Salem, MA asked in Trademark, Copyright and Intellectual Property for Massachusetts

Q: How do I copywrite and trademark the Flying Yankee name?

1 Lawyer Answer
James L. Arrasmith
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A: To protect your intellectual property for the name "Flying Yankee" in Massachusetts, you'll need to pursue both copyright and trademark protection. Here's a guide:


1. In the United States, copyright is automatically granted to original works upon creation. However, registering your copyright provides additional benefits.

2. Visit the U.S. Copyright Office website ( and click on "Registration."

3. Follow the instructions to fill out the online application, pay the fee, and submit copies of your work.


1. Conduct a thorough search to ensure the name "Flying Yankee" is not already in use for similar goods or services. Search the USPTO's Trademark Electronic Search System (TESS) at

2. If the name is available, file a trademark application with the USPTO online at Choose between a "use in commerce" application (if you're already using the mark) or an "intent to use" application (if you haven't used it yet but plan to).

3. Fill out the application, pay the required fees, and submit any necessary specimens showing the mark's use.

4. The USPTO will review your application. If approved, your trademark will be published for opposition. If no one opposes, your trademark will be registered.

Additional steps:

- Consider hiring an intellectual property attorney to guide you through the process and ensure your application is properly filed.

- Register your trademark with the Commonwealth of Massachusetts by filing an application with the Massachusetts Secretary of State's office.

Remember, copyright protects original works of authorship, while a trademark protects words, phrases, or symbols used to identify the source of goods or services. Protecting your intellectual property at both the federal and state levels can provide a strong foundation for your brand.

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