Trademarkin' Ain't Easy: The Artist's Guide to Intellectual Property (with apologies to the Notorious B.I.G.)

I'm thrilled to share that my trademark application for Dawn Hunter Art ® was approved on Valentine's Day, which made it even more special! Life has its poetry.

As an artist, safeguarding my brand and intellectual property is essential; obtaining a registered trademark is the key to achieving that. Applying for and obtaining a trademark can be quite intricate and lengthy, but the legal protection it provides is definitely worth the effort. I hired an attorney to make sure everything went smoothly.

If you're considering registering a trademark, whether you're planning to do it independently or with legal assistance, I've put together some helpful information below to help guide you.

Having a common name has posed challenges in protecting my artistic identity. I have experienced hurdles with Artificial Intelligence search algorithm errors and sometimes others taking credit for my work or falsely representing themselves as me, i.e. combining my credentials with their own or not correcting misattribution. These incidents have highlighted the importance of protecting my artistic identity through intellectual property measures such as registered copyrights and trademarks. By taking legal steps to secure my brand, I can prevent others from using my name or brand without permission and potentially damaging my reputation or career.

Dawn Hunter's academic study of Cajal's retina drawing, marker and pen on paper.

Types of Trademarks

A trademark is a distinct name, symbol, phrase, design, or other characteristics that set a product or service apart. When you secure a trademark, you obtain sole rights to associate the mark with your offerings, and it prevents others from using a comparable mark that might cause confusion or dilute your mark's worth.

The scope of a trademark depends on the nature of the mark itself and the goods or services it relates to, or it might protect a specific brand name tied to a product or a symbol linked to a company or group. A trademark could involve unique designs or color patterns in packaging or advertisements.

For those in the creative field, owning a registered trademark is vital for keeping their brand safe and stopping others from using their name, emblem, or other unique marks without permission. There are many reasons why artists need to consider registering their trademarks:

• Brand awareness: A trademark plays a crucial role in establishing your brand's presence in the market, making it simpler for people to recognize your work and associate it with your products or services.
• Legal safeguard: Securing a trademark registration offers you legal protection and the privilege to utilize the mark in commerce. This serves as a foundation for pursuing legal recourse against anyone who may try to exploit your mark without authorization or violate your intellectual property rights.
• Opportunities for licensing: Holding a registered trademark paves the way for striking licensing agreements and forming collaborations with fellow artists, companies, or organizations eager to harness your brand for their own ventures.
• Reputation defense: Registering your trademark also aids in preserving your reputation by stopping others from using your name or mark in ways that could harm your brand or create confusion in the market.

Above, Dawn Hunter's registered logo, and below, Dawn Hunter's registered word mark.

DAWN HUNTER ART ®

People can choose from an array of trademark options tailored to their unique business requirements and the kind of trademark they aim to secure. Keep in mind that certain trademarks may fall under more than one category.. For instance, a combination mark might consist of both a word mark and a design mark. In my experience, I registered Dawn Hunter Art® as both a word mark and a design mark, necessitating two separate applications, each with its own unique registration number.

Below is a list of some frequently encountered trademark types:

• Word Mark: This trademark type is solely composed of text, such as a company name, slogan, or product name.

• Design Mark: Consisting of a logo, image, or other visual design, this trademark type often works in tandem with a word mark to create a brand logo.

• Combination Mark: This trademark type merges text and design elements, commonly used to develop a distinctive brand logo that includes both the company name and a visual component.

• Service Mark: Protecting a service rather than a tangible product, this trademark type serves to identify and differentiate the source of a service in the market.

• Collective Mark: Utilized by groups or organizations to identify their members or affiliates, this trademark type is popular among trade organizations and professional associations.

• Certification Mark: This trademark type certifies that a product or service adheres to specific standards or quality levels, frequently seen in industries such as food or organic products.

• Sound Mark: Comprising a unique sound or musical jingle, this trademark type identifies a product or service and is often employed in radio or television advertisements.

Above, Dawn Hunter's portrait of Santiago Ramón y Cajal in pyramidal neurons, marker, pen and ink on paper.

Trademark Process

Selecting the appropriate trademark to suit your specific requirements and offer optimal protection for your brand is essential. For instance, my trademark goes beyond my artwork's visual appearance or style, encompassing the educational aspects and the unique research I have conducted on long-term projects, such as my series and Fulbright research on Santiago Ramón y Cajal or my sabbatical project, Personified Doubles and Complementary Opposites.

In my opinion, it's crucial to collaborate with a seasoned trademark attorney to guarantee proper registration of your trademark and assist in safeguarding your intellectual property rights over time.

The trademark application process can be somewhat intricate, but it typically involves these steps:

• Conduct a trademark search: Prior to applying for trademark registration, it's vital to conduct a comprehensive search of existing trademarks to ensure that your proposed trademark isn't already in use by another brand. This helps you avoid potential conflicts or legal issues later on.

• Prepare and submit the application: After verifying that your trademark is available, you need to prepare and submit a trademark application to the relevant government agency. In the United States, this is usually the United States Patent and Trademark Office (USPTO). The application should include details about your trademark, such as the mark itself, the goods or services it represents, and the mark's owner.

• Wait for the application review: Once your trademark application is filed, a trademark examiner, who is an attorney employed by the USPTO, will be assigned to review it and ensure it meets all registration requirements. This review process can take several months, depending on the queue and the complexity of your application.

• Respond to any office actions: If the trademark examiner has concerns or questions about your application, they may issue an office action requesting additional information or revisions. It's important to respond promptly to these office actions to maintain your application's progress.

• Obtain approval and registration: When a trademark application is approved by a USPTO examining attorney, it is published in the Official Gazette of the United States Patent and Trademark Office. This publication informs the public of your trademark application, allowing those with objections or oppositions to raise concerns due to conflicts with their marks. If concerns emerge, a legal proceeding takes place before the Trademark Trial and Appeal Board (TTAB), an administrative tribunal within the USPTO. The TTAB evaluates the opposition and determines whether to permit the trademark registration or deny it based on the opposition. If no concerns arise, your mark will be assigned a number and officially registered.

Navigating the trademark application process is complicated; seeking assistance from a knowledgeable trademark attorney is essential. They can answer your questions and handle the application for you. This will ensure errors aren't made, or details are overlooked. Their guidance will help ensure the best possible outcome for your application.

Above, photos from my exhibition Personified Doubles and Complementary Opposites. Below, detail of a centerpiece artwork from the show, Art Department.

Conclusion 

Securing a registered trademark has been a vital step for me in safeguarding my artistic brand and fortifying my intellectual property rights. Although the process might seem overwhelming, I urge fellow artists to take this essential stride in defending their work and professional personas. Don't let apprehension about the unknown or the perceived hassle of the application process deter you from shielding your creations. With the legal protection that trademark registration affords, you can rest easy knowing that your dedication and skills are well protected. As artists, our distinct voices and outlooks warrant both acknowledgment and defense. Let's embrace our artistry and preserve our creative legacies through intellectual property rights.

Above, Dawn Hunter's mixed media painting, A Dream in August, marker, ink and acrylic on paper.

Resources

Below are a list of few resources that can help as you progress your trademark application.

• International Trademark Association

• The Patent & Trademark Resource Center | San Diego 

• A Guide to Patent and Trademark Resources | Arizona State University

Dawn Hunter | portrait of the visual artist in her fifties

In James Joyce's novel, A Portrait of the Artist as a Young Man, the narrative follows the journey of Stephen Dedalus, a budding artist grappling with his place in the world and cultivating his artistic identity. This modernist masterpiece is renowned for its inventive language and for depicting its main character's psychological and ethical growth.

From this literary work, mature creatives can glean that the metamorphosis into an artist encompasses a voyage of self-exploration and self-fashioning.

Attaining contentment and ease within oneself at any life stage is vital to one's overall wellness and can contribute to a more gratifying, purposeful existence.

Life is full of highs, lows, and transitional periods; however, it is crucial to remember that age remains a mere numeral and that it is never too late to chase your aspirations and objectives. Numerous people find a renewed sense of direction and focus as they age and view aging as an opportunity for reinvention and to make positive life changes. Often people will choose to prioritize their personal development and joy. 

Remember that there's no "right way" to be a fabulous 50-something (or any age, for that matter). It's so important to appreciate our own unique qualities, talents, and passions. If you're feeling excited about this chapter in life like I am, that's amazing! Let's keep celebrating our individuality and living life to the max! 

My Story

Age has never dictated the course of my life. I've always pursued a creative path; each day spent in my studio feels timeless. This creative space fosters a connection between various moments and locations throughout my life, all within the artistic process. Additionally, I teach first-year college students who are full of energy, creativity, and innovation. These young individuals inspire and graciously invited me into their lives through our shared artistic pursuits.

A hurdle that older female artists might encounter is ageism, which is discrimination based on age. This can manifest in various ways, such as being overlooked for opportunities or being treated differently due to one's age.

Another obstacle older female artists may face is inadequate representation and support for their work. It is not unusual for them to feel as if their artwork doesn't receive the same level of attention or acknowledgment compared to their younger peers.

Yet, despite these obstacles, numerous older female artists remain committed to producing and showcasing their art. They may discover support and fellowship within artistic circles and could even find that their age and life experiences provide them with a distinct viewpoint and expression in their craft. (Above, a portrait of Dawn Hunter. Photo captured by Darcy Phelps.)

My Inspiration

Yayoi Kusama is a Japanese artist who was born in 1929. She has achieved significant success and has gained a great deal of recognition as an older female artist. Her career has spanned over 70 years. During that time Kusama earned a reputation as one of the world's most significant and influential living contemporary artists. 

Kusama's artwork is characterized by its vivid colors, recurring patterns, and enveloping installations that frequently involve performance and interactive aspects. Her creative endeavors have spanned multiple mediums, such as painting, sculpture, installation art, and literature.

Above, self-portrait of Dawn Hunter at the Yayoi Kusama exhibition in Atlanta, Georgia. Left, the Peep Show light installation by Yayoi Kusama, photo by Dawn Hunter.

Throughout her illustrious career, Kusama has displayed her artwork in galleries and museums across the globe, captivating a vast and loyal fanbase. In the past few years, her prominence and accomplishments have soared even higher, as her masterpieces have taken center stage in prestigious exhibitions and fetched jaw-dropping sums at auctions. Now in her 90s, Kusama remains a creative force, continuing to produce and showcase her art, enthralling and enchanting people worldwide.

My favorite living artist is Kusama, and I make it a point to travel and attend her shows whenever I can, like to the Bronx Botanical Gardens or High Museum of Art. When her exhibition was on view at the High Museum in Atlanta, GA, I actually bought a scalped ticket to attend. The show had sold out, and people were wrapped around the block in tents in hopes of receiving one of the daily tickets held. 

*Ticket scalping has become a more common practice during the past twenty years because of the internet. Most scalping incidents now take place through online sales transactions. Currently, there are no federal laws that prohibit the scalping or resale of tickets.

Above, the obliteration room at the Yayoi Kusama Exhibition at the High Museum, photo by Dawn Hunter.

Closing

2022 has been an excellent year for me creatively, and I was productive - generating many new works of art throughout the year. I have been honored by the recognition and success of my illustrations, drawings, and paintings about the esteemed neuroscientist Santiago Ramón y Cajal and my daughter, Darcy. I have exhibited throughout the US this year, from Art Fields in Lake City, SC, Verum Ultimum, Portland, OR, and the Cabrillo Gallery, Los Angeles - to name a few 2022 exhibition highlights. 

I feel sincere gratitude for being the first artist to be elected to the Board of Directors of the prestigious Cajal Club and for the distinctions of having my artwork reproduced and written about in Scientific American® and the Consilience Journal.

I look forward to opportunities and the creative journey ahead of me in 2023, and as the sayings go, "age is just a number," and "being fifty is nifty."

Portrait of Dawn Hunter taken by her daughter Darcy as they prepared the Darcy Inventory for the 2022, 10th Anniversary Artfields exhibition, Lake City, SC.

How to Copyright in Batches of 10

The social media art challenge prompts are an excellent way for artists to express themselves, let their creativity flow, and get their work out there. Prompts are usually keywords, which can be anything from a single word to a sentence. I have a couple of favorites that I follow and participate in during the month of October; Facetober and Peachtober. During 2021, I created the Darcy Inventory based on the Facetober prompts and that series has gone on to be included in professional art exhibitions, like ArtFields.

The Facetober challenge is created by a Skillshare top teacher, British designer and illustrator Charly Clements. The prompts Charly creates helps people find new ways of self-expression through short-form portraits. This is an excellent opportunity for artists who prefer drawing or painting people instead of landscapes or other subjects to showcase their skills.

Above, Facetober 2022 day 3 (braid, gold, and magic) by Dawn Hunter, watercolor, ink and acrylic on paper.

Link, here, to the 2021 Facetober Darcy Inventory portraits.

Sha'an d'Anthes, an illustrator, artist, and author, created the social media art challenge Peachtober. She is the creator of the highly engaged Instagram account @furrylittlepeach, which features many of her creative projects, reels, and sneak peeks into her studio. The challenge for Peachtober is open-ended one word prompts, with various concepts and subjects that can be experimented with for the month.

If you are looking for social media engagement and connections with other artists while expanding your studio practice, both Facetober and Peachtober are excellent choices.

Sha'an d'Anthes and Charly Clements do a great job sharing their social media prompt schedule a month before the challenge starts. This gives artists plenty of lead time to gather their materials, think through the concepts, plan their work, and create artworks before the challenge starts. 

Making your artwork ahead of time is crucial because it grants you the opportunity to copyright your artwork in batches, which is cheaper than copyrighting a single artwork ($65.00 per single work registration vs. $65.00 per group registration). 

Original artwork posted on social media is a very popular form of expression, however before posting your artwork online, you should always make sure that you have copyright protection. Filing a copyright registration prior to publication also entitles you to a greater award sum for damages if an infringement occurs. 

It might sound complicated, it is much simpler than you think. 

Above, Facetober 2022 day 2 (afro, pink and animal print) by Dawn Hunter, watercolor, ink and acrylic on paper.

What is Copyright?

"Copyright is a form of protection for the rights of creators of works. It is used to give them the sole right to reproduce, distribute and create derivative works from their original work." -www.copyright.gov

Copyright is not a new idea, it has been around since the 18th century. It was first established in England in 1710 by the Statute of Anne. The United States followed suit with the Copyright Act in 1790 which has been updated over time to reflect changes in technology and society.

What's the Difference Between Copyright and Public Domain?

"Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium," such as writing, music, or artwork. Copyright covers both published and unpublished works.

Public domain is the legal status of creative works that are not subject to copyright or similar rights of protection. These include ideas, facts and discoveries; news events; government publications; works created by U.S. federal "government employees as part of their official duties;" and anonymous or pseudonymous works (unless the author's identity is generally known or can be reasonably ascertained).

Copyright protects original work from being used without permission from its owner - this includes copying, modifying, distributing, displaying publicly and making adaptations from it. The public domain does not offer any protection to a work - anyone can use it without permission from the author which includes copying, modifying, distributing, displaying publicly, and making adaptations from it.

An image that is posted publicly on the internet is not automatically public domain. Most people only realize they have committed copyright infringement when they are being arrested. It is important to determine authorship and receive permission to post images that you have not created. That is a topic that will be developed further in another blog post; however, I want to touch on it briefly here.

How to Register Multiple Artworks with One Application

The Copyright Office offers a way for creatives to register their individual works as a collective or compilation. The Copyright Office allows a group registration for up to ten works in one registration application.

You will need documentation of your photo, artwork, or illustration. Additionally, you will need an online eCO registration account through the U.S. Government Copyright Office, a completed online form, and a means of payment.

If your application is approved, you will be entitled to seek one award of statutory damages for the collective work as a whole, rather than a separate award for each individual work, even if the defendant infringed all of those works.

Above, Facetober 2022 day 1 (coral, red hair and sunglasses) by Dawn Hunter, watercolor, ink and acrylic on paper.

How to Copyright Your Artwork in Batches of Ten

As an artist, you're likely constantly crafting new pieces of art. You might wonder if there's a way to copyright your artwork in groups of up to ten works at once. Good news! It's totally doable and pretty simple. 

Here's the catch: for works of art to be eligible, your artwork shouldn't have been published prior to your registration application. 

Review and follow the steps below, and your work will be protected at a cost-efficient price.

1. Create an eCO account. 

Protecting your intellectual property is important for professional success. Remember to procure copyrights and trademarks for all of your art, products,  services, and branding. Protecting intellectual property with copyrights and trademarks can be time-consuming, but it's worth it. The US Copyright Office website provides excellent resources for individuals: www.copyright.gov.

2. Select "Register a Group of Unpublished Works." 

You can make the process easier by copyrighting your artwork in batches of up to ten works. For a social media challenge like, Facetober, I would recommend to register each week as a batch, especially since the prompts are organized in that manner. That would be a total of four batches and the total cost would be $260.00. If you were to registered all thirty-one works individually, the total cost would be $2,015.00.

You'll need the work's title, the year it was created, and the copyright owner. The US Copyright Office will assign you a number once you've filed your application.

3. Complete the online form prompts:

• Type of Work
• Title of Work
• Completion
• Authors/Claimants
• Limitation of Claim
• Rights and Permissions
• Correspondent
• Mail Certificate
• Special Handling
• Certification
• Review Submission

4. Fill out the online registration form and pay the fee. You can't upload extra docs or submit until the fee is processed.

5. Make a PDF with pics of each piece you want to protect, and upload it.

6. After your payment clears, double-check your application, upload any needed docs, and submit.

It'll take about 60 days for the review process, but your work will be protected once you've registered! If you work with an intellectual property lawyer, share your registration and certificate with them.

Got questions? Reach out to the copyright office!

It's a relief to have your work registered with a copyright. It is a topic that I feel passionate about, and you can learn more about how to register an individual work in my blog post from February 2022 titled Your Cheatin' Heart.

2021 Highlights Review: Brooklyn, Cajal, Las Vegas, Simulacra, and New Websites - oh my!

Dawn Hunter, nine square reflection of 2021 featuring my portraits of Cajal and recreations of his scientific illustrations. All images are marker, pen and ink on paper that I created about Cajal through researching his scientific drawings on display at the National Institutes of Health, and other primary sources as a Fulbright Scholar at the Instituto Cajal.

Brooklyn Botanical Gardens

I focused time and creative energy on self-care this past calendar year. During the summer, I drove from South Carolina to Brooklyn, New York to immerse myself in the city and the natural beauty of the Brooklyn Botanic Gardens and draw. This past summer, other terrific events were happening in New York, like the Cézanne exhibition at MoMA. Taking in different cultural events was enriching, but I found my time drawing at the BBG to be the most spiritually, emotionally and creatively replenishing.

Brooklyn Botanic Garden, marker and pen on paper, 11" x 14"

Japanese Garden, Brooklyn Botanic Garden, marker and 

pen on paper, 11" x 14"

Me, sweltering in the heat, but loving it, while drawing 

at the BBG.  June 2021.

2021 and Aesthetic Instincts: The Intersection of Art and Science

I have continued my artistic journey with Santiago Ramón y Cajal.  Despite the challenges of the pandemic, 2021 has been an extremely productive year.  I have continued an active engagement in my artistic series about Cajal.  To that end, new opportunities include:  selections from that series were featured in the international publication UpperCase (featured July 28 on this blog in the ¡Muchas gracias! post), I had a solo exhibition of the entire series in Las Vegas, and works from the series were chosen as featured artwork in the 75th Anniversary Exhibition for the Fulbright Foundation (held online). 

I presented a lecture about Santiago Ramón y Cajal to CSN students, faculty and the general public of the greater Las Vegas area on October 19, 2021. 

View of my exhibition at the College of Southern Nevada, Las Vegas

The evening of my lecture, October 19, 2021

75th Anniversary Fulbright online, juried and curated, Exhibition:

It was an honor to have my work selected and featured in the 75th Anniversary of the Fulbright Foundation.  The time I spent at the Instituto Cajal was priceless and life changing.  When I began this series, I never dreamed that I would have access to his original journals, sketchbooks, personal photographs, histology slides, scientific equipment and personal objects.  You can learn more about the Fulbright exhibition by clicking:  HERE.

Re-creation of pages from Cajal's first sketchbook from Valencia, marker and pen on paper, 11" x 14"

Drawing Cajal's death mask, Instituto Cajal, Madrid, Spain.

Re-creation of inside back cover of Cajal's first sketchbook from Valencia, Fulbright Espana, Instiuto Cajal, Madrid, Spain.

100th Anniversary of the Instituto Cajal!

Continuing opportunities include that in celebration of the 100 anniversary of the Instituto Cajal, my work has continued to be displayed at the Instituto Cajal.  My work also continues to be displayed alongside Cajal’s work at the National Institutes of Health.

I currently have 10 drawings from my Fulbright research on display at the Instituto Cajal in celebration of its 100th Anniversary.  Below are two of the drawings from that display.  

For more information:  Instituto Cajal, Av. Doctor Arce, 37 28002, Madrid tel: 91 585 47 50 fax: 91 585 47 54

Drawing of NIH researcher Benjamin White's talk, marker on paper, 11" x 14", 2017.

Cajal's hands, microscope, pyramidal neuron, and mini self-portrait from his sketchbook juxtaposed with his retirement statement and design details from his Nobel Prize - the photographic source imagery was originally black and white. Color has been added and the color of the Nobel Prize design details has been altered, marker and pen on paper, 11" x 14."

Select work on display at the John Porter Neuroscience Research Center:

Cajal exhibition case for scientific drawings.

My work on display alongside Cajal's scientific drawing.

My portrait of Cajal, Man as Sunflower, graphite, ink and acrylic on paper, 11" x 14"

Savannah and Simulacra

I was honored to have my artwork, Secluded Play selected for the Simulacra exhibition at the Sulfur studios in Savannah, Georgia.  The show consisted of many works of diverse media, materials and themes. My works Vegas Garden and Secluded Play were both select for inclusion in the show.

Vegas Garden, graphite, pen, ink and acrylic on paper.

Secluded Play, graphite, pen and ink on paper.

New Websites!

Lastly, as I wrap up 2021 I am overhauling my website.  Within the process I realize that I have created too much work thus far in my lifetime to be featured on one website. Trying to organize it for one place has proved difficult and overwhelming. 

During March of 2021, because my current Cajal series is so comprehensive, I consolidated all of my Cajal portfolios on my parent website: www.dawnhunterart.com. 

I felt unsure what to do with my other portfolios, like Spectacle Spectacular, Personified Doubles & Complementary Opposites, Blue Cerberus, etc. I concluded that a sister website was in order. Thus, www.dawnhuntergallery.com was born. To eliminate confusion, I have branded both sites the same, linking back to each other. 

In addition to the portfolios I mentioned, I am also featuring new projects, like my Darcy Inventory, an installation selected for ArtFields 2022. I have also uploaded on the website my entire teaching portfolio at UofSC and included a curation of twelve other portfolios of my personal artwork, highlighting my Spectacle Spectacular series, that can be viewed:  HERE. Please visit both sites to browse and enjoy!

As we ring in the New Year, let us be reminded of these words of wisdom from Cajal:

"Time and concentration allow the intellect to perceive a ray of light in the darkness of the most complex problem."

― Santiago Ramón y Cajal, Advice for a Young Investigator

Have a Happy New Year everyone!  I wish you all lots of love, friendship, good health and great success during 2022!  XOXO

Always, 

Dawn 

Dawn Hunter, December 2021

¡Muchas gracias!

A big thank you to Janine from #Uppercase for including artwork from my Cajal project in the 50th Issue, Visualizing Science.  I was so thrilled to receive the print issue - it's beautiful!  View the issue here: @uppercasemag.

"The brain is a world consisting of a number of unexplored continents and great stretches of unknown territory."

― Santiago Ramón y Cajal

Dawn Hunter, Re-creation of pages from Cajal's first sketchbook from Valencia, marker and pen on paper, 11" x 14"

Re-creation of inside back cover of Cajal's first sketchbook from Valencia, Fulbright Espana, 

Instiuto Cajal, Madrid, Spain.

More work can be viewed at:  Cajal Project: The Fulbright Experience

Learn more about this work here:  Communing and Giggling with Cajal 

Order your copy of the 50th edition, Visualizing Science here:  UPPERCASE