If something similar is already out there, you'd be hard pressed to get a trademark/patent even if you could afford all the legal fees. You would have to prove that you were out there first. The most you can hope for (and I'm not a lawyer) is to copyright any written instructions you provide to your classes.
"The first known published instructions for crochet explicitly using that term to designate the craft in its present sense appeared in the Dutch magazine Penélopé in 1823. This includes a color plate showing five styles of purse of which three were intended to be crocheted with silk thread.[6] The first is "simple open crochet" (crochet simple ajour); a mesh of chain-stitch arches."
I'd take half a step back, think about exactly what you hope to accomplish, and what you are prepared to spend in time, effort, and money to accomplish it.
I'm thinking your proposed trademark doesn't have sufficient "distinctive character", and that you would be hard-pressed, even if issued it by the rubber-stamp-like USPTO, to defend it if you had to enforce it.
When you ask a business question in a forum, you are going to get questions and answers from those who go from severely left brained to severely right brained. You are coming at it from the creative side and others are coming from the absolutely practical purely business side. Is your "business" worth the $275 and up needed to file for a trademark? Here is where a business plan and business estimates are so helpful. https://guides.wsj.com/small-busines...-company-name/
You could trademark the name--if it isn't trademarked already--but are you prepared to defend the trademark with warnings, lawsuits, etc.? It might not be worth the hassle.
For some reason I never quite figured out* I was assigned the job of point person a few times for my workplace in negotiating wannabee Trademarks. They were poorly conceived ideas. Our attorney set us straight pretty fast and no Trademarks resulted.
*I registered copyright for our publications, a simple clerical-level process, so I suppose our head honcho thought “Iris does our copyright work, Iris can do our Trademarks. “
yeah, nope.
oh yeah, the “distinctive character” requirement is exactly what I remember our attorney critiquing in my dealings with him.Originally Posted by bae
Another way to say it: you cant Trademark words or phrases in the common usage.
Zoe, at this point I am riffing on past memories and am not necessarily responding to your post. Just meandering down memory lane to remind myself how glad I am that I dont get these ridiculous assignments any more.
Okay i think trademark is entirely wrong, just a name for a website or craft business or set of classes even if others do the same or similar things. What is that?
My guess: registering your business name with your state. (?) But I do not know the unintended consequences of that.
If you are going to do this crochet business then do the business. Carry out the activities of the business, put your focus on the business. You already have the idea, and so what if someone in Florida copies either your methodology or the name of your method? Or, so what if YOU arent unique in using these terms ( which is possible.)
Just do the business. Or the hobby, since that is more likely what it is.
What about Zoe's Open Crochet Class or something with your name that makes it unique to you?
As Cicero said, “Gratitude is not only the greatest of virtues, but the parent of all the others.”
Hmmm good idea, i am at starbucks writing my overall plan. Actual crochet and sell is really low profit, classes can be a little better. Moving into writing patterns and selling kits is my best route for transitioning out of hobby mode. I have a fair in October, and a class this weekend.
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