Frequently I am asked if a name, title or phrase can be protected. The answer to this question is yes, they may be protected, but not under copyright law. Copyright law does not provide for the protection of such things, but trademark law does.

Trademark Law

A “trademark” is a word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others.

General speaking, trademarks perform four functions that are deserving of protection. Trademarks:

• Identify one seller’s goods and distinguish them from goods sold by others;

• Signify that all goods bearing the trademark come from or are controlled by a single, albeit anonymous, source;

• Signify that all goods bearing the trademark are of an equal level of quality; and

• Act as a prime instrument in advertising and selling the goods.

In addition to these four functions, it must also be kept in mind that a trademark is also the objective symbol of the good will that a business has built up. Without the identification function performed by trademarks, buyers would have no way of returning to buy products that they have used and liked. If this consumer satisfaction and preference is labeled “good will,” then a trademark finds its value in allow customers to develop affinity to a particular good or service and recognize this preference in the form of a positive feedback loop (i.e., increased and repeated purchases. That being the case, it is really the good will that is represented in the trademark that is valuable. In order to tap into this positive feeling a recognizable trademark must exist, but the key ingredient is having a product or service that customers like.

For more information on trademark protection see Applying for a Trademark.