Are You Infringing on Trademarks with SVG Designs In Your Shop
Ahh, this post is gonna be long. I suggest you get a cup of coffee, tea, water…whatever floats your boat because I really want to spend a lot of time here explaining what I’ve learned to help you.
This topic of trademarks and copyright is important and vital to you and your business so you can keep your shop legal and make money.
What is a Copyright and Trademark?
Let’s talk for a minute about copyrights and trademarks. Please note that I am NOT a lawyer and this isn’t considered legal advice. You should speak to your attorney and get proper legal advice. Everything in this post is based upon research I have done. I welcome updates and corrections!
What are they?
If you want a long drawn out explanation read this post on the USPTO website.
Essentially, a trademark is a “word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others.” These would include brand names, slogans or tag lines and logo marks. They do not expire, however you are required to continue using it and submit fees at regular intervals to keep it live.
A copyright “protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.” Works that are created by an individual can last for the life of the author plus 70 years. Anonymous work or for hire work can be protected 95 years from the publication date.
Basic Rules about Copyright and Trademarks You Should Know
- Never use anything copyrighted like quotes by someone else for monetary gain. I’m talking don’t put quotes on art prints, cards, etc. If the quote is super old, even then it may still be copyrighted. For instance, a person may be dead and gone, but their estate may still own the copyright to it.
- Primary works before 1920 are often now considered Public Domain. But you still want to be careful and do your research or use an attorney. Disney cartoons have a special copyright extension passed by Congress.
- Don’t use the names of famous people in your work for monetary gain, like an author to a quote. You can’t copyright a person’s name or business. But a person’s name may be trademarked. Avoid it if you can.
- Just because it’s already on the Internet doesn’t mean it’s considered Public Domain.
- You cannot use song titles, lyrics, anything from a movie or tv show, books, etc for monetary gain. These are considered copyrighted and you should avoid them.
- Dictionary definitions fall under copyright protection. Change up the words if you have to, but still watch it. Here is more discussion on that.
- Bible verses are a no-no unless they come from public domain bible translations. The Complete Bibles part of this page on Wikipedia will list out the ones that are public domain.
- Do not use any sports team or their colors if they are recognizable for profit. I see this being done on Etsy all the time. Just because you put a football and words about loving football on a design in orange and blue doesn’t mean the Denver Broncos won’t come after you! This includes the logo. They are trademarked.
- You cannot use the words Olympics or Super Bowl or their graphics/logo marks. Again, these are trademarked.
- Avoid using any military branch name. You may use words like military, soldier, veteran. But don’t say Army Life, Army Wife, etc. for profit.
- And, obviously, don’t use business names or their derivatives like Starbucks, Crayola, etc. I shouldn’t even have to find you a reference. It’s a business brand name and their products are trademarked.
If I didn’t list something above and you aren’t sure, you need to contact your attorney before you assume it’s okay. The folks at Indie Law have a good list for you if you want more.
How to Search for Copyrighted Work and Trademarks in Your Class
So how do you determine if something is copyrighted or trademarked? Copyright is a little easier to look up, but honestly it’s still a lot of work. If you have to ask, you’re better off not using it. Get original and more creative with your work and make it your own!
This is the link to search copyright works. (It’s so dated looking, but they don’t care.)
I typed in Gilmore Girls and all the episode titles came up – including the alternatives and the theme song. I see you people who have those “where you lead I will follow” on SVG designs and other merch on Etsy.
To look up trademarks is a bit more complicated. There are a lot of classifications. You can use the Trademark database to do your searches.
What to Know about Trademarks
Just because a phrase is trademarked doesn’t mean you can’t use it. With this I mean, if a phrase is trademarked in 16 – Paper, Items made of Paper, Stationary items and you sell t-shirts that means your classification is 25 – Apparel. You’re probably okay. But still consult an attorney.
You do need to search for similar trademarks though. “Just because Dove can be trademarked by two companies for two separate products doesn’t mean that you can trademark the same name of a product already on file in your trademark’s class. Classes exist to keep trademarks distinct while still allowing for co-existence across the classes.” via Upcounsel
Frivolous Trademarks
A trademark should really be about protecting your business. It needs to be distinct, and it shouldn’t be a popular phrase.
Frivolous registrations are happening a lot lately. Phrases that are in every day use or trendy like “soccer mom” or “wifey” or “dog mom” are trying to be registered and currently are being opposed. Some that have gone through and are trademarked: “#momlife” and “sweating for the wedding” – you’d be surprised what has been pushed through that seems ridiculous to be trademarked.
Basically a trademark means that if you do photography and you name your business “Baby Shots” and then someone else comes along with a photography business doing the same thing, and names their business “Baby Shots” – that’s something to trademark.
That’s what trademarks are supposed to protect.
Lately, people have registered every common phrase they can think of, and so many of them are being accepted. It’s ridiculous!
I have joined a group that is fighting frivolous trademark registrations. While we can’t do much about ones that are already registered, we can fight the ones that are still in the application process. This group has a great team and a lawyer to help advise so they can file a letter of protest to keep people from trying to register common or trendy phrases. Wanna join them and help fight the fight?
Trademark Bullies & Etsy
There are trademark bullies out there that can use these frivolous trademarks to bully you – and Etsy is full of them!
Etsy is a pain in the ass with how they handle these things and a lot of people hate it. Me too. If you get reported enough by these bullies, Etsy wipes their hands clean and shuts you down. They don’t really want to be involved and their policies are set up to keep them from doing so.
This is true for most third party sites that you might depend on to sell your goods. But, I continue to sell my SVGs there because it’s where I make the majority of my income. I tried selling on my website and it didn’t take off, so I stopped to avoid more work. I’m also selling at another website and it’s very slow for me there to start, but things are picking up as it’s a new site. To leave Etsy would be business suicide right now.
Thinking you might want to leave Etsy? Indie Law has a post about this – and they make really great points!
SVG Designs + Trademarks
Your question probably is, “are SVG files trademarked?” – well, based on my search when I type in ‘digital file’ in the trademark class search on the trademark website it comes up in classification 9, Digital Media.
In most cases I am NOT violating trademarks with my SVG designs because no one has them registered in the 09 Trademark class. But you may be selling an end product that is that uses my SVG design. In that case you would be infringing on trademarks.
The following are the most popular selling Trademark classifications being used on Etsy with SVG designs:
- 09 – Digital Media (my SVG files themselves)
- 16 – Paper, Items made of Paper, Stationary items (Think Cards and Scrapbooking Products)
- 18 – Leather Goods (I believe this includes canvas tote bags – if not it’s under 24).
- 20 – Furniture (I believe wooden signs fall in here – if not class 16).
- 21 – Crockery, Containers, Utensils, Brushes, Cleaning Implements (Think Mugs and Glassware)
- 24 – Fabrics, Blankets, Covers, Textile (This includes Towels, Pillows, etc.)
- 25 – Clothing, Footwear and Headgear (This includes T-shirts, Hats, Baby Clothing, etc.)
How to Handle a Trademark Infringement
If you are infringing trademarks in your class you will want to remove those immediately. However, if you are not sure and you get contacted by someone, the folks over at Indie Law have a great post on how to handle it. Check it out!
Again, I am not liable for you not doing your due diligence. Please please please speak to your attorney. You may want to join the Indie Law Facebook Group for guidance, too.
I do not want any of you to ever risk your business. I want you to thrive and do it legally. This is why I think it is important to educate our consumers. If business were easy we’d all be doing it, right? DO the right thing and you’ll thrive, I promise!
Please note that I am NOT a lawyer and this isn’t considered legal advice. You should speak to your attorney and get proper legal advice. Everything here is based on research I have done. I welcome updates and corrections!
Great article, but unfortunately, I am still a little confused by all of this. I have a shop on Etsy selling SVGs, and I have had Etsy take a few listings down in the last few months (I started the shop October of last year). I spoke with one of the companies that reported a design of mine and they said that if there is any possibility of an SVG file being use to make and sell a physical product using their trademarked word or phrase, then it is not allowed (so in other words I cannot sell the digital design only…because of what *someone else* might do with the file). 🙁
That is correct. You could be held responsible if someone you sell the file to makes something with it and sells it. Legally, they could come after you as like a third party. Even though you aren’t technically violating the trademark in your class. Your best bet is to be original, don’t use trademarked phrases if you can help it. Stay away from things like Disney, etc. Or, when in doubt, contact a trademark attorney.
This article is great. I am still learning and trying to figure out the svg images. For example, there is a bud light svg i saw. If I purchase it says for personal use and small commercial use. So I believe that means I could download it and apply it to my tumblers and sell them if I wanted (small scale). Could bud light come back and say no way that is similar to our logo and could I get into trouble even though my svg states clearly its ok? That is where I am confused on buying svg for like things like beer/soda trademarked names.
Oh no. Do NOT use any brand items. That person is misleading you. You cannot use another brand’s name or likeness and sell it. NEVER buy a brand name anything. Period. Unless it’s coming direct form that brand itself. People will misinform you. That person can be sued by that company for even using that brand for personal use.
Question,
Am I able to buy SVGs from Etsy, then put them on my own mockups and sell the shirts I made with that SVG I bought?
You can do whatever you want. But, I wouldn’t buy a design that is a trademarked design and then resell it on anything. Those designers selling you that trademarked design (Disney, etc.) are violating trademark laws and you could get in trouble or have your pieces pulled off Etsy.
Once I buy a SVG, do I get to keep it on my computer for multiple use?
You should review each designer’s licensing terms that’s set by them before making any purchase. They will tell you what you can do with their designs. No two designers will have the same exact policies.
I LOVE THE ARTICLE, BUT IS YOUR ETSY SHOP NOW CLOSED? THEY CLOSED IT?
No. I left Etsy to sell on my own. You can buy my SVGs at https://almonogram.com and my stickers and pins at https://hollypixelsstudio.com.
If I purchase an svg image like a pumpkin & use it in my own worded svg design to sell is that ok?
Hi Courtney, so you’ll want to make sure who you bought the pumpkin SVG from allows it to be used that way first.
Hello. Thank you so much for this, I really struggle with what I should or should not do when it comes to phrases. I just wanted to clarify one thing for myself. Let’s say I want to sell my own digital file with a common phrase like “one in a mellon” with a watermellon on it. Are you saying that I should makes sure no one has trademarked that phrase with a frivolous type trademark? Is this a good example of what you were explaining?
My input it just advice. A lot of things like that tend to be frivolous if you ask me. I mean everyone has said one in a mellon for years. But some people have been filing frivolous trademarks and a lot of groups are working to get them pulled. So technically I would say, yes, if you want to sell a digital file then you would want to check. But for things like this I am always inclined to just do it until someone tells me I can’t. It’s frustrating. Like, Bride Squad, or Wifey. Who trademarks those? Greedy people!
I’m wondering what is the best practice to find out if an svg design is original to the seller? Do we need to ask everyone on Etsy, etc. if they actually created every element themselves? I’m using svgs on heat transfer vinyl on clothing for sale. I can’t always find a design I want and I’d love to just create my own designs but I don’t want to risk using clipart (of a pumpkin from google for instance), if it isn’t legal.
I would, or you can also look it up in the Trademark database.
My question is about images. I was just messaged regarding an image SVG that I purchased on Etsy, saying that it was copyrighted. It’s a simple Ruth Bader Ginsburg collar that I am using in my designs. How do I go about checking if images like these are copyrighted or trademarked? It seems so random.
If you purchased an SVG that just means the designer’s actual work is copyrighted. Meaning you can’t take their artwork and copy it and try and sell it as is or modify it into a new design to sell. More than likely you want to look to see if they allow you to use that design to create products for commercial use sales. A lot of people use the collar design for sale. Now, Banana Republic made her famous collar, a bib necklace. And, most artwork is just derived from the idea, and not exact.
So in regards to selling a Svg that has a clothing trademark but no digital media… if I state on my listing it’s for personal use only, and using for commercial may lead to trademark infringement… do you think that would “cover me”. I actually just received a notice about a design, which lead me to your post. I have emailed the representative about this but after reading this and some of the comments, I’m sure they will say the same thing about possible sales from my listing.
You’re selling something, making a profit off of a brand mark or trademarked slogan. So that company can come after you for that. Whether you sell for personal use or commercial, you’re profiting off their brand. If you didn’t pay for a license to use that directly from them I honestly wouldn’t risk it. It’s not worth what you could face legally.