Sunday, June 25, 2006

Can you copyright, or trademark a made up word, or name? -

Is there a way to keep other businesses from stealing your made up word/name through a copyright or another legal document?If so, would it keep people from using it as a company name, product name, etc. or just a specific type. Such as, if I copy right this as the name of my soon to be corporation would people be able to use this name for their product if I have not for the product type, or product in general?

You wouldn t copyright it. 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!

You re welcome! If I can answer any other trademark questions for you, please let me know. Best of luck to you! Report Abuse

You can trademark a name for a common item (like Zippo for lighters) or you can copy-write a book, essay or artwork - all you have to do is go to your printer and ask him to put the letter c inside a circle and put in your piece - usually as a small printed line at the bottom of the page. There is no other formal way to copy-write. The way you protect your copy-write, is to take a copy of your published work, and put it in a envelop and seal it very well, then send it to yourself - this will prove (by date of mailed piece) that you thought of this first, and that you can prove in a court of law, should someone actually steal your printed plans/ideas/corporation paperwork, what ever. A long time ago, I was working for this fellow, and he decided to print up a coupon type flyer and he named it The good life - about 6 months into production, he received a letter from an attorney, who informed him that he would have to stop using that title for his coupon flyer - as it was being used in a real newsletter, and if he continued - he would be sued for any profits for as long as he insisted on producing the flyer.

You can try. The guys name eludes me right now but the coach of one of the college basketball teams tried to copy-write the term threepete

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