When using designs from our platform for commercial purposes (for example using it on a POD design or using the design on a physical product), it’s essential to ensure that they do not infringe on third-party trademarks. A trademark is a legally protected symbol, word, or phrase that identifies and distinguishes the goods or services of one company from another. Unauthorized use of a trademark can lead to issues with your store. As such, we recommend using the TMDN trademark database, available at tmdn.org, to search for relevant trademarks before using a design.
We're here to help you get a better understanding of copyright laws with the info in this article. But, keep in mind that this isn't official legal advice. For any specific legal questions or situations, it's always a good idea to consult a legal processional.
How to use the TMDN trademark database:
- Access the database:
- Visit tmdn.org and use the search function to look for trademarks that might be related to the design you plan to use.
- Search for relevant trademarks:
- Keywords: Enter the name, phrase, or symbol you want to check. For instance, if your design includes the word "evergreen," search for it to see if it’s a registered trademark. While "evergreen" may seem like a common term, it could be protected in specific industries or regions.
- Status: Pay attention to the trademark’s status. A trademark could be registered, pending, or expired. Only registered trademarks are protected, but using a pending trademark may also pose risks.
- Trademark region: Trademarks are registered in specific regions or countries. Ensure that the trademark you’re checking is relevant to your market or the region where you intend to use the design.
- Understanding trademark Nice Class:
- Trademarks are categorized into different classes based on the types of goods or services they cover. Not every trademark is registered for every type of product or service. For example, "evergreen" might be registered in Class 35 for "business consulting services" and in Class 28 for "sporting goods." If your design is intended for a product or service in one of these classes, it may potentially infringe on the trademark.
- When checking for trademarks, ensure the design you want to use does not fall under the same class as the registered trademark. You can find the class information in the search results on the TMDN database.
- Assessing risk:
- If you find a similar or identical trademark, evaluate the risk. Even if the trademark is registered in a different class, using it could still pose a risk, especially if the design might create consumer confusion. For example, using "evergreen" in a design related to outdoor gear might be problematic if there’s already a trademark for "evergreen" in that industry.
If you're unsure whether a design might infringe on a trademark, it's best not to use it to avoid potential legal issues. If you come across any designs on our platform that you believe may be problematic or infringe on third-party rights, please report them to us at hi@creativefabrica.com.