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i have a unique name for a business and i'd like to make sure that no one can use that name----do i just need a regular business license, or do i need a patent or copywright..... or form a corporation,,,,,,,i'm totally lost here---(or just ignorant to the fact)---please help

2007-02-07 03:21:26 · 5 answers · asked by Anonymous in Business & Finance Small Business

5 answers

You wouldn't patent it or copyright it.

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

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 a business name within your industry, you would apply for a trademark.

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.

To register a trademark, that's done either through your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark.

If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct (OR are planning to conduct) business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.

Hope that helps! I wish you much success & happiness in all your ventures!

2007-02-07 08:44:12 · answer #1 · answered by TM Express™ 7 · 0 0

Patents are only for inventions. Names can be trademarked, but only in connection with a specific class of products or services.

To trademark a name and/or a logo, you need to file an application with the U.S. Patent and Trademark Office:

http://www.uspto.gov/

__________

2007-02-07 03:39:47 · answer #2 · answered by NC 7 · 0 0

You need a copywrite or a trademark. A patent is an entirely different thing. Ck US government offices directory to find proper registry.

2007-02-07 03:24:51 · answer #3 · answered by Anonymous · 0 1

You need to register it as a trademark.

Basically this involves doing a search to make sure that nobody else has already registered the name, filling out a form and paying the fee.

2007-02-07 03:25:33 · answer #4 · answered by Anonymous · 0 0

If it is a small business, the best way is to register the business name with the city you are living in. This way, you don't have to worry about anyone else taking it. If you are wanting to expand, then you e to worry more about copywriting it.

2007-02-07 03:50:37 · answer #5 · answered by Anonymous · 0 1

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