Can a name be intellectual property [Expert Advice]

Last updated : Sept 7, 2022

Can a name be trademark?

To be protected as a trademark, a personal name must be used as a trademark—the name must be used as a source identifier, to distinguish the goods or services of a particular source.

Can a person's name be copyrighted?

No. Names are not protected by copyright law. Some names may be protected under trademark law. Contact the U.S. Patent & Trademark Office, TrademarkAssistanceCenter@uspto.gov or see Circular 33 "Copyright Protection Not Available for Names, Titles, or Short Phrases".

Can I patent a name?

No, It Isn't Possible to Patent a Name Patents are only issued for inventions, ornamental designs of goods, or plants, not names. To protect your brand name and logo, you will need to utilize the trademark registration service.

Is a name copyright or trademark?

Names, logos, and slogans are common trademarks. A copyright, on the other hand, protects a work of authorship, including books, paintings, and even computer code.

When should you trademark a name?

In most cases, the best time to file a trademark application for your business name is right after you've filed paperwork to form your LLC or corporation. By doing this before your business officially launches, it protects the name for commercial use once you're up and running.

How do u trademark a name?

Key takeaway: To register and trademark your brand name, search the TESS database for similar brand names, fill out the trademark application, and submit it to the USPTO for review.

What does it mean to patent a name?

A trademark typically protects brand names and logos used on goods and services. A patent protects an invention. A copyright protects an original artistic or literary work. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.

How much does it cost to patent a name?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

How do you know if a name is trademarked?

You can search for federally registered trademarks by using the free trademark database on the USPTO's website. To start, go to the USPTO's Trademark Electronic Business Center and choose "Search trademarks." Then follow the instructions you see on the screen. Check state trademark databases.

Is the name Apple copyrighted?

The Apple trademark is a good example: While an apple cannot be copyrighted, its artistic representation can be—its use as a symbol for an electronics and software company is protected as a trademark.

Is Mickey Mouse a trademark or copyright?

People can now create their own stories with the original Mickey Mouse character. However, there are still legal hurdles like trademark law. Disney holds Mickey Mouse trademarks for a variety of commercial uses. And while copyright is time-limited, trademarks are not.

Can I trademark a name without a business?

You can't register a trademark for non-business purposes. You can only trademark a brand name that you're using in business or that you intend to use in business in the near future. You can't register a generic or descriptive name.

Can I trademark a name already in use but not trademarked?

1. Can You File for a Trademark That Exists? Updated November 12, 2020: If you're wondering, "can you trademark something that already exists," the simple answer is "no." Generally speaking, if somebody has used a trademark before you, you can't register the trademark for yourself.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

How do you copyright a name and logo?

Go to the online registration website and fill out the form for copyright. If your business is located in the United States, go to the official website of the United States Copyright Office to e-file your copyright application. You can also submit your application in paper form.

How do I trademark a name and logo for free?

Can you trademark your logo for free? You can not register a trademark for free. However, what you can do is establish something known as a "common law trademark" for free. You can do this by simply opening for business.

What's it called when you own a name?

What Is a Trademark? Any design, logo, symbol, name, or word that distinguishes a product or service from those offered by its competitors is a trademark. If you own a trademark, you can prevent others from using it.

What happens if a name is trademarked?

Registering a trademark entitles the owner to exclusive rights to use the name in connection with the class of goods or services for which the name is registered, and and makes it clear who the owner of the name actually is—all on a national level.

How do I protect my brand name?

The most common way to legally protect your brand is to register a trademark or copyright, or both, to put the entire world on notice of your claim to the exclusive rights in the registered mark or work.

What is difference between trademark and patent?

A patent protects new inventions, processes, or scientific creations, a trademark protects brands, logos, and slogans, and a copyright protects original works of authorship.

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Write a comment

if an idea stays in your head it is just an idea if you convert alight here into a song a product a design or a book then it becomes intellectual property now the idea has value and may need protecting protection can come in the form of a patent copyright or trademark this protection is an incentive to firms to go on and produce the product patents protect the working parts of a product what they do how they do it what they are made of and how they are made a patent gives inventors control over their invention for 20 years this can stop other would-be manufacturers from making a similar product using their ideas the patent gives firms a competitive advantage they can establish their product in the market without any competition and charge higher prices which helps to recover their research costs they could also sell the rights to the invention or license the invention to another manufacturer copyright laws protect the image of the product the reason a business would want to protect images of their product is to ensure that they are only used in situations that benefit the product and brand finally the name and company logo are protected by trademark this is done by registering the product name or symbol with the intellectual property office business names and logos are valuable trademarks because they are a sign which distinguishes a firm's products from its competitors

Thanks for your comment Heide Madaris, have a nice day.
- Irvin Carberry, Staff Member

hello and welcome everyone to episode number 25 of our rainbow studio facebook live series and this saturday we have someone with us who's going to talk a little bit about intellectual property but before we bring him on uh i would like to welcome all of you to ask your questions of course because this is a very interesting topic i'm sure many of you would agree it's a very very interesting topic and many of us don't really know so much about it so i really encourage all of you to either leave your questions in the comment section or if you want to join us on screen so the criteria for joining us on screen is very simple right you have to turn on your video because there's no point uh putting you on screen where all we see it's a black box with your name so if you want to join us on screen make sure you're perfectly covered and you you are willing to come and turn on your videos i'll give you the link later for you to join us on screen so that's the announcement that i wanted to make for those of you who are watching this on replay welcome once more uh you can definitely look at the comments as well as all the interesting questions that are coming up for vincent of gordian consultancy so the other thing that i also wanted to mention is that for those of you who know this is the 25th episode and this is a while to me is the milestone because uh even a year ago you asked me could i be doing this facebook live uh it's live video anyway i would say not really because i'm not the kind to do live video but look at what happened over the course of a year right so if you've been watching us for the last i don't know 25 episodes thank you so much if you've been watching us for the last 25 episodes please put a yes in the comments so that i know that you've been following us and our business topics for the last 25 episodes and if you have any uh topics that you want us to cover or anybody you feel that should be perfect for this medium let me know too so that we can invite and bring those people online with us that so that they can share their business knowledge with us so the purpose of this series is to bring people with business knowledge to share with the greater business community out there so it doesn't matter where you are because we're virtual so the person can be anywhere in malaysia or even you know across the world so that's uh what i wanted to say okay the second thing is that um many of you know i also do run my own podcast and that podcast is called women print asia so i've just launched season two and yesterday i published the second episode of season two so if any of you are interested in listening because podcast is the audio format please do listen to it at womenprintasia.com okay i've got a couple of announcements before we get started and bring uh vincent on uh there's also two things that are coming up of course after vincent's facebook live session with us today our next facebook live session happens on the 15th of may uh and that will be with a friend of mine who is a writer so she's gonna come and and and share with us how she succeeded as a writer in the writing industry okay and the other thing i want to say is before we even bring vincent on is that i'll be having a i'll be actually collaborating with a friend of mine and we are doing a webinar on hr matters so if you want to find out more about hiring better please find out more details at remotestudio.com okay now that our introductions are over let me put vincent on screen with us hi vincent hi christa hi i i i saw from the comment there that's uh my my high school friend andrew has joined us as well hi oh yes so we and andrew is also someone who follows our work closely and who has been supporting us in many of our events when we had our face-to-face events back then like china house yeah okay yeah i didn't know p-9 is so small right yeah it is yeah so for those of you watching if you like just say hello so i can pull it up for vincent to know that you're actually watching or you're a friend of his acquaintance of his so vincent before we get started on today's uh topic uh you have a book to share with us yes i do it's quite an interesting book uh it's called shakespearean so uh i don't know if you can see it properly so it's it's if you like literature if you like shakespeare uh and if you like you know your dreams uh it's quite a good book because it pairs um cocktail recipes with the characters or the drama that that is in shakespeare's books so i one of it was like uh can i compary or campari to a summer's day it's a horrible pun but yeah i i'm quite ready for uh that joke so this this it's got an interesting book um it's apart from cocktails it's also got some other um uh thing food recipes as well uh so yeah if you are interested in literature and and it's it is a book that is best read with a glass of wine or two or three yeah or a bottle yes yeah okay so before before we even get into my book recommendation i wanted to let everyone know that vincent's arm is in a cast yeah i can show it to you okay so tell me what happened then why are you in the class uh i i was i was playing with my dog in in the yard so we were running around uh and my dog is a bit special he he was uh he's a rescue dog so he was he was abused when he was when he was like two months old so they broke his spine uh but you know the the the lady who rescued her i've rescued him managed to you know get him to walk and even run he's strong enough to run into me and take me take me down yeah so so he he plowed into me while we were both running and i fell i tried to i tried to break the fall with my with my hand and i and i uh fractured my i think it's the radar head yeah so i have to be in a cast for the next month okay so that's why that's why we were chatting uh just now uh you know uh he was saying that it's a bit difficult for him to type right yeah yeah yeah we already have a comment uh this bro until says where can i get this book uh i actually cannot remember because i am one of those people who would who i'm gonna be built bibliophile yeah i like to collect books the problem is i don't read as fast as i collect them so uh i i i'm not sure i guess if you google it you'll be able to find it uh i can't remember where i got this from and there's no price tag as well i think my i think yeah why sorry yeah why bother it for me yeah yeah knowing that you literature and your drink that's right yeah okay so janet i hope you've got your answer but i'm sure you google it i'm sorry yeah if you google it you'll be able to find it yeah okay so thank you janet for that question so okay today my book recommendation is this the hundred dollar startup by chris gillabo okay i was telling vincent i was going to mangle this author's name and i don't know how his name would pronounce but this is how i pronounce it so i wanted to bring this book on because i read this book some time ago it's not uh like a totally new book but i liked it because it has a lot of very practical advice if you're if you want to start up and why i brought this book on is because today we're going to talk about intellectual pr

Thanks Gladys your participation is very much appreciated
- Irvin Carberry

About the author

Irvin Carberry

I've studied hydrogeology at Geneva College in Beaver Falls and I am an expert in aviation archaeology. I usually feel alone. My previous job was fashion designer I held this position for 11 years, I love talking about archery and art. Huge fan of Tori Kelly I practice shuffleboard and collect steiff teddy bears.