very basic trademark question

[doug02346]

What is the name of your state (only U.S. law)? ma

I want to register the name of my company so that no one else can use it. What do I do? Copyright the name? Trademark it? Register the logo? All three?

Thanks!

Doug

 

[justalayman]

You can't copyright a name.

If you are already using the name and logo in commerce, that is the first step and actually what gives you a claim to the marks. You can register the name and logo in state and/or the federal registry to strengthen your claim to the marks. That also provides you other benefits should you need to defend your marks as yours.

 

[doug02346]

just a folow up question

Okay...I did a trademark search and someone already has the name "The athletic diabetic." Could I get away with a simple "athletic diabetic," And drop the "the?"

 

[quincy]

If someone is already using the name "The Athletic Diabetic," it is probably not wise for you to use the same name. There is likely to be a trademark challenge from the first user of the mark if you do and all the time, effort and money you have put into your business could be at risk. Dropping the "the" from a trademarked name is not enough to prevent you from being sued.

It is far safer to pick a name for your business that is unique to your business alone.

For more information on trademarks and registering a mark, you can go to the U.S. Patent and Trademark Office website: http://www.uspto.gov.