Check it Out Before You Create

Disclaimer: I am not a lawyer of any type. I am a former teacher creating and selling educational resources. You should do your own research into the matter of trademarks and/or consult an actual attorney. This is not legal advice.

Did you know that when you are selling resources you cannot use every name out there? There is this thing called TRADEMARK. When you started creating resources to sell (or give for free to promote your store), you pretty much no longer fell under fair use.

When you create your educational resources, it is your responsibility to look to see if there is an existing trademark on the name you want to use and the category for the trademark.



⇝ Just because you have a reading textbook that needs supplemental material doesn't mean you can use the name of the reading series in your product.

⇝ Just because you see 10,000 products on TPT using a certain name doesn't mean it is okay for you to use.

⇝ Just because you like a certain author doesn't mean it is okay for you to use that author's name or product/book names.

⇝ Just because you purchased clip art does not mean it is okay for you to use if it depicts popular characters that are quite recognizable.

You must do your homework! (Isn't that what you tell your students?)

Here are a couple of places to check for trademarks:
United States Patent and Trademark Office

Trademarkia

When you do your trademark search and you find the name you want to use, you also need to look at the category. Not everything is trademarked for Educational Goods or Toys/Games. Those are probably the most popular categories you are looking for.

How do people use trademarked names and get away with it?
⇝ It is important to remember that not everyone on TPT is violating trademark law. You can actually contact the trademark holder and ask permission to use the trademarked name in your product. Some sellers have taken steps to do this.

⇝ Those that do NOT have permission to use the trademarked name run the risk of receiving a Cease & Desist (C&D) letter from the trademark holder. A C&D does not have to be sent first. The trademark holder can file a lawsuit.

⇝ If a C&D letter is received by TPT, your product will be removed. You can appeal this decision. TPT does have a "3 strikes you're out" rule. So 3 violations and your STORE is removed.

Sometimes new sellers just don't know all of the rules. We were all new at one time. If someone mentions to you that you should check a name for trademark, please listen. Don't just delete their comment or your post or ignore them. So many times sellers don't want to hear that they may have a trademark violation because they have such a fabulous product. They want to do their own thing and make as much money as possible. To me, it's about what's right - what's ethical. You have to choose your path.

Be smart and do your research into names of products or people that you want to use to sell your resources. Be ethical and don't use trademarked names unless you have permission.

Creating Original Quality Products

Many teachers make resources to use in their classroom. I know as a Special Education Resource teacher, I was always creating things for my students due to lack of curriculum, supplies, and just to meet their needs. Now it's time to take those created resources and get them ready to sell. Here are some things to think about before you post an item to sell.

1) Does your product contain original content? You cannot sell a worksheet that you've downloaded from the internet. You cannot retype the workbook page and call it yours. You cannot retype a passage and call it yours. I've created learning centers for my students. I would take a worksheet or workbook page and rewrite the information on cute, themed cards. That was okay as I was just using it in my classroom. I cannot turn around and type it up on cute, themed cards to sell. It wasn't my original content. You need to write your own reading passages, create your own math problems, or write your own social studies questions.

2) Is your product free from existing trademarks? I am not a lawyer and will only say to check for trademarks before creating a product. There are many popular names and characters that are trademarked. I suggest the United States Patent and Trademark website: http://www.uspto.gov. Do your research before jumping in with some popular characters and themes. Just because someone else is doing it doesn't mean it is okay for you to make. They may have permission and you don't. If a Cease & Desist letter (which does not have to be sent first) is sent to TPT, your product will be removed and you will have a strike against your store - 3 strikes you're out.

3) Is your resource a quality product? Be sure to edit and re-edit your work before posting. Spelling or grammatical errors are a turn-off and buyers might not return. They also might rate you poorly on their feedback instead of leaving a comment in the Q&A. Are words lined up properly? Does it look professional? Does the product include what the teacher needs to use the product or have a list of materials that would be needed? Do you include teacher directions? Not everything needs teacher directions, but be sure to include directions when there is a need. I didn't think to include directions to play the card game War in one of my products. Boy, was I wrong! The buyer certainly let me know about it in the feedback. Do you include an answer key if appropriate? Yes, teachers want answer keys. It makes it a lot easier on them. I had someone ask me for a key because they were too lazy (their words) to make one. Make sure the fonts you use on the material is suitable for your age group. Save the cute fonts for titles!

4) Does your product contain commercial use design elements? Any clipart, photos, fonts, or backgrounds you use in your products should be for commercial use (even free products). You cannot just pull an image off of Google and stick it on a product to sell or give away. Remember that what you make for your classroom is different than creating to sell. TPT has many wonderful artists who provide clipart, photos, fonts, and backgrounds for you to use in your product. Be sure to read and comply with their Terms of Use as each one is different.

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