Trademarks can last FOREVER! And, some fun art inspiration!

February 02, 2018

Trademarks can last FOREVER!  And, some fun art inspiration!

I went to the Palm Beach Art Show a couple of weeks ago. I love looking at other people’s creativity. I’m inspired to create as well. (As you see in my designs, I like to pair graphics with clever sayings.)

At the exhibit, I was really taken by Kiseok Kim. His bright colors, shapes, and patterns are vibrant and engaging. I stood and stared for a very long time. In an interview, in Maake Magazine, I Iove his answer to the question the interviewer asked:

“All of your paintings feature female subjects, has this always been the case? …
Sometimes people ask me ‘why you always paint women’ and I think about it. In fact, I do not know. I just like painting females.”

We have a natural, innate propensity to do certain things and like certain things, and he didn’t apologize for that simple fact.

If you want to read more of the interview and view his beautiful art, please click here. http://www.maakemagazine.com/kiseok-kim/

Sometimes people ask me—The Chief Chick here-- at shows: why don’t you create something with a dinosaur or a fox? They are popular. I typically say, well, maybe, at some point.

I think my response next time will be—I just like chicks, owls, and ocean related creatures. Those creatures inspire me.

simply chickie organic clothing

Which brings me to my latest fun news, two of my latest designs are now officially trademarked: night owl and the pink whale, I go with the flow.

And, I’ll give a shout out to my wonderful trademark attorney, Nupur Shah Law in New York City.

In case you are wondering what a trademark means, here is the official definition. And, we are very happy to embrace it!

Trademark –and you can look it up! https://www.uspto.gov/trademark

trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others.

Unlike patents and copyrights, trademarks do not expire after a set term of years.  Trademark rights come from actual “use”. Therefore, a trademark can last forever - so long as you continue to use the mark in commerce to indicate the source of goods and services.  A trademark registration can also last forever - so long as you file specific documents and pay fees at regular intervals. 

Must all trademarks be registered? No, registration is not mandatory.  You can establish “common law” rights in a mark based solely on use of the mark in commerce, without a registration.  However, federal registration of a trademark with the USPTO has several advantages, including a notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.

And, in case, you were wondering about copyrights—here’s a quick overview.

A copyright protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.  The duration of copyright protection depends on several factors.  For works created by an individual, protection lasts for the life of the author, plus 70 years.  For works created anonymously, pseudonymously, and for hire, protection lasts 95 years from the date of publication or 120 years from the date of creation, whichever is shorter.

Go create something! What are you waiting for?

 

 





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