Trademark Infringements & Alternatives for Silhouette Cameo and Cricut Crafters

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Oh, trademarks. I talk about them a lot on Cutting for Business. Unfortunately for Silhouette Cameo and Cricut sellers who sell their goods – the situation is getting worse. In the last year or so – there have been so many new trademarks applied for and granted that it is hard to keep up. At each All Things Silhouette Conference I hand out a list of common trademarks and some alternatives. I recently updated the list and wanted to share it with you. The first list is trademarks you may have come across before, but many newer ones are listed in the second list.

Trademark Alternative
Onesie Bodysuit
Koozie Can Holder
Popsicle Freezer Pop
Sharpie Permanent Marker
Frisbee Flying Disc
Shabby Chic Cottage, Country
Tiffany Blue Blue
John Deere
tractor color scheme
Use different colors
Lego Block
Quatrefoil Clover

The thing about trademarks – more are being added everyday. Here’s a list of newer trademarks that you should avoid when selling your own products.

Trademark Alternative
Mermaid Life Underwater Life, Mermaid Lover
Milestone Blankets Memory Blankets, Age Blankets. Creator is seeking patenting and trademarks for the design, but they have not been approved at writing of this post.
#momlife, momlife #parentlife
Bride Tribe, Team Bride A lot of new trademarks related to brides were recently approved. Due to space, I’m not listing all the variations.
Motivational Bottle The design of these popular bottles is also protected. Alternative: Water Bottle
Fight like a Girl Strong like a Girl
Country Girl Country Woman
Because Kids. Kids.
Whiskey Tango Foxtrot No good alternative.
Adulting Being an adult
Verse of the Week Weekly Verse
The snuggle is real Love to snuggle, Snuggle lover
Boymom Mom of boys

It’s a good habit to always check the TESS database at the United States Patent and Trademark Office before creating a product for sale. For more trademark posts on Cutting for Business, click here.

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Trademark Infringements & Alternatives for Silhouette Cameo and Cricut Crafters by cuttingforbusiness.com

38 thoughts on “Trademark Infringements & Alternatives for Silhouette Cameo and Cricut Crafters”

  1. I purchased the term “Bride Tribe” sometime ago for commercial use. Since I purchased the term can I continue to use “Bride Tribe” or do I need to stop using it? If I have to stop can I request a refund (I think it was from the Silhouette Store) since I am no longer allowed to use the term?

    1. Hi Melissa! So, you can use the term Bride Tribe on products that it isn’t trademarked. You’ll just need to steer clear of these products (Copy and pasted from TESS database): Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Athletic tops and bottoms for adults, children, women, men; Bandeau tops; Baseball caps and hats; Bottoms; Clothing, namely, crops; Crop tops; Halter tops; Headbands for clothing; Hooded sweatshirts for adults, children, women, men; Hoods; Jackets; Muscle tops; Pajamas for adults, children, women, men; Shirts for adults, children, women, men; Sweaters for adults, children, women, men; Sweatpants for adults, children, women, men; Sweatshirts for adults, children, women, men; T-shirts for adults, children, women, men; Tank tops; Tank-tops; Tops; Tops for adults, children, women, men. – Temporary tattoo transfers for use as cosmetics – Hair accessories, namely, hair ties, hair scrunchies, ribbon hair ties, elastic hair ties, fold over hair ties, no crease hair ties. As far as a refund for the purchase, you’d have to take it up with Silhouette. Hope that helps!

  2. This is so confusing! (Not your article but trademarks etc) It almost makes me want to stop creating things. It’s not fun. When you say “Onesie” is trademarked, does that mean in your description of your product you cannot call the product a onesie?

  3. Ok, Why am I still confused? (your article is not a problem, very informative) however I’m still a little unclear as to what I can do. lol ex: if I take a gerber onesie and print a saying on it…now what? am I not allowed to do this?
    And another thing….what I have done in the past is take a picture and changed it up a little so its not a complete replicate. Is this ok?

    1. If you are using a Gerber brand onesie, it is generally ok. But you can’t take another brand and call it a onesie. You can take another’s idea and use it for inspiration, but there is no rule of how much you have to change (like a percentage). Basically, if it causes confusion of the consumer for the trademark – it would be considered an infringement. Hope that helps!

  4. i recently purchased an svg file from a site stating all items could be used for commercial use. I would have assumed that these would be crossed referenced with trademarked phrases, however in peeking the Tess database I discovered one I purchased ‘brand sparkling new’ is already trademarked for body suits for children or baby goods etc. I had intended to use the phrase for that reason so should I stop now? Is it possible to get permissions? Just want to make sure I’m legally covered thank you so much for all your helpful tips!

    1. Hi Michelle! This actually happens a lot: A private seller offering commercial use designs of a trademarked phrase. If the seller is not the trademark owner, you cannot use the file commercially. If the seller is not the trademark holder, you would need to contact the trademark holder and see if they will license the phrase for you to use. Hope that helps!

  5. Hi, this is very interesting and confusing… I had no idea someone could put a trademark to words! Designs yes, but phrases feels like it’s taking it a bit too far. I am just starting to create bits and pieces and definitely need to look into this more. Do these apply worldwide?

  6. Hi Christine,

    Forgive my question as I am very new… regarding trademarks. I understand that the phrase mentioned by another poster “Brand Sparkling New” is trademarked in the US. I am in Canada, and upon searching the global database I do not see a trademark for this phrase in Canada. Does that mean I am able to use this phrase? Thanks so much for you help 🙂

  7. Hi Christine,
    Can we use trademarked phrases if the intent is to make gifts and not for selling the items? Thanks in advance for your help. ☺️

  8. Hey Christine! Your website has been super helpful for me starting all of this! I have a question about trademarks, copyrights, etc. Are song lyrics and lines from movies/TV trademarked/able to be used? Thank you!

  9. Hello, I looked up “raising my tribe” and it says it is trademarked for clothing. I have 2 questions. First, does this mean I can make and sell decals for other things (ex: tumblers, car decals etc)? Second, can I make clothes with this phrasing for my personal use (not for sale) without running into infringement issues? Thanks in advance for all your help!

    1. Hello! If no other registrations cover tumblers, car decals, etc – then yes. For personal use, you’d still be infringing, but if there is no money exchanging hands there is no case for someone to take action against you. Hope that helps!

  10. I think Etsy has become a hostile trading place, not friendly to crafters. The trademark warning and store closing to me seems to be a weapon people are using to close out competition to ‘protect their sales’ vs any trademark infringement. The trademarking of phrases is a little loose and I’m not completely sure Etsy should be shutting people down no questions asked. In my mind you are better off using other solutions like Shopify, WooCommerce, Square or one of the other more independent platforms where you can compete away from the Etsy snipers looking to close you down. I don’t condone those that abuse trademark and copyright but those that abuse Etsy’s rules are far worse.

  11. Wow! This is scary stuff. Thanks SO much for this post. I’ve recently been made aware of this topic through a friend of a friend who’s issuing cease & desist orders regarding her tshirt. It really makes me want to back off of customer requested items altogether, too. If I have to take the time to research first, that should be factored into my pricing somehow shouldn’t it? ????????‍♀️

  12. I am looking to use a silhouette of Forest Gump on a bench to promote an item with “Stupid is what stupid does”. I have figured out the saying is open to use, I can not determine if I can use the image to market the saying. Please note I am not selling the image, just using it in marketing. here is a link to a like image https://goo.gl/vbMpuv

    thoughts?

  13. I did a search on Tess for “Let’s Get Lost”. I made (from scratch) an svgs to sell for personal (not commercial) use. The trademark is for clothing, if I sell the svgs to someone for personal use and they put it on a T-shirt how would I even know? Or should I just say in the listing – some phrases used may have a copy write in place for some uses, such as clothing, and buyers should check the data base themselves before using??

    1. Hello! You wouldn’t know unless someone told you or you saw it for sale. You are welcome to remind buyers to check for trademark issues before selling goods – but if you are selling for personal use, they wouldn’t need to check.

  14. Hello, thanks for this informative article! I’m still confused about “Milestone Blanket” as there are many on the market and being termed “Milestone Blanket” seems to be too general as well. Is this term being trademarked and in addition the patent is specific only to certain illustrations? Or is the actual idea of a milestone blanket is being patented? What do you think will be the final outcome on this one?

    Thanks!

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