How Do I Copyright a Business Name in Pennsylvania?
Business names cannot be copyrighted, in accordance with the 1976 Copyright Act; however, business names may be trademarked and registered as fictitious names in the state of Pennsylvania. A trademark registers a business name or slogan with the Department of State, allowing the holder to file a lawsuit should another entity attempt to use the name. Registration of a fictitious name is required if the business name differs at all from the business owner's legal name.
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Instructions
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Registering a Fictitious Name
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Contact the Pennsylvania Corporations Bureau by calling 717-787-1057 between 8 a.m. and 4:45 p.m. to make sure your business's name is not already registered. Do an Internet search to ensure that it is not in use, even if it is not registered.
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Fill out the Application for Registration of Fictitious Name form. You will need the business's name, address, a brief description of the business and the addresses of any interested parties. There is a $70 fee, as of August 2010. Submit the form and the fee to the Corporations Bureau at:
Department of State
Corporation Bureau
P.O. Box 8722
Harrisburg, PA 17105-8722 -
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Advertise that you plan to register the business name. This must be done by purchasing an advertisement in a newspaper circulated in the county where your business is or will be located.
Registering a Trademark
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Contact the Pennsylvania Corporations Bureau by calling 717-787-1057 between 8 a.m. and 4:45 p.m. to make sure your business's name is not already trademarked. Do an Internet search to ensure that it is not in use, even if it is not registered as a trademark.
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Fill out the Application for Registration of Mark form. You will need the business address; a brief statement with the name and description; a copy of the mark, if it is a logo; a listing of the services provided by the business; and the dates when the name was first used in the state of Pennsylvania or anywhere else. There is a $50 fee, as of August 2010. Submit the form along with the fee to:
Department of State
Corporation Bureau
P.O. Box 8722
Harrisburg, PA 17105-8722 -
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Add the trademark symbol, TM, to your business name on any advertising or promotional materials.
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Tips & Warnings
Check the instructions for the application forms for examples of how to describe your business and the services it provides.
Registration of either a fictitious name or trademark does not provide any legal benefit other than the right to maintain a lawsuit should someone else attempt to use your name.
Trademarks are valid for five years after registration. Renewal applications must be submitted within six months of expiration.
The registered trademark symbol, or (R), may only be used when a trademark is registered at the federal level.
References
Resources
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