Starting a business selling handcrafted charms for jewelry: trademark or service mark?
I have a small online business selling original and inspired handcrafted clay charms. They can be made as stand-alone figures or worn as necklaces, earrings, key chains, or phone charms. They are also made to order.
My original pieces are crafted with a specific size requirement. All other charms do not follow this requirement, but can be made that way if requested. I refer to it by a certain name and I want to trademark the name, but I'm unsure if what I offer are goods or services.
Let's say my trademark was Teeny Tiny.
Would I file for a trademark because my original charms themselves are made to fulfill the size requirement (i.e. Teeny Tiny charms), or would I file for a service mark because Teeny Tiny describes the service of creating charms that are guaranteed to be that size?
If you are selling a product under that brand it is a trademark and you would describe your goods as "jewelry" (and key chains as jewelry) in international class 14, I believe, or maybe IC 21 for "imprinting of base metal charms"
You could OPTIONALLY file (in the same or separate application) for a service mark for the custom crafting of jewelry to order, in class 40.
Take a look at some of the thousands of registrations for jewelry in the online database and see which ones closely correspond to what you're doing.
For instance, "TEENY TINY" pending application serial number 85760817 for Class 14 Jewelry, about to be published for opposition, February 5, 2013, naming Richline Group, Inc. CORPORATION DELAWARE 1385 Broadway New York NEW YORK 10018.
If you actually wanted to prevent that registration, you would have to act quickly, assuming you have proof that you started using your TEENY TINY earlier than their first use in commerce.
Source(s):11 months ago