Creating a Company Part One: Trademarks
Here at Art of Distress we're preparing for Grid Zine Fest in Salt Lake City in March 2026! While Sharif is busy working on publishing his book and writing zines, my task is to get Unicorn Crossing on Steam so we can gather wishlists at the event. My first task: getting us a trademark.
Let me rewind a bit. I first started my day by researching how to get on the Steam Store. To do this, you first have to become a member of SteamWorks. If you already have a Steam account (who doesn't?) it's as easy as logging in. From there I went to my Dashboard and started the publication process - but I soon ran into this message:
Whoops! In order to start this process I needed Art of Distress to be its own entity - something we haven't done yet. I determined the following steps to make Art of Distress its own company: - Trademark Name - Register Business - Get Federal and State Tax ID numbers - Report to Beneficial Ownership Information - Create a Bank Account Note that I derived this list from researching on the US Small Business Administration's webpage. I'd suggest anyone making a small business check out their webpage for details. Today's task (and blog post) is Getting Our Name Trademarked! To start the trademark process, you'll want to create an account on the USPTO's (US Patent and Trademark Office) Trademark Center. Next, search the trademark database to make sure no trademarks already exist under your name (if they do, it's back to the drawing board, sadly). Then, Apply to register a trademark.
This is a long process, so I'll be hitting the highlights of decisions you'll have to make and info you'll have to provide. First, you'll have to select your Application Type. For us that meant Trademark/service mark, principal register. This will cost you $350 but will ensure that your company's name is trademarked and cannot be used by others. You also have an option to choose "Less Common Trademark Applications" - this does not apply to trademarking a games company. Next, you'll have to input the trademark owner's information. The trademark may have multiple owners (for us, AoD is owned by both Katie and Sharif), but each owner will need to supply their name, address, phone, and email. Next, you'll decide whether to protect wording alone, a trademark logo, or "something else" (like a 3D product or sequence). Wording alone will protect your name regardless of font, size, color, etc, whereas choosing a logo will protect the visual elements of your name, such as a logo or font/color design. The website gives these examples for logos:
We chose to protect wording alone, for two reasons. (A) We want Art of Distress to be trademarked in whatever way we use it and (B) we don't have our logo quite ready yet. Then it's time to enter your trademark, exactly as you want it protected. This does not include symbols such as ™, ℠, ® and © - just the name. For us that was Art of Distress. You may be wondering - why not Art of Distress Games? I hinted at it above - Art of Distress isn't just going to be publishing games! This year we're going to be publishing Sharif's flagship book, The Art of Being Expendable, as well as a handful of zines filled with short stories, comics and poems. We want to keep the name Art of Distress open to publish any creative works we create, not just games. Finally, you'll need to Identify the Goods and Services your trademark will be providing. This is where the money comes in. The website offers a search function of the Trademark ID Manual to help you choose the type of services your trademark will offer.
We searched for "Publish" and "Game" to find what we were looking for. You can add multiple descriptions to your trademark - for example we chose: - Publishing of Books, Magazines (Class 041) - Multimedia Publishing of video game software (Class 041) Note the Class number on each description. Each unique class number you choose will cost $350 to trademark. To give an example from the image above, all items related to the act of publishing media are in Class 041. However, Downloadable Desktop publishing software is in 009 - being a software program is different from publishing software. It's a tricky distinction. What's important to remember is choosing descriptions from a second class number will cost you another $350 to file. In our case, Art of Distress is the publishing house that will produce all our zines, books and video games. It is not in itself a video game. For this reason we didn't select "009 - Goods - Downloadable video game programs". In the future we will probably trademark Unicorn Crossing (or rather, its final name) as a game itself. And that's pretty much it! After filling out all that info and making your decisions you'll be asked to review it all and then be forwarded to a payment site. Once you're done you can return to USPTO's Drafts and Docket page to view all trademarks in review. Your trademark is not officially in effect until reviewed by an examining authority - a process that unfortunately can take 5-10 months! Despite the long wait time, you should pat yourself on the back for making it this far and submitting your trademark. And by that I mean I'm patting myself on the back for submitting our trademark! The next step in creating a company is registering the business - that is, creating an LLC. We're waiting until the new year to do this to make sure we're covered for all of 2026. And with that.... see you next year!
P.S. Important information regarding scammers! Unfortunately signing up for a Trademark means your information has to go public. This creates an opportunity for scammers to find your info and try to scam you for money. About five days after registering AoD's trademark, I got a phone call to the number I registered with the trademark. The person on the other end said they were from USPTO, and quoted to me ALL MY PERSONAL INFORMATION that had gone into the trademarking process. Email, address, phone number, full name, trademarked name, etc. They even knew that I hadn't added a logo with my trademark, just the name! They said to hold my trademark for 14 years I would have to pay them $540, despite paying $350 during the original trademarking process. They sent me an email (to the address they already had on file) with a link to pay them for holding my trademark. Luckily I smelled something fishy so I hung up and did some research.... this is a common scam that scammers pull about five days after anyone summits a trademark request. Be aware, be informed! Make sure you don't get scammed out of your money when filing a trademark! The government should never call you out of the blue asking for money - you should be able to perform all transactions on the official USPTO website.












