Are you wondering how to copyright a name?
Starting a small business is an exciting venture, but it comes with numerous responsibilities, one of which is protecting your brand.
Copyrighting your business name is crucial to ensure that no one else can use it without your permission. This guide will walk you through the process step by step.

Introduction to How to Copyright a Name
When we talk about “copyrighting a name,” what we really mean is trademarking it. Copyright typically covers artistic works, while trademarks protect brand names and logos. For small business owners, securing a trademark for your business name is essential to safeguard your brand's identity and prevent others from using similar names.
Understanding the Basics
Before you start the process, it's important to understand some key terms:
- Trademark: A symbol, word, or words legally registered or established by use as representing a company or product.
- Copyright: Legal protection given to original works of authorship, such as books, music, and visual art.
- Intellectual Property: Creations of the mind, such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce.
Preparing for the Process
Before filing for a trademark:
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- Conduct a Trademark Search: Use the USPTO's online database to check if your business name is already taken.
- Confirm Domain Availability: Ensure the web domain for your desired business name is available.
- Consult a Trademark Attorney (optional): Seek professional advice to avoid potential pitfalls.
Understanding Trademark Law
Trademark law is designed to protect consumers from confusion about the source of goods or services and to shield businesses from unfair competition.
Essentially, a trademark grants you the exclusive right to use your business name in commerce, provided it meets legal requirements.
In the United States, trademarks are governed by federal law through the Lanham Act, as well as by state laws. To secure and maintain trademark protection, you must use the name in commerce and continuously enforce your rights against potential infringers.
Registering with the United States Patent and Trademark Office (USPTO) offers several advantages, such as a legal presumption of ownership, public notice of your claim, and the ability to bring legal action in federal court.
Understanding these legal frameworks can help you better protect your brand and prevent legal issues down the line.

The Application and Registration Process
Here’s a detailed guide on how to file for trademark registration:
- Visit the USPTO Website: Go to the United States Patent and Trademark Office (USPTO) website.
- Create a USPTO Account (if you don't have one): You'll need an account to file your application.
- Fill Out the Trademark Application:
- Choose Your Filing Basis (e.g., use in commerce or intent to use).
- Provide Details About Your Business Name (e.g., standard character mark or stylized/design mark).
- Select the Appropriate Trademark Class for your goods or services.
- Pay the Filing Fee: Fees vary depending on the type of application and number of classes selected.
- Submit the Application: After reviewing your application, submit it via the Trademark Electronic Application System (TEAS).
The Review Process
After submitting your trademark application, the review process begins, which can take several months. Here’s what to expect:
Initial Review
An examining attorney from the copyright office will review your application to ensure it meets all formal requirements.
They will check for a conflicting or existing trademark that could be confused with your business name.
Office Actions
If the examining attorney finds any issues or needs additional information, they will issue an “Office Action” outlining the problems.
You will have a limited time to respond and address these concerns, typically six months.
Failure to respond can result in the abandonment of your application and your federal trademark application.
Publication for Opposition
If your application passes the initial review, your trademark will be published in the “Official Gazette,” a weekly publication of the USPTO.
This publication gives the public a 30-day window to file an opposition if they believe your trademark could harm their own.
Resolving Oppositions
If no oppositions are filed, or if any filed oppositions are resolved in your favor, the application proceeds to the next stage, and you will likely become a trademark owner with exclusive rights to the registered copyright or trademark name.
If there are oppositions, a formal process to resolve these disputes will occur, which may involve negotiations or a legal trial at the Trademark Trial and Appeal Board (TTAB).
Understanding and navigating the review process is crucial for successfully securing a trademark for your business name. By staying informed and responsive, you can protect your brand and strengthen its market presence.
Response to Office Actions
If the examining attorney determines issues with your application:
- Receive an Office Action: This document outlines any issues or reasons for refusal.
- Respond Promptly: Address the concerns raised within the specified time frame.
- Seek Legal Advice (if needed): Consult with an intellectual property or trademark lawyer for complex issues.
Post-Registration Obligations
Once your trademark is registered, maintaining it is crucial:
- File Specific Maintenance Documents: Submit these at the fifth and sixth year, and then every ninth and tenth year after registration.
- Monitor Your Trademark: Regularly check for unauthorized use of your trademark and take action if needed.
Protecting Your Rights
If someone infringes on your trademark:
- Send a Cease and Desist Letter: Inform the infringer of your rights and request them to stop using your trademark.
- Take Legal Action (if necessary): File a lawsuit in federal court to enforce your trademark rights.

Quick Tips and Tricks for Trademarking Your Business Name
Successfully trademarking your business name can be a complex process, but these tips and tricks can help streamline your efforts and improve your chances of approval:
- Conduct a Preliminary Search: USPTO TESS Database – Begin by searching the United States Patent and Trademark Office's (USPTO) TESS database to ensure that your desired name isn't already trademarked or too similar to existing trademarks.
- Choose a Unique and Distinctive Name: Trademark Manual of Examining Procedure (TMEP) – Refer to the TMEP for guidelines on selecting a distinctive mark that is more likely to be approved.
- Understand the Different Classes: Nice Classification – Familiarize yourself with the Nice Classification system to select the appropriate classes for your business's goods or services.
- Use Your Trademark Properly: Using Your Mark – Learn about proper trademark usage to avoid genericide and maintain the distinctiveness of your brand.
- Keep Detailed Records: Record Keeping Tips – Maintain comprehensive records of your trademark usage to support your application and enforcement efforts.
- Respond to Office Actions Promptly: Responding to Office Actions – Guidance on how to address any issues flagged by the examining attorney in a timely manner.
- Consider International Protection: Madrid Protocol – If you plan to expand internationally, consider leveraging the Madrid Protocol to register your trademark in multiple countries.
By incorporating these tips and utilizing the provided resources, you can navigate the trademarking process more effectively and secure your business name.
Remember, thorough preparation and proactive measures are key to successful trademark registration.

The Importance of Trademark and Copyright Protection
Trademark and copyright protection are essential facets in the realm of intellectual property that help secure your business's unique identity and creative assets. Trademarks safeguard your brand name, logo, and other identifiers, ensuring that consumers can distinguish your products or services from those of competitors.
This not only builds brand loyalty and market recognition but also prevents competitors from leveraging your hard-earned reputation for their gain. On the other hand, copyright protection secures your original works of authorship, such as marketing materials, websites, and product designs, shielding them from unauthorized reproduction and distribution.
By investing in these protections, you not only defend your business against potential infringements but also enhance its overall value, making it more attractive to investors and partners.
In today's digital age, where content can be easily copied and brand identities quickly mimicked, robust trademark and copyright protections are invaluable in maintaining both legal security and competitive advantage.

How To Copyright a Name in Summary
Trademarking your business name is a vital step in protecting your brand and ensuring its longevity. By following this guide, you can confidently navigate the trademarking process and secure your business's future.
If you're ready to take your business to the next level, reach out to us at Priceless Consulting. We can make your internet presence dominate.
Additional Resources
- USPTO Database: Search existing trademarks
- Trademark Electronic Application System (TEAS): Begin your trademark application
- Priceless Consulting: Learn more about our services
Disclaimer
This guide is for informational purposes only and does not constitute legal advice. It is always recommended to consult with a qualified intellectual property attorney for specific questions about trademark registration and enforcement.
Priceless Consulting is not responsible for any actions or decisions made based on this information. Additionally, laws and processes may vary in different countries, so it's important to research the specific requirements for trademark registration in your location.
Remember, protecting your brand is crucial for the success of your business!