Can a product name be copyrighted [Expert Answers]

Last updated : Sept 12, 2022

Do you copyright or trademark a product 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.

Can I copyright a brand name?

While you can't copyright a business name, you can trademark a business name. The best practice is to hire a trademark lawyer to file the trademark on your behalf. In fact, you will increase your odds of a successful federal trademark registration by doing so.

Can product labels be copyrighted?

2. As to the label, copyright cannot be claimed in a “print or label consisting solely of trademark subject matter and lacking copyrightable matter.

How do I protect my product name?

1. 1) Come up with a unique brand name for your product. “My name is more important than myself.”
2. 2) Perform a trademark search on the selected brand name.
3. 3) File your trademark application with the USPTO.
4. 4) Follow through with the USPTO during the application process.

Are product names protected?

Yes. Business names, product names, logos, and labels can all be trademarks. You acquire a trademark by using your mark in commerce—in other words, using it when you conduct your business. You should register your product name trademark with the U.S. Patent and Trademark Office (USPTO) for the most protection.

How much is it to copyright a brand 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).

What names are 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".

What is difference between copyright and trademark?

Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.

Is a brand name intellectual property?

Protect Trademarks Just like names and taglines, the law recognizes a company's logo as its intellectual property.

Do I need a copyright for my product?

No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.

How do I find out if a name is copyrighted?

You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)'s Trademark Electronic Search System (TESS).

How do I copyright a name for free?

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.

How do I know if a brand name is taken?

Before you apply, you should search the USPTO's trademark database (Trademark Electronic Search System, or TESS) to see if any trademark has already been registered or applied for that is: Similar to your trademark. Used on related products or for related services, and. Live.

Can I use a product name?

Any individual or company can trademark a product name, symbol or logo, as long as the mark is unique. Although a company can own a trademark with a unique product name, the trademarked product can become genericized over time.

How long does 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 I register a brand name?

1. Register on the trademark office portal:
2. Trademark search:
3. Filing of trademark application:
4. Examination of trademark application:
5. Show Cause Hearing:
6. Publication of Mark in Trademark Journal:
7. Trademark registration & certification:

Can you copyright a logo for free?

To copyright your logo, you need to use the copyright symbol. This familiar symbol of the letter “c” contained in a circle is the universal symbol for copyright. Include the symbol or word within your logo or right next to it. To trademark your logo, you need to register it and pay a fee.

Can two businesses have the same name?

Can Two Companies Have the Same Name? Yes, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.

Can you 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.

Which of the following is not protected by copyright?

The correct answer is OPTION 1: Slogan.

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Write a comment

he folks today we're going to be discussing the differences between copyright and Trademark just a quick disclaimer to say that I am NOT an IP professional if you do require intellectual property advice please do seek out professional help so what is copyright copyright is there to protect your original creative works you can't copyright an idea you can copyright things like literary work dramatic works Musical and artistic work as long as they are in a tangible form what do I mean by a tangible form well things like books film recordings websites software photography paintings or graphic design elements like business cards or brochures having the copyright then gives you the exclusive rights to perform distribute make copies of or even make adaptations of your original creative work here in the UK there is no requirement to register your copyright it just happens automatically as soon as the work is created this may be different in your location so please check with your local Copyright Office or intellectual property office to get the full facts on how copyright is assigned in your country protection on copyright generally lasts for the lifetime of the author Plus 70 years again this may be different in your country so please check once you have created your work and the copyright is assigned you then have permission to use that little copyright symbol the little C inside the circle along with the year that the work was created however there is no requirement to use that little C symbol the copyright still remains with you at all times so let's move on to registered marks there are two types of registered marks and both of these can be used to protect the sale of products or services for a business the first is the trademark which is used to protect goods or products and the second is a service mark which you would use to protect services that you provide generally though people tend to use the town trademark to cover both our trademark and the service mark for the purpose of this video I will be using the term registered mark which covers both examples of things that can be covered by a registered mark would be a company name a slogan a sound a color under logo once you have that registered mark you have the exclusive rights to use that mark with your product or service it allows you to stop other companies businesses or organizations from using a similar mark to promote or sell a similar product or service what you can't do is you can't prevent someone from using a similar mark if they are using it to promote or sell a dissimilar product or service let's look at this example of two locals one for Sun Microsystems and the other for Columbia Sportswear now visually these two logos are very similar especially if they were both in black for example and you just had a quick glance at the logos the reason that both of these similar logos can exist and be registered as marks is that there are two completely different industries Sun Microsystems is in software and computing and Columbia is in sportswear two very different industries now however let's say Sun Microsystems were in the spa for businesses while then we would have an issue because they would both have similar marks selling or trading similar products this can't happen so what would happen here is that the company that registered their mark first would be able to prevent the second company from registering the mark which is similar to theirs and in a similar industry in its simplest form registered marks are there to help the consumer differentiate between brands and the products and services that they sell if when you try to register a new mark the internal Property Office will look at existing marks and if they feel that by registering your mark this may cause confusion for the consumer when they are looking to buy a product or service from someone who is in the same industry as you they will deny you that registration once you have registered your mark though you can use the little R symbol inside the circle next to your logo or your brand name unlike copyright registered marks can last indefinitely but they do have to be renewed every 10 years one thing that you cannot do is you cannot register a mark and sit it on a shelf for use at a later date for a registered mark to be viable it must be in constant use so those are the main differences between copyright under registered mark or as I mentioned earlier most people just use the town trademark I hope this cleared up any confusion you may have had in the past about the two terms and you can move forward safe in the knowledge that you have the correct understanding for both for more brand and design advice why not join hundreds of other brand rockers who have signed up to my rock your brand monthly email newsletter it's absolutely free and the advice that I give in there will help you to strengthen your brand and stand out from your competition head on over to rock your brand or quote at UK and sign up until I see you next time folks stay creative

Thanks for your comment Hung Bierut, have a nice day.
- Marth Schmaling, Staff Member

here's a new question from quora how do i copyright a brand name i'm andre minkov the founder of trademark factory and here's my answer to this question well you kind of don't you cannot copyright a brand name copyright is also part of intellectual property a type of intellectual property but it's very different from trademarks copyright protects content protects books music photographs videos software but it does not protect brand names copyright is not designed to protect short phrases it's not designed to protect individual words is not designed to protect brands is not designed to protect brand names the only thing that the only type of intellectual property that really protects brands is trademarks and that's what you have to use if you want to protect your brand name so there's no reason in the world you would be copyrighting your brand name but good for you for thinking in terms of yes i need to do something about my brand name so that i own it so if you do want to do something for your brand that would really allow you to secure it as yours you would do that through a trademark i hope this answers your question and if you haven't done so yet make sure you subscribe now and get notified whenever the next video goes live and more importantly if you have more questions about branding about trademarks that you want me to answer make sure you post a comment below and i'll shoot a video just like this one and until then i will see you you in the next video

Thanks avecpitchounv your participation is very much appreciated
- Marth Schmaling

About the author

Marth Schmaling

I've studied sociology of social movements at Saint Mary-of-the-Woods College in Saint Mary of the Woods and I am an expert in conservation and restoration of cultural heritage. I usually feel refreshed. My previous job was advertising agency coordinator I held this position for 19 years, I love talking about people-watching and museum visiting. Huge fan of Danny Glover I practice balance beam and collect dolls.