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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 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

Search before you fall in love with a name

  1. Search the USPTO's records at tmsearch.uspto.gov. Try spelling variations and words that sound alike.
  2. Search Google, Instagram, TikTok, Etsy, Amazon, and app stores for the name. Businesses get rights by using a name, even without registering it.
  3. 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

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

  1. Create a USPTO.gov account and verify your identity. The USPTO requires this before anyone files.
  2. File in the USPTO's Trademark Center. Read the USPTO's own guides there first.
  3. 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.
  4. 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.