*UPDATE* For more information, please check out Etsy’s Trademark Guidelines. This article was originally published on January 22, 2007. Since that time, a bunch of awesome Etsians have sent their information to legal@etsy.com. Etsy may approach members who have not contacted us about using trademarks on products. So if you currently use the name “Etsy” or another Etsy trademark in a product for sale in your Etsy Shop, please read this article and contact legal@etsy.com with the necessary information.
SarahSays is Etsy’s in-house attorney, and she spends much of her day translating Legalese into plain English. She previously posted a Storque article about the history of trademarks and how they work today. Below, she’s introducing an Etsy program that will effect some sellers: it’s a way for the larger Etsy company and its thousands of sellers to cooperatively and collectively use the Etsy trademarks. But here’s the thing: we have to communicate with each other about it! And below, Sarah details what we need to do.
I am always amazed by Etsy’s dedicated and creative community. Many sellers and buyers have expressed a personal connection to Etsy by using the word “Etsy,” its logo, or other Etsy Marks on products, in running a website, in hosting an event, and in creating promotional materials. This use may seem like a win/win situation: the member uses the Etsy name to promote their shop and all of Etsy benefits from this promotion.
However, the name Etsy, and other Etsy graphics, logos, designs, page headers, button icons, scripts, and site feature names are registered trademarks or trademarks. What does this mean for the Etsy community and the Etsy marketplace? How can we reconcile all the legal stuff with our inclusive and proactive community? These are tough questions for us Admins, and we’ve been discussing it with you in the forums. Here’s the background, in a nutshell.
If Etsy allows just anyone to use marks similar to Etsy’s trademarks in any way, without permission, Etsy could lose its trademark rights. If Etsy loses its trademark rights, Etsy will be unable to stop others from using the Etsy trademarks. Imagine if you discovered a product with the word Etsy on it. Imagine that this product was for sale at a very un-Etsy place. Not only that, but the product was mass-produced in the most terrible of conditions. Well, Etsy does not want things like this to happen. To prevent situations like this, Etsy must have a permissions program in place so Etsy can protect its brand and stop this sort of misuse.
Therefore, Etsy is instituting a trademark permissions program. Through this program, members will describe how they’d like to use Etsy’s trademarks. Applications will be reviewed, and in most circumstances limited permission to use the approved trademarks will be granted, for free. So long as you comply with Etsy’s Terms of Use, Dos and Don’ts and other site policies, this process will be easy to walk right through. Etsy’s community and marketplace benefits from your creative uses of Etsy’s trademarks, and we’re not trying to put a damper on your creativity or your expression! Keep in mind, however, Etsy will not grant permission to use the Etsy name in a drop shipped and mass-produced product.
This program will take time to implement, as each request will be reviewed individually and each approved member will be asked to follow some instructions and sign an agreement. We expect a bunch of requests all at once, so please be patient. After the program goes into effect all uses of the trademark similar to that belonging to Etsy, must be pre-approved.
Through the trademark permissions program, both Etsy’s trademarks and your use of Etsy’s trademarks will be protected. Thank you for your creativity, thank you for your patience, and thank you for your personal connection to the Etsy!
Do you want to apply to use the Etsy trademarks in a product?
For example, do you want official permission to silkscreen the Etsy logo on a handmade bag or paint the word “Etsy” on a mug? Please email the following information to legal@etsy.com:
- Your contact information: Etsy shop, full name, email address, address, phone number.
- What trademark you want to use? (Do you want to use the Etsy name, the rectangle logo, another Etsy trademark? Lets us know.)
- Information about the items: What will you make? How will the items be made? How will you use the Etsy trademark?
- Information about the quantity: How many of the items will you make each year? (This can be an estimate).
- Information about selling the items: Where will the items be sold?
- Image of the product.
- Any other relevant information.
For permission to use the Etsy trademark in a product, please email legal@etsy.com with all of the above information. Please make sure you include all requested information. Any incomplete applications will be returned. If you want to use an Etsy trademark in any way other way (for example, in a domain name), email legal@etsy.com with as much information as possible, including description of use and the domain name. We will review the request and get back to you.
Please check out the FAQs for more information.
Thanks!
Sarah
Etsy Trademark Program FAQ
Q. I am already selling an item with the Etsy logo or just the Etsy name on it, what should I do?
Don’t panic. Email the information to legal@etsy.com for official permission to use the Etsy Mark. For products listed on Etsy, unless the product violates an Etsy policy, Etsy will not start removing items for using Etsy marks until we all feel we’ve reviewed the first wave of requests.
Q. Do I still need permission if I change the Etsy logo?
Yes. You will still need permission. In fact, changing the logo could cause confusion.
Q. What types of products will be accepted?
Handmade goods that comply with Etsy’s policies will be accepted. Dropped shipped or mass-produced goods that do not comply with Etsy’s policies will not be accepted.
Q. How long will it take to hear back about my application?
Initially, we anticipate a large number of applications, so please be patient. In the meantime, you can continue selling your Etsy logo products until reviewed.
Q. What happens if my application is accepted?
You will be asked to sign a contract. The contract will let you know that we have an agreement in how to use the trademarks, limits on using the marks, language to use in your item posting, and other legal information. This contract will help Etsy keep track of your use. You will also get an official TAG for your products to use on Etsy. The email that accompanies the contract will explain, in plain English, what you are asked to agree to.
Q. When do I need request permission by?
Please request permission as soon as possible. For products listed on Etsy, unless the product violates an Etsy policy, Etsy will not start approaching members using our marks on the site until April 1, 2008. For all other uses, Etsy reserves its trademark rights to the fullest and may ask you to comply with certain terms at any time.
Q. I want permission to use the Etsy trademark in a domain name / event / promotion / other use. What should I do?
Email legal@etsy.com with as much information regarding your plan, including description of use and the domain name or name of the event.
Q. I have a blog that includes the word “Etsy” in the url. What if you do not grant me permission?
Please email legal@etsy.com with as much information about your blog as possible, including focus or type of content written on the blog and domain name.
Q. My domain name does not use the word Etsy, but I mention Etsy in my site. What should I do?
So long as it does not seem as if you are pretending to be an Etsy employee or other similar situation, you may use the word Etsy to describe where you buy and sell all things handmade. For example you can say “I found this awesome shirt on Etsy,” or “visit my Etsy shop.” Also, you may have a section of your blog, for example, “Daily Etsy picks.” You do not need to fill out a form for these types of uses. When in doubt, email legal@etsy.com and we’ll be happy to talk you through it.
Q. What about promotional materials such as business cards, flyers, etc.?
If your business card simply contains the name of your Etsy shop or your shop’s URL (for example, www.yourname.etsy.com), there is no need to fill out a form for permission. If you are using Etsy’s trademarks in any other way, please email legal@etsy.com with as much information as possible about your use of the trademarks.
Q. I am putting on a craft fair in my town with other Etsy sellers, do I need permission?
If you are using the Etsy trademark in your promotional materials (other than URL of your Etsy shop) or if you are using the name “Etsy” in the name of the craft fair (for example, the “Etsy Small Town Amazing Craft Fair”) then yes, you need permission. If the name of the fair does not contain the Etsy mark (for example, the “Buy Cool Stuff Craft Fair”) then you do not need permission.
Q. What about Etsy Teams?
There is no need to email us right now. We’re still working on this and we will be in touch. We anticipate few changes, so not to worry. We love our Etsy Teams and will work with you about using Etsy marks at a later time.
Q. I thought I could use the Etsy trademark in anyway I wanted. Why are you doing this?
Although Etsy has not publicly policed its trademarks in the past, if we do not do this now, Etsy could lose its trademark rights. That means, if we let our members use our trademarks without case-by-case permission, we will have no recourse if a no-good, environmentally unsound manufacturer produces an inhumane product under the Etsy brand! This will harm our brand, our site, and our community. We don’t want to risk this.
Who do I contact if I have a question about this program?
Email legal@etsy.com.
These FAQs may be periodically updated. Questions about trademarks and the content of this article? See the associated forum thread. If you have a specific concern about your item, you may want to talk to Sarah about that privately. Email her through legal@etsy.com.
Sarah Feingold is Etsy's in-house attorney. She is also a jeweler with an extreme sweet tooth.
