What do i need to do to copyright a logo and business name? bythe way I live in Indiana?
I am starting a photography business, first i will be working from home. I have come up with the name and logo for the studio i will eventually open. how do i go about registering all this so i won’t have any legal problems, i want to copyright the name and logo as well.
You’ll actually want to trademark your business logo & name. (Copyrights will be for your copy collateral-brochures, website, etc.) Trademarks are registered on the federal level, not state by state. Trademarks are issued for names of products or services, so your business name may not qualify for registration. You may have some protection under your state or local laws.
The basic process is
1) Find a name that no one else has registered (or is planning to register) by conducting a search.
(You can do a really informal search yourself at uspto.gov, but for a really thorough search you’ll likely need to hire a search firm)
2) Start using your name & mark it with a TM.
3) Complete forms, submit drawings & pay $$.
I really really recommend you visit Nolo Press
Naming your Business: http://www.nolo.com/resource.cfm/catID/7037786D-4688-4C4E-947C609C7CCFE81A/111/228/195/
Trademarks: http://www.nolo.com/resource.cfm/catID/D8932879-DC34-43DF-BF65FC92D55FEE5D/310/274/.
They are an awesome resource for DIY legal work & are really accessible – you don’t need to be a paralegal to understand their materials.
Good luck in your new venture!
You wouldn’t copyright it. Copyrights can be obtained for things of an artistic nature. This includes, of course, poetry, films, sculptures, music, fiction, etc. But can also include things that may not necessarily seem "artistic" in the general sense of the word. Copyrights can also be obtained for advertising copy, games, software programs and blueprints, to name just a few.
To protect a business name within your industry, you would apply for a trademark.
Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry.
Of course, it’s necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party.
This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.
To register a trademark, that’s done either through your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark.
If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct (OR are planning to conduct) business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.
Hope that helps! I wish you much success & happiness in all your ventures!