Copyright & Pen names:
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You can copyright a work with a pseudonym.
An author of a copyrighted work can use a pseudonym or pen name. A work is pseudonymous if the author is identified on copies or phonorecords of the work by a fictitious name. Nicknames and other diminutive forms of legal names are not considered fictitious. Copyright does not protect pseudonyms or other names. . . . If you write under a pseudonym but want to be identified by your legal name in the Copyright Office?s records, give your legal name and your pseudonym on your application for copyright registration. Check ?pseudonymous? on the application if the author is identified on copies of the work only under a fictitious name and if the work is not made for hire. Give the pseudonym where indicated. . . . If you write under a pseudonym and do not want to have your identity revealed in the Copyright Office?s records, give your pseudonym and identify it as such on your application. You can leave blank the space for the name of the author. If an author?s name is given, it will become part of the Office?s online public records, which are accessible by Internet. The information cannot later be removed from the public records. You must identify your citizenship or domicile. . . . In no case should you omit the name of the copyright claimant. You can use a pseudonym for the claimant name. But be aware that if a copyright is held under a fictitious name, business dealings involving the copyrighted property may raise questions about its ownership. Consult an attorney for legal advice on this matter. . . . [?Pseudonyms? United States Copyright Office, 17 Febraury 2012 <http://www.copyright.gov/fls/fl101.html> emphasis added]
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Trademarks (US):
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Yes, you can trademark a name.
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What is a trademark or service mark?
? A trademark is a word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others.
? A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than goods. Throughout this booklet, the terms ?trademark? and ?mark? refer to both trademarks and service marks. Do Trademarks, Copyrights, and Patents protect the same things? No. Trademarks, copyrights, and patents protect different types of intellectual property. A trademark typically protects brand names and logos used on goods and services. A copyright protects an original artistic or literary work. A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself. You would apply to register a trademark to protect the brand name of the vacuum cleaner. And you might register a copyright for the TV commercial that you use to market the product.
[http://www.uspto.gov/trademarks/basics/BasicFacts_with_correct_links.pdf]
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suggestive or evocative marks - made-up????????????????????? words that suggest or evoke qualities of the product or service????????????????????? (Slim-Fast, Expedia)
coined or fanciful marks - arbitrary made-up????????????????????? words (Exxon, Kleenex, Viagra)
arbitrary marks - words that are surprising????????????????????? or unexpected in the context of their use (Sprite soft drink,????????????????????? Amazon online bookstore)
unique logos or symbols - distinctive typography????????????????????? or artwork (McDonald's golden arches, the Playboy bunny, IBM's????????????????????? logo)
. . .
Marks that describe a feature of the product, or that are????????????????????? based upon a person's name or geographical location, are generally????????????????????? unprotectable. However, once the owner can demonstrate public????????????????????? awareness of the mark through advertising, product sales or????????????????????? other means, then it develops a "secondary meaning"????????????????????? and may be registered. Examples include:
. . .
people's names (Ben & Jerry's, Calvin????????????????????? Klein, Procter & Gamble)
geographic terms (Bank of America, New York????????????????????? Life)
words that describe the product or service - (Burger King, Jiffy Lube)
slogans - "Just do it" (Nike),????????????????????? "We do chicken right" (KFC), "Quality is job????????????????????? 1" (Ford)
[http://rinaldi-rinaldi.info/Whatcan.html ]
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http://www.legalzoom.com/intellectual-property-rights/trademarks/should-you-trademark-your-name
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Walton
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