![]() ![]() Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. This article contains general legal information and does not contain legal advice. To get protection for a name, look into registering a trademark with the USPTO. ![]() If you are trying to figure out how to patent a name, the short answer is: It’s not possible. Examples include coined words like Kodak or Exxon or complex logos such as the Kentucky Fried Chicken logotype. While trademark rights can protect marks composed of common words but used in an arbitrary context or simple shapes that would otherwise be ineligible for copyright, if your trademark contains a fanciful word you coined or its logo is a design that could be considered a creative work, it may be protected under copyright laws. It is possible for different types of intellectual property protection to overlap. Registering a trademark, however, grants you several exclusive rights, including nationwide trademark rights, access to federal courts for litigation, constructive use and notice (meaning others cannot feign ignorance of your trademark), and it may become uncontestable after five years of unopposed registration. However, even an unregistered trademark is protected under common law and federal law. You will need to submit the proper application and pay the appropriate fees. Both patents and trademarks are registered with the United States Patent and Trademark Office. To protect your brand name and logo, you will need to utilize the trademark registration service. ![]() Patents are only issued for inventions, ornamental designs of goods, or plants, not names. ![]()
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