One of the most important decisions when beginning a new business is choosing a name. It is the main way that customers may recognize the firm and has a big impact on how they perceive it. As a result, business owners frequently ponder if they may copyright their company name in order to prevent infringement. The solution is more complicated than a simple yes or no.
A company name cannot be subject to copyright protection, according to the United States Patent and Trademark Office (USPTO). Only original works of authorship, such as books, music, and works of art, are covered by copyright law. A company name, however, may be protected under trademark law. Trademarks are used to safeguard distinctive names, logos, and phrases connected to a specific brand.
A company name needs to be unique rather than generic or descriptive in order to qualify for trademark protection. A name that just describes the commodity or service being offered is referred to as generic or descriptive and cannot be legally protected. A company selling apples, for instance, cannot trademark the name “Apple Store” because it is too general and does not set the brand apart from other apple vendors.
However, a name that is different and special may be safeguarded by trademark law. For instance, the word “Google” is a made-up term with no English-language meaning. It can be trademarked because it has a unique name.
While it may be tempting, it is not always a good idea to name your company after yourself. This is due, in part, to the possibility of your capacity for growth. It could be difficult to distinguish oneself from the brand if your company name is also your given name. Customers might only associate the company with you as a result, making it challenging to grow the firm and hire staff.
Furthermore, if you name your company after yourself, it may be more difficult to sell it in the future. If the firm is named after you, potential purchasers could be hesitant to buy it because they might think the name is too closely associated with you personally.
In conclusion, a company name can be protected under trademark law even when it cannot be protected under copyright. To ensure that their business name can be legally protected, business owners should pick a unique name that is neither generic nor descriptive. The importance of selecting a name that can stand on its own is underscored by the fact that naming a company after oneself may restrict development possibilities and eventual sale possibility.