Can I copyright a business name?

In Minnesota, it is possible to copyright a business name if it is distinctive enough. Generally, a business name can be copyrighted with either a federal trademark registration or a state trademark registration. In order to obtain a federal trademark registration, the business name must be distinctive, meaning it must be original and not similar to any existing registered trademarks. Additionally, it must be in use in commerce. On the other hand, a state trademark registration will still protect a business name within the state, regardless of the uniqueness. In order to copyright a business name, one must first determine if it is unique enough to qualify for trademark protection. If so, then the business owner should do a search on the United States Patents and Trademarks Office (USPTO) website to make sure that there are no other similar trademarks in the system. If a similar mark exists, then the business owner may need to modify the name in order to make it distinctive enough for protection. Once the business name is determined to be unique, the business owner should then file an application with the appropriate entity in charge of the registration—either the USPTO or the Minnesota State Trademarks Office. After the filing fee is paid, a Certificate of Registration may be issued, and the business will have the exclusive rights to its name. In short, a business name can be copyrighted in Minnesota, but it must first meet certain criteria in order to qualify for trademark protection. Once it does qualify, the business owner should take the necessary steps to secure the copyright.

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