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  #1  
Old 01/23/09, 01:11 PM
Wishing for more green
 
Join Date: Feb 2008
Location: Phelan, California
Posts: 930
Copyright?

We have a name with a logo for my new business? I copyright this to protect it right? Has anyone done this?
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  #2  
Old 01/23/09, 02:09 PM
 
Join Date: Apr 2003
Location: Southern Maryland
Posts: 4,275
That would be trademark registration rather than copyright protection and it is usually not necessary. It costs about $200 for a small business filing too, with periodic renewals. You have a basic level of protection for your name when you file a Dba with your state as they will not allow another person to file a Dba for the same name. A Dba here costs $25 to file.
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  #3  
Old 01/23/09, 02:53 PM
FiddleKat's Avatar
Mother,Artist, Author
 
Join Date: Oct 2004
Location: East Tennessee
Posts: 3,532
Under copyright, I think you could only copyright the logo, or as mistletoad said, trademark it.
I don't think you can copyright or trademark a name. But I could be wrong.
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  #4  
Old 01/25/09, 02:22 AM
How Do I's Avatar
In the Garden or Garage
 
Join Date: Feb 2008
Posts: 2,139
Quote:
You can use the symbols TM for trademark or SM for service mark to indicate that you are claims rights to the marks without having federal registration. However, use of the TM and SM symbols may be governed by different local, state, or foreign laws. The federal registration symbol ® can only be used after the mark is actually registered in the USPTO. Even though an application is pending, the registration symbol ®may not be used before the mark has actually become registered.
Understanding Trademarks
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  #5  
Old 01/25/09, 03:37 AM
||Downhome||'s Avatar
Born in the wrong Century
 
Join Date: Jan 2009
Location: Michigan
Posts: 5,055
you would be best just geting your dba (its ten dollars here) and if you find out you have a small gold mine then go about trade marking and copyright your stuff. My logic is and Im not trying to rain on your parade, you most likely not as original as you thought again not trying to be a snot or anything.
well all people dont think alike there are many that will think like you or I and
someones most likely beat you to the punch somewhere. I belive none of that
money or time is refundable if you do find this to be true. put your time and money into the buisness. if you have an lawyer maybe talk to them about your best course of action or you could hit some of the law forums and get some advice there (they have real lawyers there much like our forums have homesteaders) If you truley think its gold dont use it till you can properly protect it maybe a suitable psedo-name to get the ball rolling. of course Im not sure of your buisness or product you name may be a big part of your marketing.
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  #6  
Old 01/25/09, 05:12 PM
 
Join Date: Jun 2004
Location: Washington
Posts: 2,832
True story:

Husband owned a small computer repair shop in Seattle many years ago. A computer software company decided the small repair shop had a name that was too close - so they sent cease and desist letters.

The small shop was in business before the software company was, and had legitimate use of the name. But did not have a trademark on the name. It was cheaper and easier to change the business name than to go up against the software company.

Think about that. All the business cards. All of the advertisements. Company letterhead. Checking accounts. Phone listings. Fliers out to all clients informing them of the name change. New signage... It cost him thousands. The trademark would have cost him a couple hundred.

Chances are, a mult-million dollar corporation won't decide your business name is too close. But, that can be an expensive gamble.

It honestly is worth paying for an hour of a business attorney's time to figure out what you need to do in your state to protect your business name and logo. You'll need that attorney anyway from time to time to deal with government mumbo-jumbo and complicated contracts - may as well find one you can work with now.
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