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My Favorite Brands: Why doesn’t Let’s Make Art have a federal Trademark?

December 7, 2020 Business Law

Ever since I became a Trademark Attorney, I’ve noticed when my favorite brands or businesses are or are not trademarked. Such is the case with Let’s Make Art. Let’s Make Art is a small company located in Missouri. They sell art kits for watercolor and other mediums and have guided tutorials as well. Recently, their kits were included in Ellen’s fall box. I suspect their business is now booming.

Personally, I love Let’s Make Art. I started using their watercolor kits in April of this year (hello Pandemic hobbies!) and shortly became addicted. You don’t want to know how many kits I have….it’s a lot.

Anyway, as I became more interested (some might say obsessed) with Let’s Make Art, I noticed that their business name is not trademarked.

Let’s Go Make Art

This lack of a federal trademark is problematic for many reasons. One of those is the fact that on Instagram, Let’s Make Art cannot use #letsmakeart because somebody is already using it. Instead, they use the hashtag #letsgomakeart. If Let’s Make Art had a federal trademark, they could probably get the other hashtag.

But why should they get a trademark?

I mean, I’m hoping nobody does steal their name or whatever, but trademarking a business name (especially once you grow) is incredibly important. Should somebody trademark Let’s Make Art before the actual business does, they could be forced to rebrand. This would be awful, considering that they are growing exponentially and they have brand recognition. This is why every business should trademark so quickly after being created.

Is it too late?

Nope. Let’s Make Art can get a trademark anytime they want. There’s no limit or rule about getting a trademark at a certain time. It’s just smarter to get one early so as to avoid rebranding.

Anyway, I hope they do apply for one soon. As with all of my favorite brands, I worry greatly when they are not federally trademarked.

If you want to explore Let’s Make Art, you can check them out at www.letsmakeart.com

For more information on trademarking your business, contact Nicole at yellowdoglegal@gmail.com or (971) 350-8516!