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"copyright question" Topic


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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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Comments or corrections?

iouliared05 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….

Jana Wang05 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.

Personal logo Parzival Supporting Member of TMP05 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 Joe05 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.

ArchiducCharles05 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.

iouliared05 Aug 2008 9:46 a.m. PST

Thanks all, you've been a big help. I will check out the web site.

nycjadie05 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.

iouliared08 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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