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

Read on to learn how to properly protect your business or product name with a registered trademark.

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.

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).

In today’s digital age, protecting your intellectual property has become increasingly important. One crucial aspect of safeguarding your business is ensuring that your company name is legally secured.

A copyright is a legal protection that grants the creator of an original work, such as literary, musical, or artistic productions, the exclusive rights to use and distribute their creation. However, in most jurisdictions, copyright laws do not directly apply to company names. Nonetheless, registering your company name as a trademark can provide similar protection.

The first step in securing your company name is to perform a thorough search to ensure it is not already in use or registered by another entity. This can be done through the United States Patent and Trademark Office (USPTO) or a similar authority in your country. Once you have confirmed that your desired company name is unique, you can proceed with the trademark registration process.

Trademarks grant the owner the exclusive rights to use a specific word, phrase, symbol, or design associated with their goods or services. By registering your company name as a trademark, you can prevent others from using a similar or identical name that could lead to confusion or dilute your brand identity. It is important to note that trademark protection is industry-specific, meaning that it applies only within the same industry or business category.

When it comes to protecting your brand or company name, it is essential to understand the differences between copyrights, trademarks, and patents. While copyrights and trademarks safeguard artistic works and brand identifiers respectively, patents protect inventions and discoveries.

Contrary to popular belief, you cannot patent a name. However, you can secure your brand or company name through trademark registration.

People often confuse the terms patent, trademark, and copyright, as they all relate to intellectual property protection. This confusion may lead some to believe they can patent a business name. Additionally, the distinction between these legal protections is not always straightforward, and the media may occasionally use these terms interchangeably, exacerbating misconceptions.

The misconception that business names can be patented likely stems from the common misunderstanding of the purpose and scope of patents. In reality, a company should register its business name as a trademark to protect it from unauthorized use and imitation.

People often think they can copyright a logo due to the confusion surrounding the different types of intellectual property protection—copyright, trademark, and patent. These terms are sometimes used interchangeably, despite representing distinct legal protections, which can lead to misunderstandings.

However, contrary to popular belief, you cannot copyright a name and logo directly. Instead, you should register them as trademarks to ensure exclusive rights to their use.

Logos are primarily meant to serve as brand identifiers, differentiating a company’s products or services from those of others. Trademarks offer the most suitable protection for logos, as they cover words, phrases, symbols, and designs that identify and distinguish the source of goods or services. Registering a logo as a trademark provides legal protection against unauthorized usage or imitation, which could cause confusion or dilute the brand’s identity.

It’s worth noting that a logo may be eligible for copyright protection if it contains a sufficient level of creativity and artistic expression, but this would only protect the artistic elements of the logo and not its function as a brand identifier. In most cases, registering a logo as a trademark is the more appropriate and effective way to protect a logo and its association with a specific brand or company.

To illustrate what company name trademarks look like, here are some famous examples with interesting facts:

1. Apple: The Apple logo, depicting a bitten apple, was designed in 1977 by Rob Janoff. Interestingly, the bite in the apple was added to differentiate it from a cherry or tomato, not as a play on the word “byte.”
2. Coca-Cola: The Coca-Cola script logo was created by the company’s bookkeeper, Frank M. Robinson, in 1886. He believed that the two Cs would look great in advertising and designed the iconic logo using the Spencerian script.
3. McDonald’s: The McDonald’s Golden Arches were introduced in 1961. They were initially designed to be part of the architecture of the early restaurants and only later became the company’s logo, symbolizing the welcoming and friendly atmosphere.
4. Nike: The Nike “Swoosh” was designed by Carolyn Davidson in 1971 for just $35. The swoosh represents motion and speed, reflecting the spirit of the company’s athletic products.
5. Google: The colorful Google logo was designed to signify the company’s fun and unconventional approach to business. It uses primary colors, but with a twist: the “L” is green, breaking the conventional pattern and signifying innovation.
6. Amazon: The Amazon logo features an arrow from the letter “A” to “Z,” representing the company’s goal to provide a wide range of products, essentially covering everything from A to Z. The arrow also doubles as a smile, symbolizing customer satisfaction.
7. Mercedes-Benz: The Mercedes-Benz logo, a three-pointed star, represents the brand’s mission to produce vehicles for land, sea, and air transportation. The iconic symbol was registered as a trademark in 1909.
8. FedEx: The FedEx logo, designed by Lindon Leader, cleverly hides an arrow between the letters “E” and “x,” symbolizing the company’s forward-thinking approach and commitment to efficient and fast delivery services.
9. Starbucks: The Starbucks logo features a mermaid, or siren, which was inspired by a 16th-century Norse woodcut. The siren was chosen to represent the seductive allure of coffee and the maritime history of Seattle, where Starbucks was founded.
10. Adidas: The Adidas “three stripes” logo was created by the company’s founder, Adolf “Adi” Dassler. The original purpose of the stripes was to provide support and stability to sports shoes. The trefoil and three-bar logos were later introduced to represent the brand’s diversity and ongoing evolution.

The business/company or product name alone is sometimes called a “wordmark.” Here are some famous trademark (wordmark) examples:

1. Disney: The Disney wordmark, featuring Walt Disney’s signature, evokes a sense of magic and imagination. The whimsical design has become iconic, representing the company’s legacy of creativity and family entertainment.
2. Visa: The Visa wordmark, introduced in 1976, originally featured the blue and gold colors to represent the blue sky and golden hills of California, where Bank of America, Visa’s predecessor, was founded.
3. Facebook: The Facebook wordmark uses a custom typeface called “Facebook Letter Faces.” Interestingly, the original name of the platform was “Thefacebook,” but the “The” was dropped in 2005, resulting in the simplified and now universally recognized “Facebook.”
4. eBay: The eBay wordmark has undergone a few changes since its inception. The original logo featured overlapping letters in various colors to signify a sense of community and human touch. In 2012, the company updated its logo to a cleaner, more modern design, while still maintaining its iconic color palette.
5. Netflix: The Netflix wordmark, designed in 2014, uses a custom typeface called “Netflix Sans.” The modern and sleek design represents the company’s evolution from a DVD rental service to a leading global streaming platform.
6. Microsoft: The Microsoft wordmark, updated in 2012, uses the Segoe font, which is widely used in the company’s products and marketing materials. The design is simple and clean, reflecting the company’s focus on clarity and user-friendly technology.
7. Sony: The Sony wordmark, created in 1955, was designed to represent a combination of technology and elegance. The simple, clean, and easily recognizable design has remained largely unchanged over the decades, exemplifying the company’s commitment to quality and innovation in the electronics industry.
8. IBM: The IBM wordmark, designed by Paul Rand in 1956, features distinctive horizontal stripes within the letters. The stripes represent speed and dynamism, reflecting the company’s innovative and forward-thinking nature in the technology sector.
   
9. Tesla: The Tesla wordmark, designed in 2004, features a clean and modern typeface that reflects the company’s focus on sustainable energy and cutting-edge technology. The T-shaped logo is inspired by the cross-sectional view of an electric motor, representing Tesla’s core product.
   
10. LEGO: The LEGO wordmark, with its bright red color and bold, rounded letters, is designed to evoke a sense of fun, creativity, and simplicity. The name “LEGO” is derived from the Danish words “leg godt,” which translates to “play well.”
    

To illustrate what company name trademarks look like, here are some famous examples with interesting facts:

1. Apple: The Apple logo, depicting a bitten apple, was designed in 1977 by Rob Janoff. Interestingly, the bite in the apple was added to differentiate it from a cherry or tomato, not as a play on the word “byte.”
2. Coca-Cola: The Coca-Cola script logo was created by the company’s bookkeeper, Frank M. Robinson, in 1886. He believed that the two Cs would look great in advertising and designed the iconic logo using the Spencerian script.
3. McDonald’s: The McDonald’s Golden Arches were introduced in 1961. They were initially designed to be part of the architecture of the early restaurants and only later became the company’s logo, symbolizing the welcoming and friendly atmosphere.
4. Nike: The Nike “Swoosh” was designed by Carolyn Davidson in 1971 for just $35. The swoosh represents motion and speed, reflecting the spirit of the company’s athletic products.
5. Google: The colorful Google logo was designed to signify the company’s fun and unconventional approach to business. It uses primary colors, but with a twist: the “L” is green, breaking the conventional pattern and signifying innovation.
6. Amazon: The Amazon logo features an arrow from the letter “A” to “Z,” representing the company’s goal to provide a wide range of products, essentially covering everything from A to Z. The arrow also doubles as a smile, symbolizing customer satisfaction.
7. Mercedes-Benz: The Mercedes-Benz logo, a three-pointed star, represents the brand’s mission to produce vehicles for land, sea, and air transportation. The iconic symbol was registered as a trademark in 1909.
8. FedEx: The FedEx logo, designed by Lindon Leader, cleverly hides an arrow between the letters “E” and “x,” symbolizing the company’s forward-thinking approach and commitment to efficient and fast delivery services.
9. Starbucks: The Starbucks logo features a mermaid, or siren, which was inspired by a 16th-century Norse woodcut. The siren was chosen to represent the seductive allure of coffee and the maritime history of Seattle, where Starbucks was founded.
10. Adidas: The Adidas “three stripes” logo was created by the company’s founder, Adolf “Adi” Dassler. The original purpose of the stripes was to provide support and stability to sports shoes. The trefoil and three-bar logos were later introduced to represent the brand’s diversity and ongoing evolution.

Font selection in wordmark design is crucial for creating a unique, recognizable brand identity. The right font conveys a brand’s personality, values, and emotions, establishing an emotional connection with the target audience. Consistent font usage across mediums reinforces the brand’s message, ensuring memorability and fostering customer loyalty.

There’s also an important legal consideration when using fonts in your trademark or wordmark design: using copyrighted fonts without permission in a trademark wordmark can lead to legal disputes and financial penalties due to copyright infringement. This situation may damage a brand’s reputation, diminish consumer trust, and necessitate costly rebranding efforts. It is crucial for businesses to ensure they have the appropriate rights to avoid such issues.

Entrepreneurs and small business owners can take cost-effective initial steps to protect their business and product names.

1. Check your eligibility for a trademark and learn what issues you may encounter using the free trademark potential report.
2. Conduct a Trademark Search: Check if the business name is already in use or registered by searching databases like the USPTO or your country’s relevant authority.
3. Select an experienced trademark attorney (they would assist with the following steps), or consider filing and maintaining the application yourself.
4. Identify the Appropriate Class: Determine the suitable class(es) for your goods and services based on the International Classification of Goods and Services (Nice Classification).
5. Prepare the Trademark Application: Provide the necessary information, including the name to be protected, class(es), description of goods or services, and your personal or company information.
6. Pay the Application Fees: Submit the required fees associated with your trademark application.
7. Submit the Application: File your application with the relevant trademark office, such as the USPTO or the trademark authority in your country.
8. Monitor the Application: Keep track of your application’s progress and address any issues that arise during the examination process.
9. Respond to Office Actions: If required, provide additional information or clarifications to the examining attorney to resolve any issues with your application.
10. Registration Approval: Once approved, your trademark will be registered, granting you exclusive rights to use the business name in your specified class(es).