You’ve created a new name for your company or your product and, understandably, you want to protect it. So you look to getting a copyright registration for your name.
Unfortunately, “how to copyright a name” is not the correct question to be asking. This post will clear up this misconception and set you straight!
Can you copyright a name?
No. Copyright doesn’t protect names. Keep reading to find out HOW to protect your name.
(hint – we use trademarks!)
Why is “how to copyright a name” the wrong question to ask?
Let’s start at the beginning: “intellectual property” basically means “creations of the mind” that have rights and protection under the law. There are four types of intellectual property:
- Patents
- Trademarks
- Copyrights
- Trade Secrets
Copyright is a type of intellectual property that protects “original works of authorship.” When you have copyright rights, you have the exclusive right to make copies, make derivative works, publicly perform, and do many other things.
What kind of things have copyright protection? Copyright protects creative expression like photographs, drawings, writing, poems, dance choreography, sculpture, and software code.
Notice something missing there?
What DOESN’T copyright protect?
Missing in that list above is “names.” That’s because names aren’t protected by copyright law.
For protecting a name, you need to look at trademark law. Trademark, basically, protects names and “source identifiers,” so that consumers know the source of the goods and services they’re buying.
There are two reasons for having your trademark protected by the law:
- Protect consumers from getting things they weren’t expecting; and
- Protect companies from unfair competition from other companies stealing their names and the goodwill associated with them
This is why “how to copyright a name?” is the wrong question to ask. For the reasons I just pointed out, the government and the courts are very willing to protect your legitimate trademarks. If you’re wondering about using specific names within a game (like card names or character names), we cover the analysis in our post on whether you can use another game’s card names. Let’s find out how to do it.
Getting trademark protection: free and paid options
Here’s something many people don’t know: you already have free trademark protection the moment you start using a name to sell goods or services. This is called “common law” trademark protection — no filing, no fee. The catch: common law rights only cover the geographic area where you’re actually doing business.
For protection across the entire United States, you need to register with the USPTO. A federal registration:
- Puts everyone on legal notice that you own the name
- Gives you access to federal courts to sue for infringement
- Lets you use the ® symbol
- Provides a nationwide presumption that you’re the owner
Without registering your trademark, you’ll have a much harder time enforcing it when someone uses your name in a different city or state.
How do you register? This is done by filing through the USPTO’s website. The process requires a few steps, each one full of potential pitfalls:
- Clearance search to determine whether there are competitors out there with too-similar trademarks
- Figuring out the perfect description of goods or services, that gives you the broadest protection possible based on your use of the trademark
- Filing the initial trademark application and paying the fee ($350 per class of goods and services as of 2025 — see the USPTO fee schedule for current amounts)
- Responding to any refusals to register
Your application can be refused for a number of reasons. These can include a mistake on the application, another existing trademark that’s too similar, a claim that your trademark is generic or simply describes the goods or services, or many other reasons.
Knowing how to respond to these refusals is where having an attorney at your side can really help. Often, the attorney can avoid these refusals entirely, in a number of ways:
- doing a proper clearance search and making sure there are no obvious conflicts
- making sure there aren’t any errors in the application
- making sure that the evidence provided is sufficient
- otherwise ensuring that the whole application is done correctly
This can save time and money. If you make a mistake on the application, you could end up wasting the filing fees and having to start over. You could also potentially damage your rights by filing too narrow of an application. I can’t suggest it enough – get a professional to help you file the application. For guidance specific to game developers, see our post on how to protect your video game trademark.
How to Check If a Name Is Already Trademarked
Before you file anything, you need to know whether someone else already owns rights to that name. This is called a clearance search — and it’s the step most people skip.
The USPTO runs a free search tool called the Trademark Center at tmsearch.uspto.gov. You can search existing trademark registrations and pending applications by name. A clean result there is a good sign, but it doesn’t guarantee you’re safe: common law trademark rights exist even without registration, which is why a professional clearance search goes beyond just the USPTO database.
What you’re looking for: marks that are identical or confusingly similar to your name, in the same class of goods or services. Finding a similar mark doesn’t always mean you can’t use your name — it depends on how similar the marks are, how similar the goods are, and a number of other factors. That analysis is what an attorney is for.
Do this search before you spend money on branding, before you launch, and definitely before you file a trademark application. Finding a conflict after the fact is far more expensive than finding it before.
How long does it take?
Unfortunately, the trademark registration process isn’t very fast.
It can be three months before the USPTO even starts looking at your application and assigns it to an examining attorney. In total, the trademark registration process takes anywhere from 9–12 months, if everything goes smoothly. If there are office action refusals by the examiner, this can take even longer.
However, rest assured that your date of priority against competitors will be either your date of first use in commerce or your date of application. So even though the process is long, your start date remains the same.
What if you’re not using the name yet?
Luckily, the USPTO allows you to “reserve” your name through the use of an “intent to use” trademark application. If you have a bona fide intent to use the mark, you can get a priority date on the day you file the application. Then, once it’s approved, you have six months to file evidence that you’re using it.
In all, you’ll have about a year to 15 months to file that evidence. If you need more time, you can file for subsequent 6-month extensions, though each of them costs a $125 filing fee.
Protecting your name
Hopefully this article was helpful in explaining how trademark, not copyright, is the right way to go to protect your name. To get started on the application process, why not contact a trademark lawyer and set up a consultation? Let’s work together to protect your new name!
Frequently Asked Questions
Can you copyright a name?
No. Names, titles, slogans, and short phrases cannot be protected by copyright. Copyright protects original creative works like books, songs, artwork, and software code. To protect a name, you need trademark registration — which gives you exclusive rights to use that name to identify your goods or services.
What’s the difference between copyright and trademark for a name?
Copyright protects creative expression — writing, art, music, and software code. Trademark protects brand identifiers — names, logos, and slogans that distinguish your goods or services from competitors. A name like “Nike” is a trademark, not a copyright. If you want to protect a business name, product name, or brand, trademark is the right tool.
How much does it cost to trademark a name?
The USPTO’s base electronic filing fee is $350 per class of goods or services as of 2025. Add attorney fees of $800–$2,000 for a standard clearance search and application, and year-one total costs run $1,150–$2,350 for a single class. See the USPTO fee schedule for current government fees.
Can I trademark a name for free?
Common law trademark protection is free — it applies automatically when you start using a name to sell goods or services, with no filing required. The limitation: common law rights only protect you in the geographic area where you’re actually doing business. USPTO registration ($350 per class) extends those rights nationwide.
How long does trademark registration take?
The USPTO trademark registration process typically takes 9–12 months from filing to registration, assuming no office action refusals. The examining attorney usually begins reviewing your application within 3 months of filing. If you receive an office action, responding and resolving it adds additional time.