Can I copyright a name, and why a trademark might be the answer?

The right Intellectual Property (IP) path for this business aspect is trademark protection. A registered trademark grants exclusive rights to use a name in connection with specific goods or services, creating a clear legal buffer against competitors. Not every name is suitable, however. Rather than generic or purely descriptive terms, only distinctive marks can be registered, and the boundaries shift depending on the area of trade. For example, Domino's carries more distinguishing character for a pizza chain than for a maker of tile-based games.

When a name meets this threshold, a registered trademark becomes more than a formality: It is a powerful legal safeguard for one of the most valuable intellectual assets any business can claim for itself.

Trademark protection vs. copyright protection

Trademarks and copyrights are often mentioned in the same breath, yet they have different roles. Knowing where and how to use each is crucial if you want to secure the proper defense for your IP portfolio.

A trademark acts as a signifier in the marketplace. It conveys the origin of goods or services and allows customers to tell one provider from another. Words, numbers, symbols, sounds and visual elements can all fulfill this purpose, and registering these marks with a national or regional office gives the owner tougher measures to block imitation by competitors and take action where infringement occurs. This is why business, product and, in rare cases, personal names may qualify, provided they stand out enough without unfairly restricting public communication or other enterprises.

Copyrights serve a very different function. They assure control over how creative works, from literature and music to films and visual art, are reproduced, adapted or distributed. Although copyrights play little role in protecting the names and slogans of commerce, they can easily apply to pictures and logos. However, unlike trademarks, which can be infinitely renewed, all copyrights must eventually expire.

Benefits of trademark rights

Safeguarding your business, brand or product name through trademark rights helps anchor your company's identity in solid legal bedrock. In addition to dissuading imitators, a registered mark can accumulate commercial value over time, attracting investors and even serving as collateral to support financing.

If you deliver your goods or services on a smaller scale, you may find that an unregistered trademark is sufficient to differentiate your offerings from those of the immediate competition, and for small, localized businesses, it may offer a degree of protection. A hair salon, for instance, might succeed on its reputation within the community without ever encountering conflict with another salon that happens to use a similar name in a different region.

The limits become clear, however, when growth is taken into account. Without registration, another party could claim the same or a similar mark, gaining stronger IP rights and hindering your ability to expand. Reputation may also prove challenging to uphold beyond a local market. Whereas by registering your mark, you secure nationwide (and potentially international) recognition, gain the right to sue infringers and create the footing for long-term brand value.

Trademark FAQs: choosing a suitable mark

Today, trademarks serve four main functions: to identify a commercial source, deliver a quality proposition, enhance market exposure and communicate a lifestyle promise. The first purpose is essential, being a requirement for registration, but not all trademarks go about it the same way.

Ignoring individual repute, word marks can be broadly grouped according to how closely associated with the relevant goods and services they are on their face. The less connected the trademark, the more likely it is to be distinctive (but not necessarily memorable).

• Fanciful: Entirely invented terms with no prior meaning, such as Rolex, a name founder Hans Wilsdorf described as being whispered into his ear by a "genie." Alternatively, these can be (unusual) words reshaped into something new, like Google from "googol" (the number 10¹⁰⁰). Since they carry no pre-existing connotations, these marks give businesses freedom to build distinct identities through branding.
• Arbitrary: Everyday words applied in unexpected contexts. Apple is the classic case, familiar in meaning but unrelated to computers or phones.
• Suggestive: Names that hint at qualities of the product or service without stating them outright. Netflix suggests entertainment and immediacy but leaves room for interpretation. These names can qualify for protection, though their distinctiveness is less absolute than fanciful or arbitrary terms.

Some choices are more problematic. Descriptive terms, which directly spell out a feature or use, can only gain protection if they acquire a recognizable secondary meaning in the consumer consciousness. One instance of this is the airline British Airways. Generic words are ineligible altogether. For instance, "clock" cannot be claimed for timepieces because it is the common name for the product itself.

Next steps in the trademark application process

Once you have chosen a suitable mark, the first task is to confirm that it is available. Begin with a search at the IP office in your home jurisdiction, then expand to major markets using databases such as:

• The United States Patent and Trademark Office (USPTO)
• The European Union Intellectual Property Office (EUIPO)
• The Global Brand Database of the World Intellectual Property Organization (WIPO)

Keep in mind that assistance from an experienced trademark attorney can help you navigate a trademark search more efficiently. Next, begin the trademark filing process. Here, it is vital to know and follow the steps outlined by your home trademark office, such as identifying what goods and services you want to register your mark for based on the Nice Classification system.

Once your application has been accepted by examiners, it will be published in the office's journal, opening a window during which owners of current registrations can oppose your mark's entry into the books if they believe it would impinge on their rights. Members of the public can also voice their objections during this stage, which generally lasts two or three months. If everything has gone smoothly, your trademark will be officially registered at the closure of the opposition period.

Ready to trademark a name? Contact the Dennemeyer team for help applying for legal protection nationally or around the globe.