Legal Question in Intellectual Property in Pennsylvania

copyright

Can you please tell me what are the proper legal forms to protect a name for a clothing business I want to do. I just don't want nobody taking my name brand.


Asked on 3/05/07, 4:38 pm

2 Answers from Attorneys

Daniel Pepper Pepper Law Group, LLC

Re: copyright

A trademark protects business names. www.uspto.gov has more information on how to apply for a federal trademark.

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Answered on 3/05/07, 4:45 pm
Gerry Elman Elman Technology Law, P.C.

Re: copyright

I beg to differ a bit with the previous respondent. A "trade name" is the name of a business, and it is not the same as a trademark. A trademark can be one or more words, with or without graphics, that can distinguish the goods or services of a business from those of others. Thus Ford Motor Co. is a trade name, whereas the word Ford in a blue oval is one of the company's trademarks for vehicles.

In Pennsylvania, if one operates a business under a name other than that of the proprietor, one is obliged to register the "fictitious name" with the government. A fictitious name registration protects the public from fly-by-nighters, rather than protecting the businessman from others with similar names.

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Answered on 3/05/07, 5:17 pm


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