How do I patent (or copyright) a Motorcyle Club Name?

My family/friends and I are starting a motorcylce club. We’ve come up with a name that everyone agrees on and looked on the internet to ensure that it wasn’t taken already. Besides the internet, where else can we confirm that no one has it?

AND, if they don’t. How do I patent (or copyright) the name, logo, and color scheme to make sure no one “steals” it?

Thanks so much!

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4 Responses to “How do I patent (or copyright) a Motorcyle Club Name?”

  1. luckypaopu says:

    I’m not sure of the legal mumbo, but you can write it in a letter, with an explanation of how it will be used, when you came up with it, and who it belongs to.

    After that, mail it to yourself and don’t open it. Should anyone ever steal your name, sue them and bring the unopened, sent letter (so that it has the postmark) as evidence.

    Hope that helps!

  2. bluff mike says:

    As soon as you drew up the design it belonged to you. That’s called putting it into a “media”.
    The trick is to prove that you did it first. You can register the copyright (I believe in your state capitol) for about $45

  3. dotsalas says:

    While I have extensive legal experience, the scope of your question goes beyond anything that I’ve encountered. HOWEVER, to determine your needs, let’s see what the meaning of the terms are:

    What is a trademark or service mark?

    A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, 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 a product. 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 all differ. A copyright protects an original artistic or literary work; a patent protects an invention. For copyright information, go to http://lcweb.loc.gov/copyright/. For patent information, go to http://www.uspto.gov/main/patents.htm.

    Also, I have dealt with obtaining names of corporations through the State of New Jersey, Secretary of State. What it looks like you want is just a club with a name that no one else can take, and that this would be a “non-profit” organization.

    Whether you choose a trademark, service mark or if you choose to incorporate, there are legal issues that you must explore before venturing into this unfamiliar territory since there may be legal requirements for service marks, trademarks, corporate entities as to liability and/or insurance issues or any other issues that you can be sued for as a member/president/owner of a corporation or service/trademark.

    I would definitely seek professional legal advice. In NJ you can contact the County Bar Association of the County in which you reside and obtain free legal advice or advice for a much-reduced fee if you go through that association. If you are in another state, I don’t know the laws of that state.

    I highly recommend that you seek the advice of professional counsel.

    If you need any further information, you may contact me. In the meantime, here is a website with basic information about trademarks: http://www.uspto.gov/web/offices/tac/doc/basic/

    Sincerely,

  4. warpceradview says:

    Do you really need a club or a name to have fun on your bikes? If so, try Pansy Floofloo Ding Dong Chapter 1. I am sure this name has not been taken. Or, this is old fashioned, try getting some denim jackets,needle and thread..