How can I legally own a word which I made up?

Question

Would I copyright it, register it as a trademark or something else that I don't know about?

It's my Yahoo! Answers nickname. Other people around the internet are starting to use it and I'd like to own it so I can use it as a pseudonym on published articles.

And yes, I'm positive it's not in any dictionary (at least as a compound word).

Answer 1

I am afraid the other respondent (jtucker...) is completely wrong, apparently knowing just enough to be dangerous by offering incorrect advice on legal matters.

Creative writing can be copyrighted. Even slogans or other very short writings have been deemed unprotectible by copyright by the courts, because the degree of creativity in them is so small and the likelihood of true originality is minimal. Your one-word wonder could technically be copyrighted, but you have about zero chance of enforcing the copyright. You should save the $35 filing fee.

Trademarks are only valid if used to designate the origin of a product or service that is currently available on the market. A personality won't suffice. Therefore, even if you were willing to spend the hundreds of dollars to register your trademark federally, you would probably find yourself unable to complete the process, because it requires you to identify the product or service you are describing with the mark. It sounds like you've got very little here that would be really enforceably yours -- at least so far, since we should all hope good things for you. Once you've started doing something more, then the way you identify yourself might begin to develop some value.

Check out some legal information websites like findlaw.com for questions like these. It's shocking how wrong some of the answers you see on this site sometimes are.

Answer 2

You would register it as a trademark.

And then you would hire people to watch to make sure it wasn't being used without your permission. And sue (or threaten to sue) every single person who used it without your permission.

You could also copyright it as a work of art.

But, you still have to defend it or it becomes "public domain."


Additional comment:

Every original work is automatically "copyrighted," but only in the context or forum it was used. In order to legally protect an original work, it must be registered with the US Copyright Office.

http://www.copyright.gov/

Trademarks are registered here:

http://www.uspto.gov/


Response:

It is highly unlikely you will be granted a trademark or copyright for that purpose.

"Windows" is a trademark and copyrighted, but only as it relates to similar software. It does not prohibit people from calling the windows in their home windows, or calling themselves windows.

Additional response:

What is a trademark or service mark?

"A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others."

Source: http://www.uspto.gov/web/offices/tac/doc/basic/trade_defin.htm

A trademark has nothing to do with value.

Answer 3

If you owned it legally, you'd have to copyright it. And if you copyrighted it, each time someone used your word, they'd have to pay you for it, so no one would ever use your word.

Answer 4

it depends whats the word?? (i wont take it i dont even know where to go to copywrite it or whatever)


and the answer is trademark it

Answer 5

Hmmmmmmmmmmm. are you sure websters dont have it already and check out that site maybe they have create a words? Go to www.ask.com. Good Luck .

Answer 6

I think it's trademark. Look it up. You might try the govt. website.

Answer 7

Probably, if you can copyright it. Patents are for inventions.