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Q: Do I need a Trademark or a Copyright? Trademarks and copyrights are both issued by the federal government and protect two distinct types of intellectual property. Here are some key differences. A Trademark protects names, terms or symbols that are used to identify the products of a certain manufacturer or company. This includes brand names such as "Coca-Cola" and images such as Nike's famous "swoosh." As a trademark owner, you can sue for trademark infringement in federal court and prevent others from importing foreign goods that display your trademark. A Copyright protects original creative works such as books, movies, songs, paintings, photographs, websites and choreography. As a copyright owner, you can control how your work is reproduced, distributed and presented publicly. Incorporate Your Business with Biz Filings Don't operate as a sole proprietor! Protect assets. Gain tax advantages. Form Your LLC or Corporation Today! It's never been easier, or more affordable, to form your own company with BizFilings. Many successful entrepreneurs, such as the founders of Facebook, started their venture here! Spa Resources & Development Spas that enjoy long-term success have one thing in common - their operations are based on solid business practices. Resources & Development provides clients with proven business methods that help business owners thrive in virtually any economic condition. Download some great information from them using the links to the right. You've devoted time and effort to creating your original work. Now protect it with a federal copyright. With LegalZoom.com, copyrighting your work is fast and affordable. How to Trademark Your Company Name There is more to naming your business than just coming up with something that sounds good and you happen to like. Thought must be given to state and local requirements and making sure you don’t infringe upon the rights of someone else’s business name. Filing your company name with the U.S. Patent and Trademark Office can be relatively easy, but mistakes will cost you time and money. Although you can file on your own, it's a good idea to hire a trademark attorney or a trademark registration firm. Here's how to trademark your business's name. Decide whether to file for a trademark yourself, through an attorney or online through a trademark filing service. Verify that the name you want to trademark isn't already taken. Check with your state's secretary of state and against the U.S. Patent and Trademark Office (USPTO) database (see Resources below). A trademark attorney can handle this procedure for you. Be aware of companies with similar names, slogans and/or logos. Make alterations to your name before you begin the trademark process. You will need proof that this new altered name is the one you are doing business as (advertising materials work well for this purpose). Use the U.S. Patent and Trademark Office's Trademark Electronic Application System to submit your application online (see Resources below). The fee you pay will vary based on the applications of your trademark (whether it will be used for goods, services or both). You can choose to sign the form electronically or submit it unsigned and follow up with a hard copy of your signature. Complete the online form and wait for a response from the U.S. Patent and Trademark Office. The office will e-mail confirmation that they received your application, as well as a serial number you can use to track the status of your request. The waiting time for receiving a trademark can vary from six months to a year. A quick Internet search can alert you to names similar to yours. Differentiate your company name from similar companies by adding a logo, colors or a different font. If you don't register your company name with United States Patent and Trademark Office, you will have a hard time stopping a copycat from using it. To learn more about registering your trademark name or to apply online, go to the U.S. Patent and Trademark Office Web site. Submit your application online through the Trademark Electronic Application System. Search And Registration Trade names can be registered through state Secretary of State offices, and for wider marketplace protection, through the U.S. Patent and Trademark Office (USPTO Trademark Search). Businesses should first use the USPTO's online system to search all state and federal trademark registers to see if their proposed name is being used. How Business Structure Affects Business Names Helpful Article on Trademarking Domain Names For many businesses that operate on the Web, trade names are synonymous with domain names, such as Amazon.com and Monster.com. Domain names are not registered through state or local government; rather they can be obtained through numerous online businesses, most of which will allow you to conduct a name search prior to purchase to make sure your chosen name isn't taken.

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