Businesses often assume that choosing a name automatically gives them ownership rights. In reality, brand protection depends on which legal framework applies and how protection is pursued. Understanding why names cannot be copyrighted — and what to do instead — is essential for avoiding costly mistakes and enforcement issues later.
No, names cannot be copyrighted. Under the U.S. Copyright Act, copyright protection applies only to original works of authorship fixed in a tangible medium of expression. This includes books, artwork, music, films, and software — but not names, titles, short phrases, or slogans.
The U.S. Copyright Office explicitly states that it does not register names of businesses, brand names, product names, titles of books, movies, or songs, or short phrases and taglines.
This rule exists because copyright law protects creative expression, not identifiers. A name’s purpose is to identify the source of goods or services, which places it outside the scope of copyright protection.
Copyright law requires a minimum level of creativity. Names, even when clever or unique, are considered too short and functional to qualify. Allowing exclusive copyright ownership of names would also create unfair monopolies over language and common identifiers.
For businesses, this means filing a copyright application will not stop others from using a similar or identical name. Even if a business name appears in a copyrighted logo or website, the copyright only protects the design or content — not the name itself.
This is where many businesses unintentionally expose themselves to risk by relying on the wrong form of protection.
Trademark Law Is the Correct Legal Tool
While you cannot copyright a name, you can often trademark a business name. Trademark law exists specifically to protect brand names, company names, logos, product names, and slogans (in some cases). The USPTO explains that a trademark protects names when they are used in commerce to identify the source of goods or services and distinguish them from competitors.
Businesses seeking name protection should focus on trademark strategy, not copyright filings. Learn more about trademark protection through our trademark attorney services.
Many business owners search for how to copyright a business name, but the phrase itself reflects a common misconception. There is no legal process to copyright a name alone.
What businesses are often trying to accomplish is preventing others from using a similar name, securing brand exclusivity, avoiding consumer confusion, and gaining enforcement rights. Those goals are achieved through trademark registration, not copyright.
Using the wrong terminology often leads businesses to file unnecessary or ineffective applications, leaving their brand exposed despite good intentions.
Trademark protection can arise in two ways:
Common Law Trademark Rights
These rights arise automatically when a name is used in commerce. However, they do not offer the same degree of protection as a federally registered trademark. Common law trademarks are limited to geographic areas of actual use, difficult to enforce, and weaker in disputes with federally registered trademarks.
Federal Trademark Registration
Registering a trademark with the U.S. Patent and Trademark Office (USPTO) provides nationwide priority, public notice of ownership, strong enforcement rights, access to federal courts, and deterrence against infringers. Federal registration is the strongest way to protect a business name long-term.
Protecting a business name requires more than filing paperwork. A compliant process typically includes:
| Step | Purpose |
|---|---|
| Trademark clearance search | Identifies existing trademarks that could block registration or create legal risk |
| Application filing | Defines ownership, goods/services, and basis for protection |
| USPTO examination | Government review for conflicts, descriptiveness, and compliance |
| Registration and maintenance | Confirms rights and requires ongoing use and renewals |
Mistakes at any stage can delay registration or permanently block protection.
For risk mitigation, many businesses start with a legal risk assessment before launching a brand publicly.
Assuming an LLC or Corporation Name Provides Protection
Registering a business entity with a state does not grant trademark rights. State business registries do not check for trademark conflicts and do not prevent infringement claims.
Relying on Domain or Social Media Availability
Owning a domain or username does not create trademark rights. Platforms do not resolve legal priority disputes.
Filing a Copyright Application Instead of a Trademark
Copyright filings for logos or websites do not protect the underlying name.
Skipping Clearance Searches
Failing to search before launch is one of the most expensive mistakes businesses make, often leading to forced rebrands or infringement disputes.
A name may appear within a copyrighted work, such as a logo design, marketing materials, or website copy. However, the copyright only protects the creative work — not the name itself. Another business may still legally use the same name if trademark law allows it.
This distinction is critical in enforcement disputes and often misunderstood.
Legal review is strongly recommended when launching a new business or product, expanding into new markets, rebranding, licensing or selling a brand, or facing a cease-and-desist letter.
An experienced attorney can align trademark strategy with business goals and reduce long-term exposure. For startups navigating these decisions, our startup law services provide foundational legal support. Explore additional guidance through our Trademarks & Copyrights services.
If you are unsure whether your business name is protected — or discover that it is not — proactive legal planning can prevent costly disputes later. Our team helps businesses evaluate brand risk, pursue trademark protection, and enforce their rights nationwide. Contact The Social Media Law Firm to discuss your brand protection strategy.
No. Even highly creative or unique names are not eligible for copyright protection. Trademark law, not copyright law, governs name protection.
No. State business registration only prevents duplicate entity names within that state registry. It does not provide trademark rights or prevent infringement claims.
Yes, if they meet legal requirements and you do not have prior trademark rights. This is why early clearance and registration matter.
Slogans cannot be copyrighted either, but they may qualify for trademark protection if they identify the source of goods or services and are not purely descriptive.
Author
Ethan Wall, Esq.
Founding Attorney, The Social Media Law Firm l Nationally Recognized Social Media Lawyer
Legal Disclaimer: This content is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship.
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