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copyrighting a company name

Started by July 14, 2002 03:12 PM
7 comments, last by ManaStone 22 years, 4 months ago
How would I be able to copyright a name for a game company in the distant future? Do I just need to send myself a letter with all the information?
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That would IN THEORY work, but a court wouldn't like it as much as they would say, a legal trademark.

And for that, you're going to have to file some papers at your local government building. Look into trademarking names, in your area.

Its a very simple process, but it does cost a bit.

Also, make sure you actually file a business creation form. Be it a sole proprietorship (sp), a partnership, LLC, etc. You can't own a company, without doing that.

[edited by - GroZZleR on July 14, 2002 4:29:28 PM]
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I know the first step is putting your company name in a local newspaper. After that you have to fill out some forms. If you''re in the U.S., check out your states copyright office (do a search).


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I don''t really want to start a company yet; I just want to copyright the name for when I do. In order to copyright the name do I have to register it as a business?
-----------------------------Download my real time 3D RPG.
What you really want, as stated above, is a trademark. Copyrights are for a somewhat different purpose. They are used to protect intellectual property from being copied, but they wouldn''t necessarily protect a name to use in trade. In order to get a trademark you need to have what they call a bone'' fide intent to use it. In short, that means you have to make the trademark and use it in production within like 6 months of its creation. That would require you to form a company. I would recommend a LLC (Limited Liability Company). The reason is that they get all the benefits of being incorporated without the double taxation. Its like getting the best of both worlds. Hope that helps a little. Good luck.

Seth.
copyrighting merely means if i see it i cant copy it. it dont mean if i come up with the same name on my own i cant use it. in fact you cant copyright small phrases.

you need a trademark so that no one else in the same industry (ie video game/software development) is allowed to use the name. this means even if i come up with the name myself without seeing yours, i cant use it.

you will need to have an actual company that is producing things to trademark the name. since you cant trademark just a name, it has to be attached to something deemed intellectual property and represents something. words in and of themselves dont qualify. also another company can use the name as long as the original company is not using the name in that industry and it wont cause confusion.
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I believe LLC stands for Limited Liablity Corporation, which basically just means that the share / stock holders aren''t going to have their assets seized, in the event of a company failure.

Now, you _NEED_ to register a business before you trademark the name. Its just that simple. When you register a business, you''ll pay 6ish dollars to search a national database of registered businesses. If the name isn''t taken, you can register it.

The problem with that is, your name isn''t legally protected. Yes you can use the name and yes you can operate under that name (get merchant / bank accounts under that name, etc.) but its not legally protected. Thats why you need the trademark aswell.
It''s "Limited Liability Company," and there are no stockholders here because it''s private not public. The owner(s) of the company can''t be touched if it goes bankrupt (as opposed to a sole proprietorship or partnership), hence the "limited liability." A public company is a Corporation, which has shareholders. They have no responsibility for company assets, they just get paid dividends on the profit it makes. In fact if a company goes bankrupt they might actually get some money (if enough is left after the creditors are paid off, which is doubtful).
1. You can''t copyright a company name. Copyright is something completely different (to do with creative works) and not relevant.

2. If you register/set up a company then you can object if someone else tries to use the same name but ONLY if it is the same business. You could set up Ford Game Development Studios and Ford Motors could not stop you but you could not be in the motor trade and use the same name.

3. Trademarks - Once you have set up a company and you have a logo then that can be protected by registering it. However you can only do this as long as you are actually using the logo to trade. If you had a logo for a packat of biscuits (Pongo Chocs) and you stopped selling them, the trademark would lapse and someone else could come in and start using it after a few years.

Dan Marchant
Obscure Productions
Dan Marchant - Business Development Consultant
www.obscure.co.uk

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