Intent To Use
A weekly newsletter and blog provided by Garbis Law, LLC
Can I Trademark My Etsy Store?
Can I Trademark My Etsy Store?
Yes! Just like any business name, you may successfully obtain a registered trademark on the name of your Etsy store if it meets certain requirements.
What are trademarks and what do they protect?
Trademarks operate to identify the source of the goods and services provided. That means you can protect the name of your Etsy store, your unique product names, your logo and slogans. By receiving a federal trademark registration, you may be able to keep the name of your store unique by blocking others from using the same (or similar) name. That is why I always recommend a trademark application be filed on at least the name if you are serious about your business. If your budget allows for it, additional applications on your logos and product names are also advised.
Why Get a Trademark?
Unfortunately, many Etsy store owners put off obtaining trademark protection or do not perform a proper search before naming their business. This often leads to receiving a cease and desist on Etsy from other brands who may have a better claim to your name. By performing a proper search from the beginning or by receiving a federal trademark registration, you will be in a better position to defend yourself against others who claim you are using their name.
To learn more about trademarks make sure to sign up for your FREE guide below. You will learn more about:
- What a trademark is and does;
- Choosing a strong trademark;
- What to expect throughout the trademark process.
Trademark applications are done for a flat fee, which includes a trademark search, opinion as to the likelihood of registration, and filing the application with the trademark office.
Have you come up with a great name or slogan, but haven’t opened up shop yet? That’s OK. You can still reserve your trademark with an “intent-to-use” application. Find out more HERE.
If you already have a registered trademark, you will need to renew it every once in a while so it does not expire. If you stop using your trademark to identify the goods/services it protects, it no longer operates as a trademark.
Selling your business or need to transfer your trademark to a different entity? This is called an “assignment,” which is recorded with the USPTO.
Let’s face it, no matter what you do, there may be others who copy you. Unfortunately, you may also find yourself on the wrong end of a cease and desist letter. I can help you identify whatever rights you may have and provide an opinion on how you should proceed. Depending on your situation, sending a cease and desist to an infringer, or responding to an infringer can all be handled. Additionally, I can help you negotiate a settlement agreement with the other party.
Ready to Protect Your Brand?
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Anastasios G. Garbis
Registered Patent Attorney
I am a registered patent attorney and spend my time consulting entrepreneurs on how to protect their businesses through the use of different forms of intellectual property. My experiences through my time as an attorney and involvement in various business ventures in the restaurant and hospitality industry have helped me relate to the needs of small businesses and entrepreneurs.