how do you copyright a name for a business [With Pictures]

Last updated : Sept 2, 2022

Should I copyright or trademark my business name?

A trademark can protect your name and logo in case someone else wants to use them for their own purposes. Also, you cannot really copyright a name, since copyright protects artistic works. This is exactly why you need to have a trademark that protects your company's intellectual property, such as your logo.

How much does it cost to get a business name copyrighted?

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).

Can you copyright a business name for free?

Can I trademark 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.

Can you legally copyright a name?

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".

How do you stop someone from using your business name?

Your brand is your company's identity, so it's critical to secure it with a trademark, which prevents someone from improperly using your business name or branding. To get a trademark, you'll need to file an application with the United States Patent and Trademark Office (USPTO).

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.

What is the difference between copyright and trademark?

Copyrights primarily protect the rights of people who create literary, dramatic, musical, artistic, and certain other intellectual works (like history tests, and software code). Trademarks protect the use of a company's name and its product names, brand identity (like logos) and slogans.

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 much is a trademark worth?

Trademarks can have no value, or can be very valuable indeed – it all depends on the business associated with the mark!

How do I know if my business name is already taken?

Check Trademark for your proposed name --> Check Trademark This website is maintained by the Office of the Controller General of Patents, Designs & Trade Marks, Department of Industrial Policy & Promotion, Ministry of Commerce & Industry.

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.

How do I know if a business 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.

Which is better patent or trademark?

What's the Difference Between Patents and Trademarks? A patent allows the creator of certain kinds of inventions that contain new ideas to keep others from making commercial use of those ideas without the creator's permission. Trademarks, on the other hand, are not concerned with how a new technology is used.

Can I trademark my own name?

If the name is a personal name you may use it a trademark, as long as a namesake does not beat you to the punch, meaning that your proposed personal name would not cause a likelihood of confusion with a similar name already in use for related goods or services.

What happens if you trademark a name?

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.

Can someone steal my business name by registering it as a trademark?

Anyone can snatch up a business name and use it for their own business. There's no one uniform database or agency that ensures only one business is using a specific business name. That's how we often see very similar company names that aren't related by franchise or corporate ownership from one state to another.

What if someone else is using the same business name?

If you discover another business using your name, the most common first step is to send a cease and desist letter to the other business. Keep in mind that there are better and worse ways to write a cease and desist letter, and how you craft the letter will have a large impact on whether the other business complies.

What do you do when another business has the same name?

In most cases, when two businesses with the same or similar names are operating in overlapping markets and locations, the conflict will be handled through an administrative proceeding with the US Patent and Trademark Office or with a lawsuit brought by one of the owners.

Can a company sue you for having the same name?

A trademark lawsuit will require you to prove three things: You have registered a trademark or service mark in the name. Someone else is using the same or similar name to sell similar goods and services to yours. The infringer's use of the name is confusing customers or diluting the power of your trademark.

Can you trademark a name that is 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.

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Write a comment

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 for your comment Eunice Vanwechel, have a nice day.
- Rusty Klaich, Staff Member

a copyright trademark and business name are three distinct business assets often confused by business owners a copyright is filed with the US Copyright Office for works of art a photo website book movie copyrights protect works of authorship and establish ownership rights a trademark is a word logo or slogan examples include Nike shoes and FedEx shipping registering a trademark with the Patent and Trademark Office is an important step it protects your business brand a business name is different from a trademark to incorporate or form an LLC you register your business name with the state if your business name is your trademark incorporate with the state and file a trademark with the USPTO to protect your brand when starting a business you must protect your company's intellectual property trademarks and copyrights may be your business's most valuable assets whether a trademark copyright corporation or LLC my corporation is here to help

Thanks kstotsG your participation is very much appreciated
- Rusty Klaich

About the author

Rusty Klaich

I've studied woodcraft at Golden Gate University in San Francisco and I am an expert in policy analysis. I usually feel energetic. My previous job was automobile mechanic I held this position for 19 years, I love talking about storm chasing and quacking. Huge fan of Jeremy Lin I practice cricket and collect seashells.