How do I get my name rights?
Key takeaway: To register and trademark your brand name, search the TESS database for similar brand names, fill out the trademark application and submit it to the USPTO for review.
Fees to trademark a business name
When filing an application to trademark your business name on a federal level through the USPTO, you should count on paying between $250 and $750.
Trademarks, patents, and copyrights are different types of intellectual property. The USPTO grants patents and registers trademarks.
Your legal name is the name you're generally called and known by. It is common ground that a surname in common law is simply the name by which a person is generally known[.]
A private entity usually pays for the naming rights periodically. About ninety-five percent of all sports facilities constructed since 1990 have a naming rights deal." The price ranges from $4 million to over $200 million, with terms of the agreements ranging from five to thirty-one years.
The name of a person can also be trademarked if the persons earn through such a name. Or such a person can allow his name to be used by any other person. In this case, the applicant has to provide NOC from the person whose name has been used. These types of trademarks are very common for celebrities.
In most instances a person cannot simply copyright or trademark their own name. Copyright and trademark law does protect names in certain contexts, but not simply as your own name. However, if you are concerned with the unauthorized commercial use of your name, Maine law protects against that.
In the United States, going without a name is not inherently illegal. Police won't arrest you for not having a name. But you can't legally identify yourself without one, which would make things difficult for you.
Benefits of Registering a Trademark
A presumption of ownership in the entire United States. The ability to obtain trademarks (and the accompanying trademark protections) in other countries. Protection under the federal Anticybersquatting Consumer Protection Act.
The answer is that a registered trademark gives you the exclusive right to use your business name nationwide in connection with the goods and services you've identified in your registration, and allows you to enforce your trademark by filing a lawsuit in federal court.
Can you own someone else's name?
Steele: In most cases, it is unlawful. Under U.S. law 15 § U.S.C. 1129, it is unlawful to register a domain name that consists of, or is similar to, the name of another living person without their consent (note there are few exceptions).
Its perfectly legal to have more than one name. As rightly mentioned above they are known as aliases.
First name and surname
Each part has a different legal basis and history. (For most people — your title is not a part of your legal name. A title of nobility though is different — it's another separate part of your legal name.) It isn't a legal requirement to have either a first name or a surname.
NO. Not unless you are a celebrity (informally). But in legal documents, you must have 2 names.
For properties such as multi-purpose arenas, performing arts venues, or sports fields, the term ranges from three to 20 years. Longer terms are more common for higher profile venues such as professional sports facilities.
A naming law restricts the names that parents can legally give to their children, usually to protect the child from being given an offensive or embarrassing name. Many countries around the world have such laws, with most governing the meaning of the name, while some only govern the scripts in which it is written.
One of the most common examples of selling naming rights is within the context of professional sports. Because most professional sports arenas, stadiums, fields, and tracks are publicly owned, there are many instances where they have been renamed by banking, telecom communications, and other private firms.
A patent which grants ownership of an invention, but it won't pay you. There are a few ways you can generate a profit from your idea. A patent is an important document which grants ownership to an invention. However, simply owning a patent won't generate a dime for the inventor.
A trademark is the only way to prevent others from using the name and gives you legal recourse should someone attempt to use it. Create a description of your services and products that the business name represents. Obtain an application from the U.S. Patent and Trademark Office.
Typically, you may legally change your name to whatever name you'd like, although state marriage laws may also provide some additional legal guidance. There are some exceptions though. For example, you can't: Change your name to escape debt liability or hide from criminal liability.
What names can't you change your name to?
- Names containing diacritical marks (accents, umlauts, etc.) ...
- Names containing numbers, e.g. Super8, or 4Real. ...
- Vulgar, offensive or blasphemous names. ...
- Trademarks or coyprighted names. ...
- Other "unusual" names and changes made for a frivolous purpose.
- Proper names or likenesses without consent from the person.
- Generic terms, phrases, or the like.
- Government symbols or insignia.
- Vulgar or disparaging words or phrases.
- The likeness of a U.S. President, former or current.
- Immoral, deceptive, or scandalous words or symbols.
- Sounds or short motifs.
adj.unknown, anonymous.
nameless. / (ˈneɪmlɪs) / adjective. without a name; anonymous.
The hospital may ask you to fill out the birth certificate before you leave. But if you need more time, you do not have to decide at the hospital. If you do not choose a name within 10 days, the state will make a birth certificate for “baby boy” or “baby girl” with the mother's last name.
Is It Better to Trademark or LLC? No, it is not better. Trademarks and LLCs work together and a business needs both for complete legal protection. An LLC will help to protect your personal assets if your business is sued, while a trademark will prevent others from using your brand identity without permission.
Without registering your brands, names and logos as trademarks you do not necessarily have the right to use them. Secondly, which follows from above, is that without trademark registration then through use and promotion of your names and logos you might be inadvertently infringing somebody else's registered trademark.
Having a registered trademark can save you from facing the costs of reprinting your business cards, stationery, advertising and signs, when another company already has a similar or the very same name. It prevents confusion and the loss of customers who can no longer find your business, due to an unexpected name change.
If there is a trademark in place for his or her company and someone else created a new entity with the same name, this owner can pursue a legal claim and contact a lawyer for a legal remedy.
A trademark typically protects brand names and logos used on goods and services. A patent protects an invention. A copyright protects an original artistic or literary work.
Does a trademark mean you own the name?
Intellectual property rights such as trademarks give you property rights similar to the ownership of physical property. Just as you wouldn't develop land without first making sure you owned it, so you need to own a name if you're going to build your brand around it.
In most states, you can be sued for using someone else's name, likeness, or other personal attributes without permission for an exploitative purpose. Usually, people run into trouble in this area when they use someone's name or photograph in a commercial setting, such as in advertising or other promotional activities.
In trademark infringement cases, courts look at whether consumers would be confused by two businesses that operate in the same industry. Essentially, if your name is likely to cause consumer confusion because it's the same or like another business name, then you cannot use that name.
If you'd like to take your unmarried partner's last name, you can do so with a court order, but you'll need to follow your state's guidelines and restrictions.
In single name cases (as opposed to situations where both owners' names are on the deeds) the starting point is that the 'non-owner' (the party whose name is not on the deeds) has no rights over the property. They must therefore establish what is called in law a “beneficial interest”.
The practice of sending a copy of your own work to yourself is sometimes called a “poor man's copyright.” There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.
The judge usually requires a hearing before approving a child's name change without both parents' consent. The hearing is called a "prove up" or an "uncontested" hearing. This is a short hearing where the judge can ask you some questions before deciding whether to approve the child's name change.
Trademarking your name gives you an additional brand and keeps others from using your name. To trademark your name you must meet specific requirements with the U.S. Patent and Trademark Office (USPTO). Learn more about the qualifications for trademarking a personal name and the best types of names to trademark.
It doesn't matter whose name is on the deed or whose name is on the mortgage. Nine times out of 10 what matters is when the house was purchased and with what type of funds it was purchased. So in your most typical example, a house is purchased during the marriage.
You own your home – either all or part of it – if your name is on a legal document called the title deeds.
Do title deeds prove ownership?
Title deeds are a series of documents which prove the ownership of a property and the history of its ownership. They will include documents which cover mortgages, lease information, contracts as well as any wills or conveyancing.
Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks.
The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years.
Copyright infringement is also a criminal offence. Under the Copyright Act, a judge can fine you and even send you to a prison as punishment for infringement.
Who Has the Right to Name a Child? Both parents have the right to name their children. If either you or the other parent want to change your child's name, you both have to agree to the change. If the other parent refuses to give consent, then you need to get approval from the court.
Parents have the right to name or change the name of their children. A father's right to change a child's name requires establishing paternity and being listed on the child's birth certificate.
Once you're 16 years old, it's legally your own decision to change your name. If you're 16 or 17, you're treated in the same way as an adult, and you can change your own name (by deed poll) without your parents' consent. (And your parents cannot change your name for you without your own consent.)
Registering a trademark for your personal name can be a good way to protect yourself from people who want to profit by using your name without your authorization. It can also help if you are a victim of cybersquatting.
If the name is a personal name you may use it a trademark, as long as a namesake does not beat you to the punch, meaning that your proposed personal name would not cause a likelihood of confusion with a similar name already in use for related goods or services.
Before you apply, you should search the USPTO's trademark database (Trademark Electronic Search System, or TESS) to see if any trademark has already been registered or applied for that is: Similar to your trademark.