Copyright vs. trademark – Protecting your company’s name

With more new businesses launching each year than we can keep up with, creating a unique business identity has become a top priority. Your company’s name represents your image in the outside world.

If you’re looking to protect your company name, you’ll come across terms like “copyright” and “trademark.” You may also ask questions such as “how to copyright my company name?”. Well, to answer that, let’s first understand the difference between these two terms.

Copyright vs. trademark

The term copyright refers to the laws protecting intellectual property such as songs, books, paintings, and photographs. But ideas cannot be secured under copyright laws. This implies the idea you have for a novel or jingle cannot be covered unless it has manifested into a tangible asset. Essentially, after the novel is written and the jingle is composed, they can be protected. So, the answer to “how to copyright my company name?” is that it doesn’t fall under this category.

Protecting your company’s name requires a trademark application. This will help clients easily distinguish your company and its products from those of your competitors. Your company needs to be registered with the United States Patent and Trademark Office (USPTO) for protection. The USPTO only registers company trademarks that are not likely to be confused with existing ones.

How to trademark your company name?

You’ve understood why copyright isn’t needed, so let’s learn how to register your company name with the USPTO for a trademark. This three-step process will help you get this smoothly done.

• Search the site
  A trademark search on the USPTO website can help you determine potential trademark problems like finding names that are similar to that of your company. Essentially, this search alerts you of the possibility that the likelihood of confusion with other brands may hinder registration for a trademark.
• Submit an application
  If you feel hopeful after the search, the next step is to file an application with the USPTO. You can apply online through their website. A nominal fee will be charged for your trademark application. You can check the USPTO website for details.
• Coordinate with a USPTO attorney
  An attorney representing the USPTO will review your trademark application and mail you if there are any problems. You must respond before the deadline to avoid your application from getting rejected.