A name, logo, or slogan that is used in commerce to identify a certain good or service is protected by law as a trademark. It prevents others from using a mark that is similar to the owner’s and could lead to confusion in the marketplace. It also grants the owner the only right to use the mark. Trademarks can be registered with the USPTO and have a ten-year initial validity period with the possibility of renewal.
Contrarily, copyright is a form of legal protection for original works of authorship, such as works of art, music, and literature. Among them are items like music, images, photos, and graphic designs. The sole authority to reproduce, distribute, and display a work is granted to the holder of a copyright. Upon creation, copyrights are automatically awarded and are valid for the author’s lifetime plus an additional 70 years.
It’s crucial to perform a trademark check before choosing a name for your company to make sure the name is not already in use. By using online resources such as the USPTO’s trademark database search, you can accomplish this. If the name is already registered, you might have to pick another name or think about changing the spelling or punctuation to distinguish your mark. Can I Trademark a Phrase That Has Already Been Used?
It could be challenging to trademark a phrase that is already in use. However, it can still be possible to trademark the phrase if it is being used for a different product or business than yours. Additionally, it would be feasible to trademark the word as having a secondary meaning if it has come to represent your business and is frequently used in your marketing. Can I Trademark a Name That Is Similar to, But Not Exactly, Another Name?
The degree of similarity between the marks and the possibility of consumer confusion in the marketplace determine the answer to this issue. Your trademark application can be denied if the names are too similar and could lead to consumer confusion. However, it would be possible to register two marks if the names are only marginally similar and are utilized for different goods or services.
Unable to copyright a name. Only original works of writing are covered by copyright laws. A logo or other artistic representation of your company name, however, may be covered by copyright.
To sum up, trademarking and copyrighting are two distinct legal safeguards with distinct functions. When used in commerce, names, logos, and slogans are protected by trademarks, whereas original works of writing are protected by copyrights. Make sure the name you’ve chosen for your company hasn’t already been used by performing a trademark search. It is essential to seek legal advice if you have any queries or concerns about trademarking or copyrighting your company name.