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Copyrights protect original works, but not names or short phrases. Names can be protected by trademarks, which distinguish products and prevent duplication. To apply for a trademark, search for existing trademarks, find an available name, complete the application with personal information and a fee, and wait for approval. Lawyers can assist with the process.
A copyright is a protection granted under governmental law. It is awarded to authors of original published and unpublished works and includes literature, music and art. However, one cannot actually copyright a name, since copyrights are not issued for the protection of names or short phrases. In many cases, these come under the protection of trademarks, which are also issued by the government. Someone wanting to get a name protected would need to get a trademark instead, which typically involves searching for existing trademarks with the respective government office and then completing an application.
A trademark is a word, phrase, symbol or design — or a combination thereof — that distinguishes the origin of one product from that of another. Protecting a name means preventing its duplication by another entity. Trademarks, copyrights and patents differ from each other in what they protect. For example, a patent protects an invention.
Someone who wants to protect a name must actually apply for a trademark. Copyrights are only for the protection of intellectual works. The first step in applying for a trademark requires a person to search a database of existing trademark names and previous pending applications. In the United States, for example, the database is called the Trademark Electronic Search System (TESS). Searching the respective government database ensures that a trademark application is not denied due to name duplication or confusion.
If the name in question is already registered with a government trademark office, an available trade name must be determined. The government patent database can be used as a guide for new names or to change the original name slightly. To register a name, a person must have a valid word or phrase not previously registered.
The trademark application must be completed after finding an acceptable name. This form is commonly available online at the respective government office and can be submitted electronically. People in England, for example, submit their applications to the UK Intellectual Property Office. Similarly, applications in Canada are returned to the Canadian Intellectual Property Office and in the United States applications go to the United States Patent and Trademark Office. Most countries have similar government offices that process trademark applications.
While an attorney is not required to register a name, some people may choose such representation. Lawyers are often familiar with copyright and trademark laws and can therefore guide clients. In Mexico, for example, lawyers handle the name search and also complete the necessary paperwork.
Trademark applications usually require the applicant’s name, mailing address, a clear arrangement of the name to be registered, a list of the goods and services to be supplied, and an application fee. The rate can vary with each government agency and is usually listed on their respective website. Some offices, such as the United States Patent and Trademark Office, will return trademark applications if they lack the specified requirements.
Once filed, an examining attorney or government agency reviews the trademark application to make sure it meets the minimum filing requirements. Following this step, applications are evaluated for compliance with all applicable rules. A letter is often sent to the applicant if a name cannot be registered as a trademark. At that time, people normally have the option to resubmit applications with the recommended changes. If no objections are made to the registration, or if an applicant overcomes the previous objections, the name will be approved for trademark registration.
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