Can I place a patent/copyright or something on a name for a business?

Question

I am starting a business, the name I chose is very unique. I feel it could be the next fortune 500 company even though it starts out way lil with me as the owner operator. At a later date I want to be able to sell the name or franchises of it. howcan i legally protect my business nameand perhaps get paid if others choseto use the same name thanks all

Answer 1

Trademark. There is a government website that has full details on everything involved. http://ftp.uspto.gov/smallbusiness/trademarks/

Answer 2

That's definitely a trademark. Here's some quick definitions of all three branches of intellectual property:

Copyrights can be obtained for things of an artistic nature. This includes, of course, poetry, films, sculptures, music, fiction, etc. But can also include things that may not necessarily seem "artistic" in the general sense of the word. Copyrights can also be obtained for advertising copy, games, software programs and blueprints, to name just a few.

To protect an original invention OR a significant improvement to an existing product, a patent would be filed. Here's the USPTO's definition: http://www.uspto.gov/web/offices/pac/doc/general/index.html#patent

Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry.

Of course, it's necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party.

This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.

I posted some links where you can do further reading. Hope that helps! I wish you much success & happiness in all your ventures!

Answer 3

What you're looking for is trademark protection. (It's pretty darned close to copyright and patent, though, so your instincts were good.)

Trademarks are kinda tricky, and you'll want to make sure you get your registration done exactly right. The registration fee is $350 minimum, so it's expensive to fumble around with it. There is no substitute for going to see a licensed attorney in your community who specializes in trademark law. It's not like you're going to trial or anything, so it shouldn't be all that expensive. Attorneys who do copyright or patent law (or intellectual property law generally) should be able to help you out. If you want help finding a reputable attorney, your local or state bar association probably runs a free referral service.

(Contrary to suggestions by other respondents: uniqueness is not required for a trademark, only that it correctly designates the source of particular goods or services; state trademark law is basically irrelevant practically speaking, provided that you pursue a federal trademark registration, because the states can only add to your rights in this respect, not take away from them.)

Good luck and much success!

Answer 4

Yes you can claim copyright, without registering with the copyright office. It's just that the copyright office provides a proper accrediting to make it easier should legal matters arise. It's easy and inexpensive to get a copyright.

Regarding patents, no you can not patent a name, you can register a trademark with the patent office or again claim it without registering the TM on marks mean that they are unregistered with the patent office or are pending ® means that it's registered.

Some other suggestions, register the domain names, all of them that you can,and obvious variations.

You can start without any of this official documentation, but it's a better idea to do it as, again, it provides exact, registered dates regarding your proprietary names or trademarks.

Good luck with your business.

Answer 5

A copyright is for written or published works.... A patent if for an invention that involves unique principles. What you want, as stated earlier, is a trademark. That makes it yours.

Of course you want to incorporate. Consider an S corp to start, but check on conversion.

Answer 6

You can trademark the business name if it's truly unique.

Make it a point to put the notation ™ after the name for now, and have your lawyer draw up a trademark for you.

Answer 7

What you are looking for is a trademark. Essentially it is a copyright of a name. Patents are about ideas, not phrases.

Here is a website that might help you:

Answer 8

You can't really patent a business name but you will want to apply for what is called "a fictitious name" application. It's very inexpensive to do. I do most of my trademark, etc. applications on-line through legalzoom. www.legalzoom.com Check out their website and you will find all the information you need.

Answer 9

there are differnt rules per state on trademarks. I suggest you contact your state board to determine what you need to know. Many states have a link to a website to establish a business I would also suggest you look into creating a LLC it will protect your personal property in case of a law suit

Answer 10

I'm curious to know what the name is. Fortune 500 name?