Legal Question in Intellectual Property in New Jersey

Copywriting or trade marking a name for a franchise

Hello,

I have an idea for a childrens book. I have the name all set-up, and I was wondering if there is a way to copyright or trademark my name for possible book publishing and other franchise perks such as toys and coloring books and merchandising? Example being...let's say i created ''south park'', but have no drawings or anything but a name and ideas....how would i go about copyrighting or trademarking the name ''south park'' so noone else can use it before my materials are published?

Thank you

DARREN


Asked on 6/04/07, 1:17 pm

1 Answer from Attorneys
Daniel Pepper Pepper Law Group, LLC

Re: Copywriting or trade marking a name for a franchise

You are generally not able to copyright a name of a book - just the written content within it.

You may be able to trademark the name if it associated with other merchandise as you've described. You can begin the federal trademark registration process prior to actual use by filing a 1(b), or intent to use, application. However trademark rights arise upon actual use, not registration.

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Answered on 6/04/07, 1:23 pm


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