How to Copyright a Company Name

There’s frequent confusion between trademarking and copyrighting, leading many people to ask how to copyright their company name.

Only a registered trademark can protect a business name. Copyright protects the original creative expression contained within a work of authorship, such as a book or movie. Likewise, you cannot “patent a name,” as patents protect ideas rather than brands.

Trademark qualification score

A good first step to protecting your brand name is to assess your eligibility before using any registration service. The free Trademark Application Qualification System (TAQS) is a fast way to gain clarity on your approval likelihood, cost and timelines, and application suggestions. After answering several multiple-choice questions, a score and report are generated for you.

A score above 80% suggests your prospects are generally good for securing and maintaining a strong U.S. registered trademark, and the trademark is suitable for your business goals.

While this is a free non-legal assessment, checking your trademark score in advance of application may mitigate rejection risk. Your report can indicate application weaknesses and provide improvement suggestions to strengthen your filing with a qualified attorney.

Risks of trademark rejection

Over 60 percent of US trademark applications are rejected, so the risk is worth considering. A major cause of rejection is when a brand (or the specific usage of a brand) was not eligible for trademark protection to begin with. Rejection can happen for several other reasons, and you would typically lose your application and attorney fees.

A rushed application can also result in a weak trademark filing. This raises the possibility of a formal objection by another party holding a similar brand mark. The objection can block your application, or create an expensive legal conflict years later.

The best ways to apply for a U.S. trademark

If you’re willing to learn the process and accept the risks, then self-filing (if you are a U.S. citizen) is an option. Please be aware there is a significant chance of making a technical or strategic application error on your initial or supplementary filings if you are not experienced.

You may also consider online filing services, which are inexpensive ($400 to $1000 plus government fees), but may not conduct eligibility checks, and typically charge extra fees if additional actions are required.

If your trademark is important to you then a sensible approach is first conducting a quick pre-qualification assessment, and then having a trademark attorney manage your filing, or seeking the help of an experienced paralegal. An attorney can reply to requests by the USPTO examiners (called “office actions”), and guide you through any objections or complications that may arise.

Reduced cost filing option

Entrepreneurs and small business owners often prefer a lower-cost filing option and are willing to be somewhat more “hands-on” with their application.

It’s possible for US citizens to self-file for a US trademark with the help of an experienced trademark paralegal, rather than hiring an attorney to manage the process. This provides a detailed trademark search performed by an expert, which is essential for deciding whether to proceed with filing and if any adjustments may be necessary to avoid rejection.

Keep in mind that any filing method has a minimum cost of $250 due to government filing fees, and that government fees could be in the $1000 range for broad-ranging marks spanning multiple classes.

DirectFile is one reduced-cost (assisted self-filing) program that also provides a refund guarantee. Low-cost registration services have proliferated in the past decade, so check what they include carefully. The cheapest options typically do not including expert search, consultation, or filing support.

How long does TM application take?

The initial examination wait time (“first action”) is currently around 8.5 months, and the entire process takes about 14.6 months if there are no significant complications (source: USPTO). Approval delays are more common when applicants have not adequately prepared documentation of their brand usage and related documentation.

Trademarks encourage innovation and ethical business practices in the U.S. They’re a foundation of commerce and they protect consumers by enabling business to invest in building reputations for quality.

Only by registering your trademark can you use the “®” with your brand—signaling to consumers and competitors that your brand is valuable and is protected by the federal government.

Trademark and copyright are two distinct forms of intellectual property protection in the United States, each serving a unique purpose and safeguarding different aspects of creative work or brand identity. Understanding the differences between them is crucial for creators and business owners in order to ensure the appropriate protection of their assets.

Trademark protection, governed by the United States Patent and Trademark Office (USPTO), primarily safeguards brand names, logos, and slogans associated with goods and services. By registering a trademark, the owner obtains the exclusive right to use the mark in connection with their goods or services, preventing others from using a similar mark that could cause confusion among consumers. Trademarks are essential in preserving brand identity and establishing a recognizable presence in the marketplace. Trademark protection can last indefinitely, provided the owner continues to use the mark in commerce and periodically renews the registration.

Copyright, on the other hand, is governed by the United States Copyright Office and protects original works of authorship, including literary, dramatic, musical, artistic, and other intellectual works. Examples of copyrightable works include books, articles, music, movies, paintings, photographs, and software. The primary goal of copyright protection is to incentivize creativity by granting creators exclusive rights to reproduce, distribute, perform, display, and create derivative works based on their original creations. In general, copyright protection lasts for the life of the author plus 70 years, although terms may vary depending on factors such as the type of work and the manner of authorship.

It is important to note that while trademarks and copyrights provide separate forms of protection, they may coexist within a single product or service. For example, a company’s logo may be protected both as a trademark (for its brand-identifying function) and as a copyright (for its artistic expression).