Copyrighting or Registering a Company name
by Jeremy Spriggs · in General Discussion · 06/18/2003 (11:36 am) · 10 replies
I was just wondering how one would go about copyrighting a business name. So if I wanted to reserve a name like "asdffdsa productions" or whatever,do I need to fill out a form somewhere and pay some cash, or can I just use the copyright symbol, or do I use the registered trademark process?
About the author
#2
So what I want is a trademark apparently. Now, can I use the registered symbol thing without having filed for the trademark registration? I know with copyrights you can put a copyright on stuff without actually filing anything with the government... does the same hold true for trademarks?
06/18/2003 (11:41 am)
Wow I am retarded. I was searching for about a half an hour before my post trying to find info, so I decided to make the post. Right after I posted I found some info...So what I want is a trademark apparently. Now, can I use the registered symbol thing without having filed for the trademark registration? I know with copyrights you can put a copyright on stuff without actually filing anything with the government... does the same hold true for trademarks?
#3
The 'TM' doesn't require registration, but also isn't quite as effective.
06/18/2003 (11:44 am)
The Circle-R requires registration. (Get a lawyer to help you with this)The 'TM' doesn't require registration, but also isn't quite as effective.
#4
06/18/2003 (11:49 am)
It's been a while since I've messed with this...isn't an idea/drawing/text automatically copyright the author once it is in concrete form? You still have to/should go through the trademark process but isn't there some protection in place once the ink is laid?
#5
While original artwork will be unique(one of a kind) and therefore is, now, automatically copyrighted apon creation, it is possible to have a company name or product name that is already in use.
BTW, ideas can not be copyrighted.
06/18/2003 (12:24 pm)
One of the reasons that you register is to make sure that you are not using something already trademarked. While original artwork will be unique(one of a kind) and therefore is, now, automatically copyrighted apon creation, it is possible to have a company name or product name that is already in use.
BTW, ideas can not be copyrighted.
#6
But what about company names? Does that fall under the same rules? Can I just put the circle c mark next to my company name and say copyright jeremy spriggs 2003 or whatever? I do plan on doing it all through the courts and whatnot when I actually start doing more work with my ideas, but as of now I don't want to pay the money when I am a long ways away from starting anything. I would like to have a little protection now though.
06/18/2003 (2:03 pm)
Yeah I am pretty sure that technically once your idea/drawing/text/etc. is actually created that it is automatically copyrighted though you should still get it done through the courts or whatever to make sure you are fully protected.But what about company names? Does that fall under the same rules? Can I just put the circle c mark next to my company name and say copyright jeremy spriggs 2003 or whatever? I do plan on doing it all through the courts and whatnot when I actually start doing more work with my ideas, but as of now I don't want to pay the money when I am a long ways away from starting anything. I would like to have a little protection now though.
#7
06/18/2003 (2:33 pm)
You can't copyright a simple phrase or a name. You need a trademark for that.
#8
To make a sole proprietorship (a 1-person business), it costs $150 (in Pennsylvania) to register your company.
Now you also need to register your company name, which you do at the same time. If you're company name's something you make up (like "asdffdsa productions"), you will need to register a fictitious name, which costs $500 in Pennsylvania.
But if you use your own name plus what it is your company does as the company name, it's not a "fictitious" name.
So if I wanted to open a spinach store, I could call it "Fletcher's Spinach" and not have to register a fictitous name. But if I called it "The Spinach Emporium", I would have to register.
There's other kinds of companies besides sole proprietorships. And you should get information from someone who knows more about it before creating your company.
Anyways, the reason I'm telling you all this is that it's something you'll need to know if you plan on actually registered a company. And you don't need to trademark the name unless you're afraid someone else is going to use it before you register your company.
06/19/2003 (4:09 pm)
To register a company, you need to go the website for whatever state you live in (assuming you live in the U.S.) to get information.To make a sole proprietorship (a 1-person business), it costs $150 (in Pennsylvania) to register your company.
Now you also need to register your company name, which you do at the same time. If you're company name's something you make up (like "asdffdsa productions"), you will need to register a fictitious name, which costs $500 in Pennsylvania.
But if you use your own name plus what it is your company does as the company name, it's not a "fictitious" name.
So if I wanted to open a spinach store, I could call it "Fletcher's Spinach" and not have to register a fictitous name. But if I called it "The Spinach Emporium", I would have to register.
There's other kinds of companies besides sole proprietorships. And you should get information from someone who knows more about it before creating your company.
Anyways, the reason I'm telling you all this is that it's something you'll need to know if you plan on actually registered a company. And you don't need to trademark the name unless you're afraid someone else is going to use it before you register your company.
#9
You can also register in any other country.
06/19/2003 (4:15 pm)
Dba first then get a servicemark for your state or country.You can also register in any other country.
#10
06/20/2003 (7:55 am)
Wow thanks for the great info steve and others. Yeah, I will eventually end up registering my company and company name and such... but that is down the road a bit. I do have a website with my wannabee company name one it though, so I was just wondering if I should trademark it or copywright it or whatever. I highly doubt anybody would use it, but you never know.
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