patent, trademark, or copyright?

Question

I am a college art student, and I am interested in making jewelry, lamps, and mosaics to sell. I don't want people to steal my ideas and claim them for their own. I know a trademark is something like a name brand, and that a copyright keeps people from taking your material, but doesn't a patent enable to you make and sell things with your own 'label' or name? I'm confused. Can I sell my own creations with my name on it without one of those things issued by the government?? If not, which would I need??

Answer 1

When you say "interested in making" do you mean 100,000 units each, or just something you will make yourself in your garage? If the former, then you can ill afford not to get the service of a trademark attorney, and expect to pay several thousand dollars for each trademark issued.

If the latter, then there are 2 inexpensive things you can do.

One is to sign the artware personallhy. Only you can sign as the artist making ripoffs easy to spot. If someone else signs your name that is a fraud and they can be prosecuted.

Two is to either incorporate or apply to the state for a "ficticous business name". These names have to be unique in any state jurisdiction so that will provide another layer of protection. Your competitors will not be able to use that name to identify their products. Chose one that is unique and can describe a variety of products you make.

Answer 2

Yes, you can sell them without a patent.
However, someone else may copy and sell them as well.
Also, if you do not get a patent, you will not do a patent search. This would let you know if you would be infringing on someone elses patent.

Answer 3

u should do a copy rite and do TM the name of ur brand which will let u individualise yr stuff in the market apart from copy ones ..