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Is it possible to copyright a name and, if so, how do you go about obtaining this copyright?
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I want to create a company under my name but I wasn't sure if it was much different to copyright this as opposed to a regular copyright.
All Answers To QuestionsAnswer 1
This would fall under "trademark" rather than copyright.
Visit this site: http://www.uspto.gov/
and click on the "trademark" link. Answer 2
You can trade mark a name.
Many major corporations are that way.
Think soft drinks and computer companies for example.
No one may use their company name, or product name for any purpose other than that of the company function. Answer 3
You are thinking of a trademark, and generally, no. You have to do soemthing additional with your name like "John Smith Enterprizes," at least. There would be exceptions if your name is already famous. You can be protected based on your name's recognition and the business advantage that you have developed through its use.
You have to apply with the federal and state governments for the trademark. See the trademark office's website or consult an attorney.
**This entry is not intended to create or solicit an attorney-client relationship and any such legal or fiduciary relationship is hereby expressly disclaimed. Answer 4
You cannot copyright a name.
Even when a name is used as the name of a company - "Sara Lee", for example - it's not copyright.
It can, however, be a registered trademark. (and "Sara Lee", of course, is) If I had a friend called "Sara Lee" she could not open a cake company called "Sara Lee cakes". She could open "Sara Lee Construction" if she wanted to - no possibility of confusion.
Richard Answer 5
It has to be original and not already used. You could try and apply for one. It usually costs a fee to apply and it doesn't guarantee that your name will get any protections.
Paris Hilton tried to get, "That's hot." copyrighted and they denied her and rightly so. Also, Donald Trump tried to get "You're fired." copyrighted and he failed too. Those words are too common and used by the public already. So if it's just your name, and your name is common, they will probably deny you so you have to make a unique word combination with it. For example "Victoria" is a common name but the combination "Victoria's Secret" is not as common and they were allowed a copyright on that. (Actually they had a trademark which is slightly different) Copyrights are more like inventions which could be of anything like books, song lyrics, etc. A trademark is like a brand name or a logo that identifies someone.
Later in Kentucky a guy named his trashy lingerie store "Victor's Little Secret" and Victoria's Secret sued for trademark infringement but VS lost because the court siad people wouldn't confuse the two.
EDIT: Yea, Richard stated what I should have. You should be focused more on getting a trademark not a copyright.
Also, you should speak to an attorney for legal advice. This is just general information. << GO BACK to questions
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