You Don’t Need a Lawyer to Trademark Your Original Work
Whether you’re weaving traditional mats, designing bold island-inspired fabrics, composing soulful music, or running a family-owned food truck, your creative work is valuable. Not just culturally or emotionally, but legally too. That’s where intellectual property (IP) comes in.
If you’re a designer, artist, author, crafter, chef, musician, choreographer, or shop owner, protecting your work is essential. And, here’s the good news: You don’t need a law degree or a ton of money to get started. Understanding the basics of IP can help you better protect your creative and business assets from copycats.
Let’s break it down.
What Is Intellectual Property?
IP refers to creations of the mind—things like your logo, your original recipe, your music, your written content, and even the name of your shop or brand. It’s what makes your work yours. IP protection helps make sure no one can legally take it or use it without your permission.
The U.S. Patent and Trademark Office (USPTO) is the federal agency that handles trademarks and patents in the U.S. They have a ton of resources, but the info can get pretty technical. So, we’ve simplified it here.
The Big Four: Trademark, Registered Trademark, Service Mark, and Copyright
Let’s take a look at the types of protection you need to know about.
Trademark (™)
A trademark is a word, phrase, symbol, or design that identifies your goods and sets them apart from others. Think of your brand name or logo.
Example: If you sell hand-carved wooden surfboards under the name “Island Edge Boards,” your brand name can be your trademark.
You can start using a ™ symbol as soon as you begin using your mark in commerce. That means once you’ve sold something with that brand name, you’ve started building rights to that name—even without filing anything.
Service Mark (℠)
This is like a trademark, but for services instead of products.
Example: If you’re a musician offering live entertainment under the name “Nesian Vibes,” your name is a service mark because you’re offering a service, not a physical product.
You can use ℠ to claim rights over your service name even before registering it.
Registered Trademark (®)
When you take the extra step to register your trademark or service mark with the USPTO, you get stronger legal protection. That’s when you can use the ® symbol.
Benefits of registering:
- You can sue in federal court if someone copies your brand.
- You can stop imports of counterfeit goods.
- Your trademark is listed in the USPTO database (so people can see it’s taken).
- It’s not required to register your trademark, but it definitely gives you more muscle in court if something goes wrong.
Copyright (©)
Copyright protects original works of authorship. This includes:
- Artwork
- Books or poems
- Songs, beats, lyrics
- Recipes (if written creatively—not just a list of ingredients)
- Photos
- Videos
- Website content
Example: If you’ve written an original children’s book or recorded an original song, you automatically have copyright as soon as you create and fix the work (write it down, record it, draw it, etc.).
You don’t need to file anything to have a copyright—it’s yours the moment the work is created. But registering your copyright with the U.S. Copyright Office gives you more legal power if someone uses it without asking.
What You Can Do Without Filing Anything
If you’re just starting out or don’t have the funds to register everything yet, here’s what you can do for free or low cost:
✅ Use Your Mark or Name Publicly
Start using your business name, logo, or slogan with the ™ or ℠ symbol. This shows you’re claiming ownership, even if it’s not officially registered.
✅ Add a Copyright Notice
Put © [Your Name] [Year] on your creative works (music, art, writing). For example: © Trisha P. Designs 2025. This doesn’t legally protect it more, but it shows people you know your rights.
✅ Keep Proof
Keep records showing when you created your work. Email it to yourself, save drafts, record dates. If someone challenges you, having a timeline helps you prove it’s yours.
✅ Watermark Images
If you post your artwork or designs online, use a watermark. It makes it harder for people to copy and claim it as their own.
How to Register Your Trademark or Copyright (If You’re Ready)
When you’re ready to invest a little to protect your business or brand more formally:
Registering a Trademark:
- Go to the USPTO website: www.uspto.gov
- Make sure your mark isn’t already taken by searching their database (called TESS).
- The process can take several months.
You don’t need a lawyer, but the process can get tricky. There are lots of how-to videos on the USPTO website.
Registering a Copyright:
- Visit: www.copyright.gov
- Super straightforward for music, books, art, etc.
Once registered, you can sue in court and claim damages if someone copies you.
What to Do If Someone Uses Your Work Without Permission
This is every creator’s nightmare: You find your artwork on someone else’s t-shirt, or a food blogger copied your exact recipe without credit. Here’s how to handle it:
Document It
Take screenshots and collect evidence. Save URLs, emails, and posts that prove your work is being used.
Reach Out Directly
Sometimes, a simple message works. Say something like: “Hi, I noticed you’re using my design [link]. I created this artwork and did not give permission for it to be used. Can you please remove it or credit me properly?” Keep it polite but firm.
Send a DMCA Takedown Notice
If they don’t respond, you can file a DMCA (Digital Millennium Copyright Act) notice with platforms like Instagram, Etsy, YouTube, or even website hosts. This forces them to remove the content. You’ll need to prove that the content is yours, you didn’t give permission, and you want it taken down.
Talk to a Lawyer
If the theft is serious (like someone profiting off your designs), it may be worth speaking with an intellectual property attorney. Some law firms offer free initial consultations or flat-rate services specifically for small business owners and creators.
Cultural Note: Protecting Traditional Knowledge
If your work is based on traditional Pacific Islander knowledge, chants, or motifs, it gets trickier. U.S. law doesn’t always protect traditional cultural expressions the way it should.
Still:
- You can protect the expression (the form you create), even if the idea is traditional.
- Document your sources and your creative process.
- Collaborate with elders or cultural experts to give credit and context.
As Pasifika people, we carry deep-rooted stories, traditions, and creative energy. Whether you’re selling hand-made crafts at a local market or streaming your latest original song on Spotify, your work deserves protection.
You don’t need to be rich or famous to claim your rights. Start small—use ™ and ©, keep good records, and register when you can. Knowledge is power, and the more you understand how IP works, the more control you have over your business and your legacy.
Resources:
- USPTO Main Site: www.uspto.gov
- Trademark Search (TESS): https://tmsearch.uspto.gov
- Copyright Office: www.copyright.gov
