How Do I Register A Clown Name

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Many writers choose to use a pen proper name for many reasons, including to protect their identity when writing a memoir or to write in different genres. In that location'south no real legal process to using a pen name – typically you tin merely option one and utilize it. While most states take laws requiring people doing business under another proper noun to register with the land, these laws generally don't apply to writers using pen names. Even so, you lot may want to register your pen name for trademark protection and be aware of the potential contractual and copyright consequences of creating piece of work under an assumed proper noun.^[one]

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Begin possibilities. If you don't already have a pen name in mind, come up with some possibilities that you tin can evaluate. You might want to choose a pen proper name that is related to your real name, or that reflects an event that happened in your life.^[2]
- Keep in mind that the pen proper name yous choose volition go a part of you. In that location will exist people who know y'all and address y'all by that proper name, and so it needs to be something with which you feel comfortable.
- The pen name you cull may depend to some extent on your reasons for choosing it. For example, if you write primarily literary fiction but want to write romance or erotic fiction nether a different name, your pen proper name might have a flowery, romantic bent.
- When considering possible pen names, you also may want to go on in listen how anonymous you lot want to be. If yous're not terribly concerned about people discovering your true identity, you lot might choose your middle proper name combined with a variation of your last name.
- Nonetheless, if y'all want to accept every pace to ensure your real identity is undetectable, y'all want to pick a name as far removed from your legal name, or the names of those close to you, as possible.
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Avoid famous names. Search advisedly to make sure the pen proper name you've called isn't the name of a celebrity or historical figure. A pen proper name shared past a famous person not only creates a likelihood of confusion, only could get you into legal problem for identity theft.^[3]
- Conduct initial searches of possible pen names online to find out if they're associated with a famous person yous may not know. Keep in mind y'all're not merely looking for celebrities, just also people who are well-known or of import figures in their fields.
- Modest differences probably won't make much departure if the famous person has a pregnant and renowned profile. For instance, if you've chosen "Maria De La Curie" as a possible pen name, information technology may be too close to the name of famous scientist Marie Curie to work for yous.
- Some last names, such as Hilton or Trump, are too well associated with famous people to piece of work as a pen name, even if the start name is significantly unlike.
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Brand sure your called name is available. Once you've chosen a adept proper name, search for it on the internet and in various databases to ostend someone else isn't already using information technology. If there'south already an author with the aforementioned name, readers volition have difficulty distinguishing between you and you could run into problems trying to register the proper name.^[4]
- Bookstore websites are a practiced identify to outset. Search your pen proper noun every bit an writer name and meet what comes upwardly. If someone else is already using the same name, you should consider choosing something different.
- The U.Southward. Copyright Function has a searchable database of registered copyrights on its website that you can employ. If the name comes up, this ways other copyrighted works are registered nether that name.
- Don't forget to do a general online search for the name, which could turn up social media accounts and other stories involving people with the same proper name.
- As long every bit the name isn't shared by someone who also is a writer, your pen proper name may be skillful to go. However, y'all want to consider your power to gear up up social media accounts nether that name if it's a mutual name that others are using.
- Y'all too want to advisedly review any news articles that come when you search your pen proper noun. Pretend you're a reader trying to find out more than information near your favorite writer. Fifty-fifty if articles aren't really you, i of your readers wouldn't necessarily know that.
- For example, if y'all search your chosen name and detect out a notorious killer in Michigan shares that same proper name, you may want to go with something else – even if you have never visited the state. The risk of confusion may non exist worth it.
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Bear a trademark search. If y'all're planning on trademarking your called pen name, it's a good thought to go ahead and do a trademark search before you settle on the name. You won't be able to register it if someone else already has.^[five]
- The U.Due south. Patent and Trademark Office (USPTO) has a searchable database of active and pending registrations on its website.
- In addition to searching for the specific pen name you've chosen, you lot also desire to search for similar names that could easily be confused with yours.
- Film, television, and video game companies frequently register trademarks for electric current and potential graphic symbol names, particularly in popular and long-running franchises. If your name comes upwards under ane of these registrations, you lot'll want to pick something unlike.
- Go on in mind that if your proper name comes up in the USPTO database, yous probably want to choose a unlike name even if y'all don't program on registering a trademark in the proper name.
- If a trademark is already registered past someone else, you run the gamble of getting sued for trademark infringement if you use it.
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Establish accounts under your pen proper noun. After you've cleared your called name and confirmed information technology's bachelor for you to utilize, become ahead and create an electronic mail address under your pen proper noun and reserve the domain.^[vi]
- You can claim a domain name relatively cheaply, fifty-fifty if you don't plan on creating a website for your pen name however.
- Create an email accost using a costless email service, or become an e-mail address associated with your pen name's domain through the company with which you registered the domain name.
- Become ahead and claim social media account names on popular social media sites yous recall you might use.
- You'll need social media accounts to market place and publicize your writing, and information technology's a good idea to become the initial set-up out of the way even if you don't think you'll need them for awhile.
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Consider adding a layer of protection. If your purpose in using a pen name is to keep your existent identity from beingness discovered, you may want to consider creating a corporation or LLC to use for registrations that will go a affair of public record.^[7]
- Arizona is the only land that allows the creation of an anonymous LLC, and the process is rather complex and requires hiring an attorney.
- Still, even if the LLC is in your name, anyone trying to detect your identity would accept to find the LLC documents in the database of the state in which you formed your LLC.
- It's not a fool-proof style of concealing your identity, but it does provide an actress layer of protection. Otherwise, your legal proper noun would be clearly displayed on whatever documents for copyright or trademark registration, which are public records.
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Confirm your eligibility for copyright registration. Since y'all can't copyright unmarried words or short phrases, you won't be able to annals a copyright in the pen name itself. All the same, you can register your copyright in the works you create nether that name.^[8]
- Copyright gives you lot the exclusive rights to reproduce and distribute your written piece of work. Keep in listen that copyright doesn't protect ideas, only completed creative work – so you accept to actually consummate your story or other writing before it will be eligible for copyright.
- You accept copyright protection from the moment you create your work. However, you must register your copyright with the U.S. Copyright Role if you desire to be able to sue people who infringe your copyright.
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Download an application. The U.S. Copyright Office has a copy of the registration awarding on its website, which y'all can fill out online, or download and print information technology if you prefer to post a paper application.^[nine] ^[10]
- If you fill out your registration application online, you'll have the ability to check the status of your application at any time. You lot'll as well pay a lower registration fee.
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Decide whether you want to reveal your real name. The length of time you volition enjoy copyright protection depends on whether y'all register it as a pseudonymous piece of work or register it in your legal name and include the pen name you lot wrote under.^[11] ^[12]
- The awarding requires you to provide the championship of your piece of work, the type of work information technology is, and the date it was created.
- You besides must include data virtually the author of the piece of work. This is the portion of the application in which y'all must make a decision whether to register the copyright in the work under your real name.
- If yous desire to be identified past your real name in Copyright Office records, check the box marked "pseudonymous" and provide your pen name where required. Y'all so will list your existent proper noun equally the copyright claimant.
- If you don't want to be identified by your existent proper noun in Copyright Office records, use your pen name as the copyright claimant. Brand sure yous still check the "pseudonymous" box.
- Copyrights registered under pen names simply final for 95 years from publication or 120 years from creation, whichever comes outset. Withal, if you use your legal proper noun as the claimant, your copyright protection volition final for your entire life plus lxx years.
- If you've created a corporation or LLC and want to annals the copyright in the name of that entity, the copyright term volition be the same equally if you'd registered under your pen proper noun.
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Submit your application. Once you've completed your application, you can either submit it online or post it to the U.Southward. Copyright Part along with the required fees. The amount of registration fees you'll have to pay depends on the blazon of work you lot're registering and how yous file your application.^[13]
- For example, if y'all're registering a unmarried work online, you simply accept to pay $35 in registration fees. However, if you send a paper application through the mail, you'd take to pay $85.
- If you want, you tin can annals several split up works at the same fourth dimension every bit a series. Registering a series entails paying a higher registration fee than that required for unmarried works.
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Send eolith copies. You must include copies of the piece of work that is the subject of your registration application. Copies are required for eolith in the U.S. Copyright Role likewise as for apply by the Library of Congress.^[14] ^[15]
- When completing and filing your registration application online, you have the option of filing electronic copies of the work, which can salve you a lot of time and money – peculiarly if you're registering copyright in an extensive manuscript several hundred pages long.
- Keep in listen that in some cases the Copyright Office still requires y'all to transport a physical re-create of the work, fifty-fifty if you've already submitted an electronic copy.
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Consider hiring an chaser. Although you don't technically need an attorney to get trademark protection, trademark applications tin can be complicated. Hiring a licensed and experienced trademark attorney will help smooth the process.^[sixteen] ^[17]
- An experienced trademark chaser will have familiarity with the USPTO and its application procedure, which can prevent you lot from making mistakes on your application that outcome in its denial.
- Keep in mind that your application volition be reviewed by a trademark chaser who works for the USPTO. However, that attorney does not represent you and can't requite you lot any legal advice on your application.
- Since an chaser will be reviewing your application, information technology only makes sense to have someone on your side to assist you consummate information technology.
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Complete your trademark awarding. Your application tells the USPTO the name you want to register for trademark protection, as well as where and how yous intend to use it. At that place are ii bones types of trademark applications, those based on actual use and those based on intent to use.^[18] ^[19]
- Applications based on intent to use tend to be more complex than applications based on bodily use, and require y'all to fill out additional forms.
- Your awarding must depict the formats in which you'll employ your pen name, and the goods or services to which it will use. This involves selecting commercial classes, and you desire to exist forrad-thinking in the categories yous choose.
- Keep in listen that your business equally an author may grow, and you lot may have opportunities above and beyond just writing books or stories that involve the utilise of your pen proper name.
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File your trademark application. The USPTO allows trademark applications to be filed electronically on its website. Your pending application volition be added to the searchable database and the information in it becomes a thing of public tape.^[20] ^[21]
- You lot must pay filing fees of at least $375 when yous file your trademark application. If you want trademark protection in multiple commercial classes, you'll have to pay college fees.
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Work with your application examiner. Your awarding will be assigned to one of the trademark attorneys who work for the USPTO. He or she will examine your application and make up one's mind whether information technology can be approved as is or additional information is needed.^[22]
- Go on in mind the application test can take several months to complete. Yous can cheque the status of your application online as well every bit update your contact information equally necessary while your awarding is pending.
- If the examining attorney approves your trademark, its pending registration will be advertised in the USPTO'southward official gazette. Anyone opposed to registration of your trademark has 30 days from the engagement of publication to file a detect of opposition.
- If no one opposes your trademark, the USPTO problems your registration certificate later the thirty-24-hour interval notice menstruum is up.
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Use your pen proper name consistently. Once registered, you must file periodic documents and pay the required fees to keep your registration agile. Your trademark protection will last indefinitely as long as you lot maintain your mark by using information technology continuously for the purposes listed.^[23] ^[24]
- Having your pen proper noun trademarked doesn't mean other people can't apply it at all. In that location may be people whose legal given name is your pen name, and they aren't infringing your trademark.
- Nevertheless, trademark registration does mean you lot tin can prevent someone else from using the aforementioned name as their pen name.
- To enforce your trademark, you lot must bring a lawsuit in federal court. The USPTO does not monitor or enforce trademarks – registration only gives you lot the right to file a lawsuit.
- If you lot were to file an infringement lawsuit, you would enjoy a legal presumption that you are the rightful owner of the proper noun.
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Trademarks in the Usa arise from the "start use in commerce" of a distinctive brand on goods or services. Registration is entirely optional. Such trademarks are considered "live" until you tin testify they were intentionally abandoned past the prior owner.
Be through in your trademark search. Rent a business firm to do a "comprehensive search" of similar brands on goods or services, in literature and ad, and in domain names, in all related fields, including misspellings and homonyms.
A strange trademark may exist registered in the United states without first proving "utilize in commerce", based upon prior issuance of a foreign registration.
You can sue others in state or federal courts if they infringe upon YOUR trademark in the Usa, whether or not information technology has been registered anywhere, bold you can prove your use in commerce was prior to theirs.
Use ® only when your brand has a current federal registration. Utilize (tm) or (sm) for your trademark or service marks that have no current federal registrations for the goods or services upon which you are using the brand.

If you utilize the wrong form (due east.g., "Single Awarding") when applying for registration of a work created by a "corporation or LLC", information technology may be rejected because registration of a "work for hire" must use a different course (due east.g., "Standard Application").
You tin be instantly sued for trademark infringement when you file an application for trademark registration, if you claim it is already in bodily use in commerce, when information technology creates a likelihood of confusion with whatever similar make already in use (on goods or services in commerce) in your field.
If you file for registration under an "intent to apply", prior users of similar brands may file an "opposition", when the fourth dimension comes, or may sue you lot in state or federal court when they have proof that your use is infringing upon their prior rights, including your own filing of a "statement of actual use".
Y'all tin can exist sued in state or federal court if y'all infringe upon someone's "alive" trademark in the United states, whether or not their mark has been registered in a state or in the federal USPTO and even if whatsoever such registrations have expired.