Copyright protection does not apply to company names, but trade names can be protected with a trademark or service mark. Trademark registration involves a search for similar names and can be established by printing the trademark symbol on packaging or advertising materials. Registration with a government agency is also recommended for legal protection.
One of the first things you should know before trying to protect a company name is that you cannot, in fact, protect a company name. Copyright protection is reserved for artistic creations and works of art such as paintings, written works, music and films. However, you can protect a trade name with a trademark or service mark that you can usually register with your country’s government for greater legal protection. Obtaining a trademark over a trade name is not as straightforward a process as it would be for copyrighting a trade name, but since copyright protection does not apply to such materials, you will typically need to go through this trademark registration process.
Copyright protection is established for a work of art the moment it is created by someone, and that person typically has ownership of the initial copyright. However, since it is not possible to copyright a trade name, protection for the trade name you wish to use is a little more formal and usually involves government registration. One of the first steps in registering a trade name trademark is to perform a trademark search to ensure that a similar business with the same name has not already been registered. You can’t have the same name as a company in the same industry as you, so this research can help you weed out possible names that are ineligible for trademark protection.
Even if you can’t copyright a trade name, you can use a similar process to begin to trademark your trade name. If your company manufactures goods for sale, you can start printing the trademark symbol “” along with your business name on any packaging and related materials for your products. This begins to establish your brand in the public domain and indicates to others that you want to protect the name and keep it unique. On the other hand, if you provide a service rather than produce a product, you can establish an “SM” service mark with your business name when printed on advertising materials.
Typically you will also want to register your business name with a government agency for the primary country where you wish to do business. In the United States, for example, a trademark can be registered with the US Patent and Trademark Office. You’ll need to fill out a number of forms and pay a filing fee, but once your business name is registered, you can use the trademark “®” to indicate ownership of the name.
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