
"copyright question" Topic
8 Posts
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05 Aug 2008 8:08 a.m. PST by Editor in Chief Bill
- Changed title from "copywrite question" to "copyright question"
05 Aug 2008 8:08 a.m. PST by Editor in Chief Bill
- Removed from Miscellaneous Discussion board
- Crossposted to The Law board
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| iouliared | 05 Aug 2008 7:52 a.m. PST |
If I wanted to copywrite a name I had for a business, even if I had not even opened it, ( a future dream) how would I do this? Is it costly? Thanks
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| Jana Wang | 05 Aug 2008 8:00 a.m. PST |
I think you want to look at Trademarks, not copyrights. Generally, names and titles cannot be copyright protected. |
Parzival  | 05 Aug 2008 8:07 a.m. PST |
You can't copyright a name. You can, however, trademark it. You'll need to do a trademark search with the U.S. Patent and Trademark Office (or your government's equivalent if you live outside the U.S.). The USPTO is located here: uspto.gov Searches can be done online. Once you have established that no other competing business hold your desired trademark you can submit it, along with a registration fee, to the USPTO. You may then use your business name with the appellation TM next to it. TM means that a trademark has been applied for, though not necessarily granted. Once the USPTO grants the trademark, you may use the symbol ® (the R in the circle) which tells everyone the trademark is yours. You must begin using the mark commercially within a set period, and it must be periodically renewed. |
| Waco Joe | 05 Aug 2008 8:38 a.m. PST |
You will also want to look into your state's laws on doing business under a name other than your own. Usually there is a "Doing Business As" form that needs to be filled. |
| ArchiducCharles | 05 Aug 2008 9:00 a.m. PST |
It depends a lot on the country/state/province. I work as a incorporation/name search agent in Canada and I can tell it's quite a complicated subject. In Canada/Québec, it's the right of usage that counts. Meaning that you must use a name commercially to keep possession of it. There's always the option of incorporating a company under a name, but that is very expensive (around 1000$CA) and, again, you must use the name commercially. I don't know in the states, but the law in Canada has been made to stop people who would like to reserve names without actually using them. So, basically, reserving a name for future use only works if no one uses that name in the meantime. |
| iouliared | 05 Aug 2008 9:46 a.m. PST |
Thanks all, you've been a big help. I will check out the web site. |
| nycjadie | 05 Aug 2008 11:41 a.m. PST |
Note that one need not file a trademark application to garner protection (in the U.S. or Canada). If one wants U.S. federal protection, you will need to demonstrate interstate use of the mark (i.e. use in more than one state). State protection varies but largely requires you to file and submit a form. |
| iouliared | 08 Aug 2008 10:14 a.m. PST |
NYCJADIE- Having something sold on a web site, would that fall under interstate use, because anyone any where can buy it? |
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