These are
similar to, but not exactly like a copyright. In fact, a patent and trademark
are a far more in-depth than a simple copyright on your craft show items.
"A patent for an invention is the grant of a property right to the
inventor, issued by the Patent and Trademark Office. The term of a new patent
is 20 years from the date on which the application for the patent was filed in
the United States or, in special cases, from the date an earlier related
application was filed, subject to the payment of maintenance fees. US patent
grants are effective only within the US, US territories, and US possessions.
The right conferred by the patent grant is, in the language of the
statute and of the grant itself, 'the right to exclude others from making,
using, offering for sale, or selling' the invention in the United States or
'importing' the invention into the United States. What is granted is not the
right to make, use, offer for sale, sell or import, but the right to exclude
others from making, using, offering for sale, selling or importing the
invention." (www.uspto.gov)
Therefore, a patent differs from a
copyright in that it affords you the exclusive right to make, use or sell your
craft show item and excludes others from doing so without your permission,
while a copyright prevents others only from copying your designs. However, a
patent is generally not appropriate for forms of creative expression but rather
for a process, a machine or tool used to create a product or a composition of
matter such as a new metal alloy or chemical compound.
Considering the
time, effort and cost to secure a patent, in most cases for most craft show
items, a copyright will suffice. Patent fees run several hundred to several
thousand dollars and you will most likely need an attorney, so this is a costly
process. Again, check with other crafters, organizations, attorneys and Web
sites to find out what is best in your case.
Trademarks (and
servicemarks) "A trademark is a word, name, symbol or device which
is used in trade with goods to indicate the source of the goods and to
distinguish them from the goods of others. A servicemark is the same as a
trademark except that it identifies and distinguishes the source of a service
rather than a product. The terms 'trademark' and 'mark' are commonly used to
refer to both trademarks and servicemarks.
Trademark rights may be
used to prevent others from using a confusingly similar mark, but not to
prevent others from making the same goods or from selling the same goods or
services under a clearly different mark. Trademarks which are used in
interstate or foreign commerce may be registered with the Patent and Trademark
Office. The registration procedure for trademarks and general information
concerning trademarks is described in a separate pamphlet entitled 'Basic Facts
about Trademarks.'" (www.uspto.gov)
You may want to consider
registering for a trademark if you have created an exclusive name, such as
"Cabbage Patch Dolls" or "Hula Hoop." Since you can easily file online and the
cost is around $300, consider filing if you have a craft show item that needs
trademark protection.
ABOUT THE AUTHOR Natalie Goyette
shows you how to make your craft show business profitable in her best selling
ebook: Craft Show Success Secrets. Visit her site:
http://www.craftshowsuccess.com 
