A common question business owners, entrepreneurs, and creatives often ask is, “Can a name be copyrighted?” The short answer is no—names, titles, and short phrases cannot be protected by copyright law. However, that doesn’t mean your brand name or personal name is left without legal protection. Instead, you can protect a name through trademark law. In this blog, we’ll explore why names can’t be copyrighted and explain how working with a trademark attorney can help you safeguard your brand.
Copyright law exists to protect original works of authorship, such as books, music, art, and films. It covers creative expressions but does not extend to names, titles, or short phrases. The rationale behind this is simple—copyright is meant to encourage creativity and innovation, but names are often too brief and functional to be considered original works of authorship.
For example, while you can’t copyright the name of your business or product, you can copyright the marketing materials, website content, or advertising jingles you create. But to protect your name, you’ll need to rely on trademark law instead.
While copyright law may not offer protection, trademark law steps in to safeguard brand names, business names, and product names. A trademark legally protects a name that identifies and distinguishes the source of goods or services. Trademarks help prevent consumer confusion and ensure that no other business can use your name or a confusingly similar name in the same industry or market.
To secure trademark protection, you must file an application with the United States Patent and Trademark Office (USPTO). A trademark lawyer can guide you through this process, ensuring your application is properly filed and that your name meets all the necessary criteria for trademark protection.
Although names cannot be copyrighted, they can be protected through trademark law. Registering a trademark ensures that your business or brand name is legally protected and gives you exclusive rights to use it in your industry. Consulting with a trademark attorney can help you navigate the process and secure the protection you need to build and grow your brand without the risk of infringement. Contact us today for a free consultation.
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