Key Takeaways:

  • Copyright protects artistic creations in a tangible form, so names alone generally don’t meet its basic requirements.
  • Trademarks secure brand identifiers by preventing conflicting marks, saving crucial business resources.
  • To protect a name, trademark registration is key, as copyright doesn’t apply to short designations.

Whether building a brand, creating a creative identity, or simply protecting your hard-earned reputation, one of the most common questions would be: Do I trademark or copyright a name? This is true in digital world, where everything from the name, to the logo, to all other branding elements determine how business or an individual is perceived.

Choosing the right form of IP protection may mean the difference between guarding your reputation and leaving it open for misuse. This article goes in-depth on what trademarks and copyrights are, how they differ from one another, advantages and limitations each, and protection of a name, whether personal, business, or product.

By the end of this guide, you will get a great deal of insight into what “do you trademark or copyright a name” is all about and just how each different process is achieved.

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What is a Trademark and its Purpose?

A trademark is a particular sign or indicator that an individual or business uses to identify and distinguish the products or services from others.

Trademarks can be one or more words, phrases, symbols, designs, or combinations thereof.

Some jurisdictions, however, will allow even sounds, smells, or colors to constitute a trademark when associated with a brand, such as the sound of some computers when turning on or the particular color scheme of some well-known companies.

Purpose

The main aim of trademark law is to prevent confusion among consumers about the origin of goods or services.

In other words, trademarks guarantee that when a consumer sees a name, logo, or slogan, they will know that the product or service comes from a source they know and can trust.

Meanwhile, for the owner of the business, a trademark gives him legal protection against unauthorised use of his mark by competitors desiring to benefit from a brand’s reputation.

What Can Be Trademarked?

Most jurisdictions trademark law requires your mark be distinctive and used in commerce and cannot simply be descriptive of the products and services without having developed secondary meaning.

For example, naming an orchard that sells apples “Apple Orchard” is merely descriptive and thus likely not trademarkable.

In contrast, a fanciful or arbitrary name, like “Truberry” or “PurpleMoon Orchards,” would merit more trademark protection.

Duration and Renewal

Trademarks theoretically can last indefinitely, as long as they are being used in commerce and are renewing their trademarks regularly.

In the United States, a certain specific initial trademark registration can be said to exist for about 10 years, though there might be slight variation in certain other jurisdictions. Such subsequently can be renewed and extended in infinity with an ongoing cycle of 10-year renewals.

The trademark owners also have to file periodic statements of continued use or commercial intent if they wish for the trademark status to remain activated.

What is a Copyright?

Definition and Purpose

Copyright protects original works of authorship; everything from books, musical compositions, movies, code, paintings, photographs, blog posts-the list goes on and on.

Conversely, copyright grants a creation exclusive rights for reproduction, distribution, performance, display, and permission or licensing for use.

Copyright law protects rights that an artist has to either attain recognition for their work, or financial in nature.

What Can Be Copyrighted?

To be copyrightable, a work must be original and fixed in a tangible medium of expression. The “fixation” requirement simply means the work must be sufficiently tangible or material, and not transitory.

Works not eligible for copyright protection include ideas, procedures, processes, and methods of operation, although the expression of those ideas may be copyrighted. Generally, short phrases, slogans, and single words are not protected.

Copyright law does not protect “mere listings of ingredients or contents,” “short phrases,” or “expressions that lack originality,” such as names, titles, and simple variations of typographic ornamentation or coloring.

Duration of Copyright Protection

Under current U.S. copyright law, and similarly in many other jurisdictions, copyright protection for an individual creator lasts for the life of the author plus 70 years.

For works made for hire or created under corporate authorship, the copyright term can vary-often 95 years from publication or 120 years from creation, whichever is shorter.

Once the copyright term expires, the work enters the public domain, meaning it can be used by anyone without permission or licensing.

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Key Differences Between Trademarks and Copyrights

Key DifferencesTrademarksCopyrights
Scope of ProtectionProtect brand identifiers: names, logos, symbols, etc.Protect creative expressions: literary, musical, artistic, etc.
PurposeProtect consumers from confusion and preserve brand identity.Incentivise original creation by giving creators exclusive rights.
DurationCan last indefinitely if renewed and maintained.Generally lasts the life of the author plus 70 years (or other statutory durations for works made for hire).
Registration vs. Automatic ProtectionOften requires registration for the strongest level of protection (some “common law” rights may apply).Copyright protection is automatic upon creation, but registration provides enhanced legal rights.
ExamplesNike’s “Swoosh” logo, Apple’s stylised apple, “Just Do It” sloganThe text of a novel, a musical composition, a movie script, a photograph
InfringementUse of a similar mark in a way that is likely to cause consumer confusionUnauthorised reproduction, distribution, display, or creation of derivative works
Symbol™ (unregistered trademark), ® (registered trademark)© (copyright symbol)

Key difference to remember: Trademarks protect brands, copyrights protect creative works. You might trademark the name of your company and copyright the content on your website.

Do You Trademark or Copyright a Name?

trademark or copyright a name

Can You Trademark a Name?

Personal Names

A personal name can be trademarked if that name is used as a brand identifier for goods or services and has acquired distinctiveness.

Most celebrities trademark their names because they use them in commerce, attaching the name to products, such as perfumes and clothing lines. However, if you have a common name with no distinctiveness or brand association, you will likely face challenges registering it.

Business/Brand Names

Business names are often trademarked to protect one’s brand in certain markets.

For instance, if you have a software company called “TechNova Solutions,” you may want to register a trademark so no other company uses the name “TechNova” or any mark that may cause confusion in related fields.

Note, however, that not every business name is inherently trademarkable in that generic or highly descriptive marks will encounter difficulties.

Product Names and Services

You can also trademark the names of products, services, or even product lines.

For example, think of how Coca-Cola is a brand name, but they also have trademarked terms for various product lines.

If you have come up with a unique name for your software, app, or a clothing line, trademark protection helps you to be distinctive in the marketplace and bars your competitors from capitalising on the goodwill of your name.

Can You Copyright a Name?

Short Phrases and Names Under Copyright Law

As is generally the case in most jurisdictions around the world, copyright under the law of the United States does not extend to short phrases, titles, and names.

To begin with, the bar for copyrightability requires that a work be a product of creativity. Quite simply stated, a single word, a name, or a short phrase lacks the artistic or literary force to fall within the ambit of protection under the copyright law.

Copyright Exceptions for Names

Even if you have coined a name—that is, you made up a term or phrase—copyright protection will not be applied to that short form of expression.

It may well be an excellent candidate for trademark protection, since it can be distinctive. Very rarely, a longer, stylised phrase or even poem might receive copyright protection if it is creative enough.

For single-word names or very short brand identifiers, copyright law does not provide protection.

Can a Book Compiling Names Be Copyrighted?

Generally speaking, a book of names, be those for brands, kids, or anything else, cannot be copyrighted in and of itself for the names contained therein. That’s because copyright would cover the expression of an idea, but never the idea.

Individual names consist of short phrases or words, and as such are insubstantial to even be considered to come within the realm of copyright protection; they lack the necessary creative authorship.

However, elements of the book surrounding the names can be copyrighted. This includes:

ElementCopyrightable Content
Original text explaining naming methodologiesIf you’ve written explanations, descriptions, or analysis regarding how to choose a name, or the meaning/origins of certain names, that text is considered original expression and therefore eligible for copyright protection.
Original illustrations or artworkAny drawings, images, or other visual elements (e.g., decorative images accompanying each name or thematic illustrations) created for the book can be copyrighted, as they are original works of authorship.
Selection and arrangement of the namesWhile individual names themselves cannot be copyrighted, a unique way of compiling, organising, or sequencing them may be protected. However, this protection is “thin” and only prevents someone from copying the exact same arrangement.
Original introductory or other creative written contentSections like forewords, introductions, concluding remarks, or any other narrative text that displays originality are copyrightable, protecting the specific way those ideas are expressed.

So, while the names themselves aren’t copyrightable, the substantial creative effort you put into compiling, categorising, explaining, and presenting them within the book can be protected. Just be aware that the core elements—the names themselves—remain in the public domain.

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When Should You Trademark a Name?

when should you trademark a name
  • You’re Using It Commercially: If you plan to use the name in commerce—for instance, on product packaging, marketing materials, or as the official name of a service—it becomes essential to secure trademark protection.
  • You Want Exclusive Rights in a Specific Industry: Trademarks are usually registered in relation to specific classes of goods or services. If you want to ensure no one else in your industry can use a confusingly similar name, trademark registration is the way to go.
  • You Have (or Plan to Have) Substantial Goodwill Tied to the Name: Brand equity can be significant. If your name achieves customer recognition, you’ll want the security of legal ownership that a trademark provides.
  • You’re Concerned About Brand Infringement: Once you register a trademark, you have legal recourse against infringers who attempt to use your name (or a substantially similar one) in ways that cause consumer confusion.

When (and Why) You Can’t Copyright a Name?

  • Lack of Originality: Copyright demands a modicum of creativity or originality. A single name or a short phrase usually does not meet this threshold.
  • Names Are Like Titles: Titles, names, and short phrases are considered too brief or unoriginal to be protected under copyright law.
  • Alternative IP Protections Are Available: For brand identifiers, trademark law is the appropriate mechanism, so copyright law essentially defers to trademarks for these shorter forms of identification.

If your only concern is to protect the word, phrase, or name associated with your business, copyright is not the correct form of IP protection. Instead, focus on trademark registration (and possibly domain registration, as well).

Special Considerations

Domain Names

Registration of a domain name, such as yourcompanyname.com, does not provide trademark rights to the name.

While the registration of domain names is a significant aspect of owning a brand, you will have to separately register your brand name as a trademark if it meets the threshold of distinctiveness.

On the other hand, having a trademark does not automatically mean that the domain name is available; it is therefore wise to take control of relevant domain names early in your brand-building process.

International Trademark Considerations

Trademark protection is territorial. When you obtain a trademark in one country, that doesn’t necessarily protect your rights in another.

For large corporations that operate across borders, multiple trademark filings in various jurisdictions could be done-possibly through the system under the Madrid Protocol, which enables the trademark holder to seek protection in a number of countries with one centralised application.

If you have plans to expand your brand globally, you need to think strategically about where protection is needed.

Social Media Handles

Part of modern brand strategy involves securing social media handles that are identical to the brand name.

Though social media handles per se are not trademarks, obtaining a trademark for the brand name provides an avenue in taking action against impersonators or squatters on the respective social media platforms, each on its terms.

Steps to Trademark a Name

steps to trademark a name

Conduct a Thorough Search

Before filing a trademark application, you should do a thorough search of existing trademarks in your country’s trademark register.

In the United States, that would mean searching the United States Patent and Trademark Office, or USPTO, database for identical or confusingly similar marks.

A trademark attorney or a specialty searching service can be quite valuable at this stage insofar as the searchers will know not only how to spot potential conflicts but also how well your mark stands a chance of succeeding.

File an Application

Once you are reasonably certain that your desired name is available, you will be able to file a trademark application with the appropriate governmental agency.

You can do so with the USPTO if you’re in the United States, for example. In such a case, the application will ask for information on:

  • The name or mark you want to register.
  • The classes of goods or services for which you want protection.
  • A specimen showing how you’re using the mark in commerce, if you’ve already started using it.

If you have not yet used the mark commercially, you can file an Intent-to-Use (ITU) application, which reserves your right to the mark while you prepare to launch your product or service.

Review by Trademark Office

After filing an application, the application will be assigned to a trademark examining attorney who will review your application to ensure that the application meets all the legal requirements for registration and that there would not be any conflicts with existing registrations.

If the examiner identifies any issues, he or she will issue an office action requesting clarification or changes. You’ll generally have a set period of time in which you must respond.

Potential Opposition Period

If the examining attorney approves your mark, it publishes for opposition, which is a stage when third parties who believe your mark may harm or dilute their trademark rights can oppose your mark.

If nobody opposes you, or if opposition is resolved in your favor, your mark proceeds to the final stage of registration.

Maintenance and Renewal

Once your name is registered as a trademark, there are maintenance requirements.

In the U.S., you will generally be required to file a Declaration of Use between the fifth and sixth year after registration, and then renew every 10 years. If you fail to do so, your registration will be cancelled.

Case Studies

McDonald’s and the “Mc” Family of Marks

McDonald’s has a line of marks using the “Mc” prefix, including McNuggets and McFlurry. They actively police those marks against any food industry competitor using “Mc” in a way likely to confuse consumers.

In that case, “Mc” was arguably too short to trademark on its own, but by extensive and recognisable use, it became distinctive enough to give rise to a right by McDonald’s to protect it.

Apple Corps vs. Apple Computer

The famous litigation between the record company of The Beatles, Apple Corps, and Apple Computer, now Apple Inc., was centered on the right to the “Apple” name and logo.

Apple Corps first owned the trademark in the area of music, while Apple Computer took the trademark in the area of technology.

As Apple Inc. began releasing products that provided music distribution through iTunes, disputes arose with regard to the ability to use Apple’s trademark with regard to music.

Eventually, through the course of many legal disputes, both parties were able to agree to certain settlement papers that showed under what circumstances either could utilise the “Apple” trademark.

The result emphasises that a name, by itself, cannot be considered independently but also together with specific goods or services it represents.

Beyonce’s Trademarking of Her Daughter’s Name

Beyonce and Jay-Z once tried to trademark the name “Blue Ivy”-the name of their daughter.

It certainly is not standard to trademark your child’s name, but many celebrities have filed for trademark applications for their children’s names as a way of blocking others from selling a product or service using the child’s name.

Of course, those applications are subject to serious examination. This became contentious when an event-planning firm, “Blue Ivy,” challenged the trademark in the continuing case, showing the difficulty in trademarking personal names, especially those with prior business usages.

What Is Trademark | Trademark Registration Process In India | Hindi

What’s Next?

Trademarks and copyrights are separate aspects of intellectual property rights that carry major differences in scope and purpose.

For business owners forming a business entity or seeking broad intellectual property protection, federal trademark registration or a service mark offers exclusive rights to distinct creations identifying goods or services.

Although common law rights exist through trademark in commerce, registering provides stronger legal action against counterfeit products.

A trademark lawyer can confirm eligibility requirements and conduct a comprehensive search to reduce the likelihood of confusion.

A concise description of how you will use the mark is an essential element. Meanwhile, copyrights protect creative works but do not protect names. Both remain essential to safeguarding your brand’s presence.

Ultimately, deciding whether to pursue a trademark or copyright comes down to the nature of your brand or work.

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FAQs

How do I determine if my name can be trademarked?

To find out if your name is eligible for trademark protection, first ensure it is unique and not merely descriptive or generic. Next, conduct a comprehensive search (often done by a trademark lawyer) in databases such as the United States Patent and Trademark Office (USPTO) to check for identical or confusingly similar marks. If none exist, you may apply for federal trademark registration.

Can I copyright a name that I am using for my business?

No. A name—whether it’s your own name, a business name, or a product name—is generally not copyrightable. Copyright protects creative works such as books, songs, and artworks. For names, slogans, and logos, you should pursue trademark protection.

What are the benefits of trademarking a name compared to other forms of intellectual property protection?

Trademarking a name gives you the exclusive right to use it in commerce for specific goods or services, protects you against unauthorised use by competitors, and helps prevent consumer confusion. Unlike copyright (which covers creative expression), trademarks safeguard brand identity and can last indefinitely with proper maintenance.

Is a slogan proper subject matter for a copyright or for a trademark?

Short slogans or taglines are usually protected by trademark, not copyright. Copyright law typically does not cover short phrases or expressions, whereas trademark law is specifically designed to protect brand identifiers like slogans, logos, and names.

Why business name cannot be copyrighted?

A business name is considered too brief and lacks the required originality for copyright protection. Copyright law protects creative expressions such as written text, music, or artwork, but not short designations like names or titles. For a business name, trademark protection is the appropriate route.

How do you protect a copyright?

In most jurisdictions, copyright protection is automatic once your original work is created and fixed in a tangible medium (e.g., written down, recorded). However, registering your work with the relevant government authority (such as the U.S. Copyright Office) offers additional legal benefits, such as establishing a public record of your ownership and making it easier to enforce your rights in court.

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