Lets say I came up with a name for something for example, if its a shoe convention and I want to copyright the name shoe-con or something, how would I go about doing it? And is it a copy right or a trade mark? Also, how do I check if its already copyrighted/trademarked? THANK YOU!!

All Answers To Questions

I have incorporated names, they are registered at the Secretary of State's office. I do not believe there were any charges. They will do a quick check to see if the name you pick isn't all ready registered.

A name can be neither trademarked nor copyrighted. You can register a "Fictitious business name" with your county, which typically costs $25 - $50. This would be used if you are "John Smith, dba Shoe-Con", and will prevent the 'confusing use' of the same name in your county. (dba is "doing business as"). The other option is set up a corporation, usually done through the offices of your States Secretary of State's office. This can cost anywhere from less than a hundred to several hundred. The corporation, "Shoe-Con, Inc", is then the actual entity that does business. Richard

The name "shoe-con" can be used as a trademark or service mark, giving you instantaneous protection under federal and state laws. However, that protection may be difficult to enforce unless you go ahead and file a trademark or service mark (or both) with the state or in the US Patent and Trademark Office. For instance, you might file registration for "SHOE-CON" word mark, in association with "Organization of seminars, working groups, research groups and conventions, in the field of footwear design" in International Class 04, and for ORGANIZING AND CONDUCTING TRADE SHOWS IN THE FIELD OF FOOTWEAR AND FOOTWEAR ACCESSORIES in IC 035 Filing such a federal registration costs $275 or $325 for each class (i.e., class 41 and class 35) of goods or services, depending upon which online filing form you use. If you file on paper it's $375. State registration may be much faster and less expensive, but not as valuable for national coverage. A good web searching approach should lead you to knowledge about whether a similar brand is already in use in that field. Look for trade journals in that field, search them internally, if possible, for ads and company listings that may be related to your selected name. Go to the USPTO website for trademarks, click on "search trademarks" and choose an option for getting into the database (simple, advanced, etc). Try various combinations of related words and spellings to get a "feel" for what is already registered or pending. If you find anything "similar" in a related field, get advice of an attorney before proceeding.

You wouldn't copyright it. Copyrights can be obtained for things of an artistic nature. This includes, of course, poetry, films, sculptures, music, fiction, etc. But can also include things that may not necessarily seem "artistic" in the general sense of the word. Copyrights can also be obtained for advertising copy, games, software programs and blueprints, to name just a few. To protect a business name within your industry, you would apply for a trademark. Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry. It's necessary to have comprehensive research on the mark done prior to filing to ensure that there is no possibility of infringing upon another party. This entails searches of the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark. To register a trademark, that's done either through your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark. If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct (OR are planning to conduct) business in at least 2 states OR between the US & any other country, you can file for a Federal trademark. Hope that helps! I wish you much success & happiness in all your ventures! http://www.statelocalgov.net/50states-secretary-state.cfm -- Contacting your Secretary of State, a listing of links for all states http://www.uspto.gov – United States Patent & Trademark Office http://www.uspto.gov/main/trademarks.htm -- USPTO's Main Trademark Page