Should I Copyright my Business Name?

Getting a Copyright/Trademark from the USPTO for your Business May Be Necessary Under certain Circumstances, Here's Our Thoughts...
Jason (P) David
Jason (P) David
Last Updated: April 26, 2021
Date Published: April 20, 2021

We get the question “Should i copyright my business name” quite often and you certainly are not required to copyright or trademark your company’s business name or logo but it is definitely recommended.

Once you register a copyright or trademark in the United States, you own the copyright or trademark and don’t have to worry about someone else using the business name or logo.

Your business name and logo are two of your company’s most valuable assets.

They are symbols of your reputation and they are almost always how people remember to find you again (returning customers).

A registered trademark will give your business exclusive rights to use your business name and it allows you to enforce your trademark in a court of law should someone else be trying to use the same name.

Company names and logos are not the only things you can trademark. You can trademark product names and labels as well.

Advantages of Copyrighting my Business Name

Here are some advantages to trademarking your business name:

  • Nationwide trademark protection.
  • Your trademark(s) become part of the USPTO’s database and is searchable by the public, decreasing your chances of someone else using your trademark.
  • You can enforce your trademark in federal court.
  • Registration creates the assumption that you own the trademark and can use it for goods and services listed in your trademark application.
  • You can use the Registered Trademark Symbol, ®, giving you more legitimacy.
  • Registration in the United States allows you to register your trademark in other countries as well.

There are many benefits to trademarking but the biggest is perhaps to maintain business reputation.

For example, say you operate a successful business under the name “XYZ” and have built a solid reputation under that name but you never actually trademarked it.

Another, similar company pops up and trademarks the name and send you a cease and desist trademark notice because they have trademarked your business name.

You are now forced to choose a new business name which effects your existing customers, reputation and branding.

Believe it or now, this happens more often than  you think and can be avoided by simply trademarking your business name.

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  1. USPTO.gov "Trademark, patent, or copyright" Page 1 . April 19, 2021

  2. United States Patent and Trademark Office (USPTO) "Search trademark database" Page 1. April 20, 2021