# Trademark or Copywrite question. **URL:** \ **Category:** Factual Questions\ **Created:** [December 2, 2011, 2:15am UTC](https://boards.straightdope.com/t/trademark-or-copywrite-question/604782 "2011-12-02T02:15:34Z")\ **Posts on this page:** 4\ **Page:** 1
**Author:** ![Curious\_Mike](https://avatars.discourse-cdn.com/v4/letter/c/f04885/32.png) [@Curious\_Mike](https://boards.straightdope.com/u/Curious_Mike)\ **Post date:** [December 2, 2011, 2:15am UTC](https://boards.straightdope.com/t/trademark-or-copywrite-question/604782/1 "2011-12-02T02:15:34Z")
I am asking for general information only. YANML Suppose I have a business idea, and what I believe is the mother of all business names. How do you go about legally registering that business name considering that it may be a couple of years before I can bring a product to market? Can I do this on the federal level far nationwide trademark or do I have to register on the state level, or both? I realize that I might have the terms TM/C mixed up. Fight my ignorance on that. What I really need to know is which government agency to contact. Do I need professional legal help? How much should this cost? ---
**Author:** ![Isamu](https://avatars.discourse-cdn.com/v4/letter/i/7c8e57/32.png) [@Isamu](https://boards.straightdope.com/u/Isamu)\ **Post date:** [December 2, 2011, 2:34am UTC](https://boards.straightdope.com/t/trademark-or-copywrite-question/604782/2 "2011-12-02T02:34:11Z")
If you have the “mother of all business names” its very likely that it may not be registerable as a trademark because it is too descriptive of the actual service supplied. Anyway, to protect the name, assuming it is protectable, you should talk to a trademark attorney or trademark agent. You’ll also want to secure the domain name. It will probably cost you between 1000 and 5000 US dollars depending on who you go to and how difficult it all is. ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [December 2, 2011, 3:26am UTC](https://boards.straightdope.com/t/trademark-or-copywrite-question/604782/3 "2011-12-02T03:26:27Z")
The [Small Business Administration](http://www.sba.gov/content/5-steps-registering-your-business) has advice on this. > [@](#): > > 1. Register Your Business Name > > “Doing Business As,” “DBA,” “Assumed Name,” and “Fictitious Name” are terms that are used to describe the process of registering a legal name for your business. > > By default, the legal name of a business is the name of the person or entity that owns a business. If you are the sole owner of your business, its legal name is your full name. If your business is a partnership, the legal name is the name given in your partnership agreement or the last names of the partners. For limited liability corporations (LLCs) and corporations, the business’ legal name is the one that was registered with the state government. > > Your business’ legal name is required on all government forms and applications, including your application for employer tax identifications, licenses and permits. However, if you want to open a shop or sell your products under a different name, then you may have to file an “assumed name” registration form with your state and local government. > > Visit the [Registering Your Doing Business As Name guide](http://www.sba.gov/content/register-your-fictitious-or-doing-business-dba-name) to learn about the requirements in your state. I have two DBAs. Took a few minutes to fill out a form and a payment of $35 each. After you have one a bank will allow you to start an account under that name, you can use it for a post office box, and lots of other useful things. When you start your business you may need to get a trademark or service mark. That will be more costly, as Isamu indicates. And a general nitpick. The word is copy **right** , as in the right to control copying. It has nothing to do with writing, since copyright can apply to any medium, including music, photography, film, dress designs, architectural drawings, maps, and many more. ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [February 7, 2012, 4:45pm UTC](https://boards.straightdope.com/t/trademark-or-copywrite-question/604782/4 "2012-02-07T16:45:44Z")
> [@Curious\_Mike](#): > > Suppose I have a business idea, and what I believe is the mother of all business names. How do you go about legally registering that business name considering that it may be a couple of years before I can bring a product to market? If you have evidence that you have genuine plans to use a mark in commerce (i.e., tied to the provision of goods or services) you can file an “intent to use” application with the Patent and Trademark Office. You can also register your business name with the state government. It depends on the state, but in many states, business name registrations are handled by the secretary of state. As others have said, you should consult a lawyer. > [@](#): > > Can I do this on the federal level far nationwide trademark or do I have to register on the state level, or both? You can register a nationwide trademark with the Patent and Trademark Office, but your geographic rights might still be restricted based on the actual extent of your business. Most states also allow you to register trademarks. Whether you should do either or both is something that competent counsel can tell you. You can also build up trademark rights without registering at all. Unregistered trademarks are protected at both the federal and state levels. > [@](#): > > I realize that I might have the terms TM/C mixed up. Fight my ignorance on that. Trademark law pertains to the use of a mark (usually words or images) that is used in commerce to identify the source of goods or services. Copyright law pertains to a series of exclusive rights in an original, creative work of expression, like a book or a movie or a musical composition.