Can I Trademark Artwork?
Yes, you can trademark artwork, but only if it's artwork that you use to sell or promote your products or services.
If you use a particular piece of artwork as the logo for your business or individual services, it is entitled to the same protections that any other logo would receive under trademark law. When registering a trademark, it is important to include all design aspects in your application so that a more complete application can be filed.
In order for you to trademark your artwork you must demonstrate to the USPTO that your mark is descriptive, unique, and has a second meaning. As trademark applications are quite expensive, it is advisable to have all of these aspects double checked by an attorney before you file your application. The USPTO will not refund your application fee if they reject your application.
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About the Author
Xavier Morales, Esq.
Mr. Morales founded his trademark law practice in January 2007 with the goal of providing intellectual property expertise to entrepreneurs and businesses around the country. Since then, he has filed more than 6,000 trademarks with the USPTO. You can learn more about Xavier here.