider my pieces
without a trademark. This was the first shop that I'd approached, and when
I heard what the owner had to say, I sort of went into shock. In college, I
sold to friends and through a shop associated with our art dept, but that
was different. I can see that I have a lot to learn about the "real world"!
After sending my message yesterday, I called my father. He's not a
lawyer--but he did contact a friend of his who is one. My father's friend
said that this is not his area of expertise, but he did know that there were
changes to the trade laws in 2001 that have caused a lot of confusion,
including among some attorneys! He said one source for information would be
the Federal Trade Commission's web site
www.ftc.gov. (I haven't looked at
it too much yet. Nolo is easier to read, so I started there.) He also
suggested that I consider approaching some shops nearer my home.
Thanks again for your help. I also enjoyed looking at your Web site!
I am very glad to hear that
"Abrasha" wrote in message
...
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