View Full Version : trademarking the name of my classes
I had a series of thoughts in this basic stream
* I went to Tuesday Mornings on an intuitive hunch and found the COOLEST table thing. It folds down to about 2 inches wide, when open it has wire basket shelves that are perfect for yarn.
* I was thinking about my backdrop and the crochet lettering, how to make it look nicer
* I realized that the fold down table is perfect for craft fairs, which I would like to do
* I saw a craft fair possibility on FB
* I thought that my name of my type of crochet and teaching is unique (I call it Open Form Crochet)
* I realized I should do something to protect this as my intellectual property ??
And I have no idea what to do next, if it is a reasonable process, however I do think it is a good idea even if I don't do much with it.
Hmmmm, sometimes this kinda crazy bipolar brain does good things.
iris lilies
6-30-19, 5:35pm
Zoe, it’s impossible for me to know if this is an idea you are sincere about or if it’s just a throwaway idea of the moment. Regardless, trademark does not protect your process. A patent protects your process.If you have a few thousand dollars to pay towards a patent attorney, sure, go for it. But I think it’s a huge waste of time and money. There are many patent mills that welcome people like you.
Oh No! I do not want to spend money like that, I just have been using this term to describe my classes for about 3 years and I want to have it as mine. There is nothing to patent, I am reaching out to do another fair and looking for class space going into fall.
Yeah I know it is hard to tell,
'Open Forum' tells me nothing about what you are doing. My first thought was a place to 'speak' but nothing about a craft. Sorry but while I can see the merits of trying to find a unique craft display using the equipment you found recently, you need to really think this through a lot more. Even "crochet craft forums" while simple tells customers what you are offering.
Do you have the resources and inclination to protect your trademark?
okay feeling like I was 'off' again.
okay feeling like I was 'off' again.
You are not 'off' at all but exploring the options and thinking online with us. We are supporting you with our views - all good, IMO.
A lot of questioning my stability lately,
I call my classes open form crochet. I would like to use that term more and slowly expand my work. Maybe this isn't the way, but I dont want anyone else to take that name and use it. I dont know anything about how to protect it so I thought trademark was the way to go.
Is what you do similar to free form crochet? If not, how does it differ?
This is an example of what I found: https://www.mybluprint.com/article/freeform-crochet-will-get-you-hooked-promise
It is similar, or maybe the same thing. I found when i was looking at freeform i mostly found scrumbling type work and spirals. I mix yarns, create 3D and create on a foundation of crochet skills. I have seen that freeform often applies to s more specific type of work.
so a combo of freeform and amigurumi,
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-business/starting-a-business/how-to-trademark-a-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.
iris lilies
7-1-19, 1:08pm
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.
iris lilies
7-1-19, 1:17pm
"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...
...your proposed trademark doesn't have sufficient “distinctive character...”
oh yeah, the “distinctive character” requirement is exactly what I remember our attorney critiquing in my dealings with him.
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?
iris lilies
7-4-19, 9:59am
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?
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.
[I would suggest trying to meet a designer for either your craft or a similar one (maybe thru a yarn shop or such) and try to sit down and talk to them about your business plans. Not to get any proprietary info but how long it took them and anything positive or negative they could tell you. I know several local quilters were helped here by a long time shop owner who herself was published.
For example, can you find anyone who sells thru Ravelry or in a local shop? No need to reinvent the wheel. All part of business research.
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