How do you find out if a name is copyrighted or trademarked?
You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)’s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.
Can you use a name that’s copyrighted?
Copyright does not protect names, titles, slogans, or short phrases. However, copyright protection may be available for logo artwork that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark.
Are brand names copyrighted?
Can you copyright a brand name? No. Copyright doesn’t protect brand names.
Are names trademarked?
Trademark law protects names, logos and other “marks” that are used in commerce. But if—like most people—you only use your name for personal purposes, you can’t register it as a trademark. In addition, you can’t trademark your name if it is likely to be confused with other registered trademarks.
How do you check if a name is taken for a business?
In most states, the website of the state business filing agency includes an online entity name check tool. You can use the online tool to search business names and find out whether another business is already using the name you have chosen.
Can you trademark someone’s name?
It is not illegal for the U.S. Patent and Trademark Office to register a person’s name as part of a trademark, but it only grants this level of protection to names that are widely used in commerce or are unique. Trademarks are granted to protect established brand names from inferior competition.
What can be trademarked?
A phrase, word, symbol, device, or even a color are all eligible for a trademark. Anything that distinguishes the goods of your party or company from another qualifies. However, the item must be used in a commercial setting to obtain protection from the law.
How do you trademark a name?
Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.