How to Copyright a Name
Find out whether your name is strong enough to trademark., Think up related search terms., Use a basic search engine to start your research., Search for the name using the Trademark Electronic Search System (“TESS”) search., Consider working with a...
Step-by-Step Guide
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Step 1: Find out whether your name is strong enough to trademark.
You must determine whether your name, or "mark," is considered strong by the standards of the United States Patent and Trademark Office (USPTO).
To be strong, a mark must have a meaning that uniquely represents your product or services and could not be confused with someone else's.
The UPSTO divides marks into four different categories, from strongest to weakest, and only the strongest have a chance of getting trademarked.
Here are the categories:
Fanciful and arbitrary.
This is the strongest type of mark, since it's so unique that there's not a good chance that someone else would independently think up the same mark and start using it.
For example, naming a dog food company "Charcoal" would be arbitrary; naming it "Rovalicious" would be fanciful.
Suggestive.
This is a type of mark that hints at a certain service or product without overtly describing it.
For example, naming a t-shirt company "Cotton Candy" would be suggestive.
Descriptive.
This is considered a weak category, since it's obvious enough that other people could easily come up with the same name.
For example, calling a copy service "Fred's Copy Service" is too descriptive, and you wouldn't be able to trademark it.
Generic.
This is the weakest category, since generic names are widespread and common, and there would be no way to enforce a trademark protection.
For example, naming an ice cream company "Ice Creams and Cakes" is too generic. -
Step 2: Think up related search terms.
If you're pretty sure your name falls into a strong category, you need to make sure no one else has already thought of it.
If they have, you won't be able to get a trademark.
Start by thinking up search terms related to your name.
You'll want to search the exact name as well as names that are pretty close to your name to make extra sure no one has thought of anything like it. , First, just use Google to find out quickly whether the name is already taken.
Take special note of results that are similar to your name, even if they aren't identical.
Note the type of product that's associated with similar names.
If you see your name pop up, you'll need to come up with a new one if you want to trademark it. , You need to search the USPTO's record of registered trademarks to make sure the name isn't already taken.
Go to the USPTO website, click on the TESS search page, and search for your name. , After you've finished the preliminary research, things can get a little tricky.
The laws and regulations are numerous and you may want an attorney to assist you with your application.
You'll be able to find out whether your name has a good chance of getting trademarked, and the attorney can help you navigate the paperwork involved with the application.
Make sure you work with an attorney who has experience in this particular area.
Look online or ask for a referral in order to find a trademark attorney.
An attorney can be useful whether you believe your name to be unique or not.
Your chances of getting your name trademarked is higher if you show that your research was thorough, and that's easier to do with the help of an attorney. , The easiest way to get an application is to visit the USPTO website and download a PDF version.
You can either send the application to the USPTO by mail or fill it out and submit it electronically.
You can also obtain the necessary forms by calling the USPTO and having them send you copies., Follow the instructions outlined on the USPTO website to fill out the Initial Application Form.
You'll provide your name, address, a rendering of the trademark, and what type of product or service you're using it for.
Make sure you attach all requested documents.
If you also want to trademark the appearance of your logo, be sure to include an illustration. , The filing fee differs depending on how you file, but it will be either $275 or $375.
Submit the application using the USPTO website or send it by mail and begin the process.
After you submit the application, you'll wait several months for the review process to occur.
The USPTO will send you a notice when action has been taken on your application.
The USPTO will contact you if there are any errors in your application, and you should respond promptly to all correspondence. , Do not use a trademark symbol (™) until your trademark has been registered and approved by the USPTO.
Once your trademark is approved, it's up to you to enforce it.
The USPTO won't be tracking whether other people try to use it.
If you see someone using it, you're responsible for taking legal action to enforce your mark.
To take action against someone using the same or similar mark, start by sending a "cease and desist letter." Within the letter, inform the other party that they are using a protected trademark and that if they do not stop using the mark you will bring a lawsuit against them.
If they continue to use the mark despite your letter, you can sue them in state or federal court to stop the improper use.Ask an intellectual property attorney if you have nay questions about filing a lawsuit. , As mentioned above, copyright laws apply specifically to works created, not names.
If you have a book, play, poem, song, or another artistic piece, you can have it copyrighted.
The purpose of copyright registration is to verify the validity and true authorship of a work or body of work.
This legal step protects against illegal infringement.
Although you do not need to register in order to have a copyright, a registered copyright provides legal protection and enters your work into the public record.
You are not able to file an infringement suit in court if you don’t have a registered copyright. , The process involves three actions, all of which can be done online or in person.
In this case you'll be working with the US Copyright Office, not the USPTO.
Complete an application form with the U.S.
Copyright OfficeSubmit a nonrefundable filing fee Supply a copy of your work to the Copyright Office , Whether or not you file for a copyright on paper or online, you will eventually be contacted by the Copyright Office in some form or another.
For example, a staff member will contact you if more information is needed, or if your application cannot be accepted.
If your application is accepted, you will eventually receive a certificate of registration. -
Step 3: Use a basic search engine to start your research.
-
Step 4: Search for the name using the Trademark Electronic Search System (“TESS”) search.
-
Step 5: Consider working with a trademark attorney.
-
Step 6: Download a trademark application.
-
Step 7: Fill out the application.
-
Step 8: Submit the application with a filing fee.
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Step 9: Enforce your trademark.
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Step 10: Decide if you need a copyright.
-
Step 11: File a claim to copyright.
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Step 12: Wait for notification.
Detailed Guide
You must determine whether your name, or "mark," is considered strong by the standards of the United States Patent and Trademark Office (USPTO).
To be strong, a mark must have a meaning that uniquely represents your product or services and could not be confused with someone else's.
The UPSTO divides marks into four different categories, from strongest to weakest, and only the strongest have a chance of getting trademarked.
Here are the categories:
Fanciful and arbitrary.
This is the strongest type of mark, since it's so unique that there's not a good chance that someone else would independently think up the same mark and start using it.
For example, naming a dog food company "Charcoal" would be arbitrary; naming it "Rovalicious" would be fanciful.
Suggestive.
This is a type of mark that hints at a certain service or product without overtly describing it.
For example, naming a t-shirt company "Cotton Candy" would be suggestive.
Descriptive.
This is considered a weak category, since it's obvious enough that other people could easily come up with the same name.
For example, calling a copy service "Fred's Copy Service" is too descriptive, and you wouldn't be able to trademark it.
Generic.
This is the weakest category, since generic names are widespread and common, and there would be no way to enforce a trademark protection.
For example, naming an ice cream company "Ice Creams and Cakes" is too generic.
If you're pretty sure your name falls into a strong category, you need to make sure no one else has already thought of it.
If they have, you won't be able to get a trademark.
Start by thinking up search terms related to your name.
You'll want to search the exact name as well as names that are pretty close to your name to make extra sure no one has thought of anything like it. , First, just use Google to find out quickly whether the name is already taken.
Take special note of results that are similar to your name, even if they aren't identical.
Note the type of product that's associated with similar names.
If you see your name pop up, you'll need to come up with a new one if you want to trademark it. , You need to search the USPTO's record of registered trademarks to make sure the name isn't already taken.
Go to the USPTO website, click on the TESS search page, and search for your name. , After you've finished the preliminary research, things can get a little tricky.
The laws and regulations are numerous and you may want an attorney to assist you with your application.
You'll be able to find out whether your name has a good chance of getting trademarked, and the attorney can help you navigate the paperwork involved with the application.
Make sure you work with an attorney who has experience in this particular area.
Look online or ask for a referral in order to find a trademark attorney.
An attorney can be useful whether you believe your name to be unique or not.
Your chances of getting your name trademarked is higher if you show that your research was thorough, and that's easier to do with the help of an attorney. , The easiest way to get an application is to visit the USPTO website and download a PDF version.
You can either send the application to the USPTO by mail or fill it out and submit it electronically.
You can also obtain the necessary forms by calling the USPTO and having them send you copies., Follow the instructions outlined on the USPTO website to fill out the Initial Application Form.
You'll provide your name, address, a rendering of the trademark, and what type of product or service you're using it for.
Make sure you attach all requested documents.
If you also want to trademark the appearance of your logo, be sure to include an illustration. , The filing fee differs depending on how you file, but it will be either $275 or $375.
Submit the application using the USPTO website or send it by mail and begin the process.
After you submit the application, you'll wait several months for the review process to occur.
The USPTO will send you a notice when action has been taken on your application.
The USPTO will contact you if there are any errors in your application, and you should respond promptly to all correspondence. , Do not use a trademark symbol (™) until your trademark has been registered and approved by the USPTO.
Once your trademark is approved, it's up to you to enforce it.
The USPTO won't be tracking whether other people try to use it.
If you see someone using it, you're responsible for taking legal action to enforce your mark.
To take action against someone using the same or similar mark, start by sending a "cease and desist letter." Within the letter, inform the other party that they are using a protected trademark and that if they do not stop using the mark you will bring a lawsuit against them.
If they continue to use the mark despite your letter, you can sue them in state or federal court to stop the improper use.Ask an intellectual property attorney if you have nay questions about filing a lawsuit. , As mentioned above, copyright laws apply specifically to works created, not names.
If you have a book, play, poem, song, or another artistic piece, you can have it copyrighted.
The purpose of copyright registration is to verify the validity and true authorship of a work or body of work.
This legal step protects against illegal infringement.
Although you do not need to register in order to have a copyright, a registered copyright provides legal protection and enters your work into the public record.
You are not able to file an infringement suit in court if you don’t have a registered copyright. , The process involves three actions, all of which can be done online or in person.
In this case you'll be working with the US Copyright Office, not the USPTO.
Complete an application form with the U.S.
Copyright OfficeSubmit a nonrefundable filing fee Supply a copy of your work to the Copyright Office , Whether or not you file for a copyright on paper or online, you will eventually be contacted by the Copyright Office in some form or another.
For example, a staff member will contact you if more information is needed, or if your application cannot be accepted.
If your application is accepted, you will eventually receive a certificate of registration.
About the Author
Carolyn Kennedy
Creates helpful guides on pet care to inspire and educate readers.
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