Obtaining Copyrights, etc

[Tainted Glory]

This question goes out to anyone in the business. Do you guys have your business names copyrighted? I came up with a great name and want to get my hands on it before someone snatches it up. Should I just buy the domain name and be done with it? Or would the whole copyright-path be best?

This is all new to me. Out of curiousity, what are the costs and procedures involved with obtaining a copyright?

[Nate]

a trademark is probably what you're after.

My knowledge is limited...so I'll let the more experienced handle this one

[Freakie_frog]

It cost 59 dollars to apply and you'll want someone to help you with it cause of everything that had to be covered with a web site. As for the business name registering it does keep people from using it else where for other things

[cassandra]

There's a big difference between the "circle R" registered trademark and "TM" trademark. You'll want TM...circle R is stupid money.

[ladywhipple02]

I've been doing some research with this lately, as well... eventually want to start up my own biz again.


In any case, I know for Indiana you can register your business through the Secretary of State---though you don't have to if it's a sole proprietorship (one person buying and selling themselves). That would be different state to state, so you'll have to check that out with your SoS.

As for getting a trademark... this seems a lot more complicated. I actually got on to the US Patent and Trademark Office and did some reading on this. Apparently, you can use a mark (your company name and symbol, etc) with an SM or TM by it without actually registering it. However, if someone comes along and does go through the process of trademarking it, you'll have yourself a court battle on your hands to keep it. They recommend you talk to a patent lawyer about getting a trademark... you also need to make sure that no one has used a mark or symbol or name near what you're using. They have a whole database you can look up.

I'm planning on getting in touch with my uncle (he's a patent lawyer) and ask some more questions when I get closer to doing this.

I'm sure there's some people out there in this forum that have actually gone through the process...

[Freakie_frog]

There's a big difference between the "circle R" registered trademark and "TM" trademark. You'll want TM...circle R is stupid money.

Correct me if I'm worng but a trademark only covers logos and coined phrases. Where as a copyright covers, Photos, written material, artwork both digital and physical, heres a good site to help.

http://www.legalzoom.com/law_library...ersus_cpy.html

http://www.copyright.gov/circs/circ1.html

http://www.uspto.gov/go/tac/doc/basic/

[shhhli]

i know this thread is a bit old, but correct me if i am wrong, the ® is like.. When my employer sells say a shirt that says Auburn University they put that symbol to mean that royalties have been paid to use that trademark.

to purchase the ® would be kinda.. well.. i dont think it would be possible for you to use it. unless you just really want to tell everyone that you've paid yourself the royalties to use your own brand. ^^

[ladywhipple02]

The (r) just means that the mark has been registered with the government.

[lord jackel]

I deal with this at work all the time and it is very complex but here is a simple overview


Copyright = ownership of original works (these can be writings, photos, artwork, etc.) You can simply put a (c) by your work and note you own it and for the most part it will suffice but it will take more proof if you decide to sue someone over using it. You can also register the work (C) in which case it is recorded that you did indeed create it - makes it easier to sue someone

TradeMark (TM) - is an unregistered logo or "mark" that distinguishes your logo or company from others. This is a simple note that says you have created this mark to represent your business. To protect it you must register it (R)

Registered TradeMark - is a legal government registration that says you own the rights to use the mark in certain industries. For example "rca" is not a trademark but "RCA" with the red or black block letters (like you see on TV's) is.

Most companies will register their main name and trademark any additional names (for example Sony (R) Viao(TM) ) this is a cheap way of getting around having to register every mark you use.

Trademarks registered or not are only as good as to how willing you are to protect it. If you don't go after every single person/business that uses it without your permission then your claim to it will be lost.

As for words of the business name in most cases there is no way to protect them (unless you created the word) your best bet to protect the name is to register the domain (and have a website that supports it). Most people won't want to steal your name unless they can profit from it by having a website so just beat them to it.