How to Copyright a Name

A copyright does not protect a name. There are only a few instances where a copyright might be applicable to a name. However, if you want to protect a name, you need to file an application to get a trademark, rather than a copyright or patent.

Instructions

Difficulty: Challenging

Things You’ll Need:

• Trademark registration application
• Serial number or registration number for mark or name
• Illustration of mark or logo

1. Visit the US Patent and Trademark Office website to get a better understanding of the use of a trademark versus a copyright, as well as the process of trademarking a name (see Resources below). This will help you realize the differences in the way to protect intellectual property.
2. Search the trademark database to see where there are any other names already registered that conflict with your name. This free service will help you determine whether you will be able to register your name or not.
3. Fill out a trademark application form online, using the Trademark Electronic Application System on the US Patent and Trademark Office's website.
4. Include an illustration of how your name and logo will appear in print. You will need to determine whether you are registering just a name or whether you will be including some sort of design element, such as a picture.
5. Keep track of the serial number that is issued to you, as this will be needed for any future interaction with the US Patent and Trademark Office.
6. Wait 5 to 6 months from filing the application to hear some sort of response in regard to your name. It could take anywhere from 1 year to several years before a final decision is made.
7. Learn more about protecting your domain name with ICANN (see Resources below). This agency has been established specifically for Internet domain name legislation and protection. Domains have become very lucrative, and you do not want someone to resell your property.

Tips & Warnings

• Protect logo art connected to a name through the US Patent & Trademark Office. This protection would relate to the intellectual property associated with the logo.
• Retain a lawyer who is schooled in the area of trademark and copyright matters. It can be confusing and frustrating to register and protect a name.
• File electronically rather than sending the application in the mail. Regular mail takes 2 to 3 weeks, while an electronic filing will result in an immediate serial number.
• Do not file a copyright application to copyright a name, because you will be wasting your time and money. Copyrights focus on intellectual property, while trademarks can protect brand names.