Names & Phrases

Names, titles, and short phrases or expressions are not subject to copyright protection. Even if a name, title, or short phrase is novel or distinctive or if it lends itself to a play on words, it cannot be protected by copyright, but might be protected by trademark law if it identifies and distinguishes a product or service.

A brand name, trade name, slogan, and phrase may be entitled to protection and registration under federal trademark laws. The federal trademark laws cover trademarks and service marks.

Federal trademark registration provides the protection of the U.S. government for any word, name, symbol, design or device or any combination used to identify and distinguish the goods or services of the trademark owner over those of others. A service mark is the same as a trademark, except that it identifies and distinguishes a service rather than a product.

If your proposed name is generic or otherwise cannot qualify for trademark registration, consider registering the copyright for any original artwork logo that accompanies the desired name.

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