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ARTICLE · 15 JUNE 2022

Can I Copyright A Name, And Why A Trademark Might Be The Answer?

Settling on a name for a business, product or brand rightly feels like a milestone as it is the wording that consumers will associate with your market presence.

LuxembourgIntellectual Property

Settling on a name for a business, product or brand rightly feels like a milestone as it is the wording that consumers will associate with your market presence. Being the foundation of a commercial identity, you naturally want to make sure it belongs to you and you alone, which is why many people ask themselves: Can I copyright a name?

The answer is almost always no. Copyright law protects expressions of creativity such as novels, songs, films and visual works, but it does not extend to short words or phrases that lack sufficient authorship. Even though an especially long or unconventional name could theoretically be eligible, it would most likely be self-defeating in the marketplace.

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