How do I copyright a name, title, slogan or logo?
Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information. However, copyright protection may be available for logo artwork that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark.
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Registering a Trademark
You can establish rights in a mark based on legitimate use of the mark. However, owning a Federal trademark registration on the Principal Register provides several advantages, including the following:
Constructive notice to the public of the registrant's claim of ownership of the mark;
A legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;
The ability to bring an action concerning the mark in Federal court;
The use of the U.S. registration as a basis to obtain registration in foreign countries; and
The ability to file the U.S. registration with U.S. Customs and Border Protection to prevent importation of infringing foreign goods.
Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the Federal registration symbol "®" only after the USPTO actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the Federal trademark registration.
Starting the Process
Step 1: Is your product eligible for a trademark?
Most U.S. applicants base their application on their current use of the mark in commerce, or their intent to use their mark in commerce in the future. What is "use in commerce"? For the purpose of obtaining Federal registration, "commerce" means all commerce that the U.S. Congress may lawfully regulate; for example, interstate commerce or commerce between the U.S. and another country. "Use in commerce" must be a bona fide use of the mark in the ordinary course of trade, and not use simply made to reserve rights in the mark.
Generally, acceptable use is as follows:
For goods: the mark must appear on the goods, the container for the goods, or displays associated with the goods, and the goods must be sold or transported in commerce.
For services: the mark must be used or displayed in the sale or advertising of the services, and the services must be rendered in commerce.
If you have already started using the mark in commerce, you may file based on that use. A "use" based application must include a sworn statement (usually in the form of a declaration) that the mark is in use in commerce, listing the date of first use of the mark anywhere and the date of first use of the mark in commerce. A properly worded declaration is included in the USPTO standard application form. The applicant or a person authorized to sign on behalf of the applicant must sign the statement. The application should include a specimen showing use of the mark in commerce.
Step 2: Conduct a trademark search
The next step is to search our database, before filing your application, to determine whether anyone is already claiming trademark rights in a particular mark. You may conduct a search online for free via our TESS (Trademark Electronic Search System) database. If your mark includes a design element, you will need to search it by using a design code. To locate the proper design code(s), please consult the Design Search Code Manual.
Registering a Trademark
You may file your trademark application online using TEAS - the Trademark Electronic Application System. TEAS allows you to fill out an application form and check it for completeness, and then submit the application directly to the USPTO over the Internet. You can pay by credit card, through an existing USPTO deposit account, or via electronic funds transfer.
You may also contact the Trademark Assistance Center for a hard copy of the Basic Facts brochure, or a paper form. Paper forms are not processed as quickly as those submitted electronically, however.
Registering a Trademark Overseas
Federal registration is not valid outside the United States. However, if you are a qualified owner of a trademark application pending before the USPTO, or of a registration issued by the USPTO, you may seek registration in any of the countries that have joined the Madrid Protocol by filing a single application, called an "international application," with the International Bureau of the World Property Intellectual Organization, through the USPTO. For more information about the Madrid Protocol, click here.
Also, certain countries recognize a United States registration as a basis for filing an application to register a mark in those countries under international treaties. See TMEP Chapter 1000 for further information. The laws of each country regarding registration must be consulted.
2007-01-29 16:16:19
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answer #1
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answered by msu_milk_chocolate 3
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You can't copyright a name of a company, but you can trademark it which is probably what you want. The first step it to file a fictitous name to establish yourself. Then incorporate and file the name with your state Department of State. (Florida, that is, it may be different where you live.
To do a Trademark, you have to do a trademark search. You can hire a lawyer for this and they can take it from there. Good Luck.
2007-01-30 00:16:33
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answer #2
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answered by Mikey the Man 2
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requrest a few duplicaate copywfrite forms from the dept. in washington dc and get it all filled out and include some swag to get it approved. they incflude instructions . come to think of it last time i did that the web wasn't this developed. probably can get all on web (don't you dare ask me to do that for you you scoundral). same deal. fill out form insert some jack and mail. they take their time getting it approved. takes time. better get on it. you can use the name until or if they rejedt it. then you gotta make a new plan. good idea is to have two three closely related versions so it won't cost much to repaint or whatever.
2007-01-30 00:18:00
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answer #3
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answered by Anonymous
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What you're asking about is a TRADEMARK, not a copyright. You can't copyright a name. But you may be able to get a trademark for it. You need to hire a patent and trademark lawyer.
2007-01-30 11:24:07
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answer #4
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answered by Anonymous
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I don't believe you can get a copyright. I think a name would be a trademark.
Goggle for copyright and trademarks and pick the one that has .gov at the end of it.
2007-01-30 00:29:56
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answer #5
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answered by Aliz 6
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I don't think you can.
I've been told that you can't own
a name or a word unless you
are actively making money off
that name or title.
I believe that's part of the copyright
laws.
It would be best to double check with
a lawyer.
2007-01-30 00:22:35
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answer #6
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answered by kyle.keyes 6
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talk to a lawyer,, you he can walk you through the steps ,, many times the name may be taken already they know the necessary steps to find out ' and then take you to the next step!
2007-01-30 00:16:04
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answer #7
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answered by Anonymous
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http://www.copyright.gov/
2007-01-30 00:14:26
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answer #8
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answered by Bunger 2
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