Yes, you can trademark the name, logo, or slogan that you use to promote, brand, or sell your jewelry. A strong trademark provides trademark protection, ensuring that your jewelry brand remains distinct in the marketplace.
Trademarking Jewelry
If you have a business name that you are using to sell jewelry, you may register that business name as a trademark since it is the name of your jewelry brand. You may also submit a trademark application for your slogan to prevent your competitors from using a similar one. Trademark registration through the United States Patent and Trademark Office (USPTO) can help strengthen your brand name and provide exclusive rights to use it in commerce. Such jewelry trademarks will reinforce your brand’s identity and reduce the possibility of consumers being misled or confused in the marketplace.
The trademark office, however, will not protect the design or composition of your jewelry; it will instead protect the promotional aspects that identify your jewelry to consumers. If you wish to prevent competitors from creating similar designs, you should consider copyright protection for the design elements of the jewelry. Jewelry copyrights can protect original designs as works of authorship under U.S. copyright law.
Jewelry Copyright Protection
To qualify for copyright protection, your piece of jewelry must be an original work of authorship and fixed in a tangible medium. Copyright registration through the U.S. Copyright Office provides legal evidence of ownership and allows the copyright owner to file a lawsuit in case of copyright infringement.
Design Patents
In rare cases, if your specific design meets the requirements for patentability, you may be able to obtain a design patent. A design patent application can be filed with the United States Patent and Trademark Office (USPTO) to protect the ornamental design of an article of manufacture, such as a clasp or surface ornamentation of a piece of jewelry. Unlike copyright protection, which applies automatically upon creation, a design patent must be granted by the patent office. Patent protection can prevent others from producing or selling similar designs for a set period.
Trade Dress Protection
In addition to trademark, copyright, and patent protection, some jewelry designs may qualify for trade dress protection if their overall appearance serves as a source identifier for the brand. Trade dress refers to the visual characteristics of a product that distinguish it from others in the market. For jewelry makers, this could include unique design processes, packaging, or distinctive combinations of design elements used in connection with jewelry.
If you are launching a new jewelry company and want to ensure full intellectual property protection, consulting an experienced intellectual property attorney is a wise way to avoid infringement liability. We would be glad to assist you in picking a strong trademark that will distinguish your jewelry products in the marketplace.
