How to trademark band name By getting a trademark for your band name early in your band’s life, you can prevent potential issues that may arise down the road. The typical fee for an attorney to file a trademark You cannot trademark an album title or a song title. Trademarking a band name offers crucial benefits for protecting the band’s identity and brand in the music industry. Be sure to include a detailed description of the goods or services your band provides and specify the class under which your trademark should be registered. What's more, the other band could even sue me for punitive damages. Pricing . To trademark your artist name online, you’ll use the same site. Feb 8, 2022 · When you're building traction for your music, it's important that you think about protecting your brand. An event flyer photograph/scan or online ticket-buying page screenshot works for live musical performances, a screenshot of a YouTube music video should work for on-line videos, screenshots of Spotify, SoundCloud, iTunes, or Bandcamp listings (ideally at least two albums or releases to avoid the Think of your band name as a 'passcode' — a specific word or words that let people find your music directly. You would be sued. The correct legal protection is a trademark. As a result, a band name is registrable subject matter with the United States Patent and Trademark Office (USPTO). - Evidence of use: you can provide evidence if you’re already using the proposed trademarked name. Domain name Dec 3, 2019 · In addition, your band’s name and logo could fall under trademark protection as it would be a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. 11. Jun 18, 2018 · Luckily, unless your name is Bob Dylan, you can trademark your legal name so that you can perform using your name without worry. Patent and Trademark Office But it doesn't protect you very well if for example, you've registered "BANDOMICA" as an entertainment group that creates music and records CDs , but neglected to also register "BANDOMICA" under additional classes that would prevent me from performing live under the name BANDOMICA or from printing t-shirts or merch with the name BANDOMICA. Idea is to get a unique enough name, trademark it under the correct trademark industry type ie" music or whatever it is: and generally thatll be enough to show first use. ZenBusiness. You would need the trademark is multiple countries but still it can be done. Do not do that. Words of warning: If you have a band, does each member get ownership of the trademark? Do you have an LLC or partnership agreement for the band? Do you have the band capital to pay for multiple classes of trademark? Mar 28, 2015 · Rock & roll website Loud Trax spoke with trademark lawyer Cheryl Hodgson of Hodgson Legal and Brandaide creator about how to trademark band names. A federal trademark comes into play to help your band stay distinctive. CONTACTS. For example, you are very unlikely to get a trademark if you name your group "BAND. If you’re a band however, you’ll need to make sure each member has shared ownership of their name. Should also only apply if you are operating within the same spectrum of music. Dec 11, 2015 · In the case of band names, a trademark for a specific band name reflects back to what that band provides – a certain type of music, an image, a feeling or community for its fans. Varies By State & Package. For example, Nike has trademarked it’s name, slogan and logo. com is an online music l The entire point of SM and TM is so that no other entity can use your name. There are a couple of different ways to do this depending on your situation. Box 136 Jackson, MS 39205-0136 Information about obtaining a registered trademark for the name of your band may be obtained at the U. For example. Errors You Need to Avoid When Trademarking Band Name While trying to trademark your band name following the steps explained above, you need to avoid some common errors to ensure a smooth process. Trademarking your band name and logos protects your creative assets from misuse or theft, ensuring that your unique identity remains intact. Mar 29, 2023 · Trademark Artist Name UK (Or Band Name) As a musician or a band, your creative brand is integral to your identity and success in the industry. Assignment forms. O. Decide what you want your band name to be and analyze how original it is. A trade mark lasts 10 years. Sure, a cool band name is great for first impressions. *Apparently, with permission. gov. How Much Does it Cost to Trademark a Band Name? The basic cost to file an application for a band name is also $250. I'm wondering whether or not the full legal names of songwriters in the "songwriter bank" are published and freely available to the public upon release. While it is possible to copyright the design of a band logo, the band name itself is not copyrightable. Featured Partners. Trademarks protect the "word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services," according to the United States Patent and Nov 4, 2024 · A search you complete before applying for a trademark registration to make sure your trademark is available to register for your particular goods or services, and to make sure that no other trademark conflicts with it. Jun 2, 2024 · Try one-word band names. We know you have questions, and Four Reasons Legal can help provide the answers. They had an agreement that they could both use the name, but the other band (which had a trademark) decided to terminate the agreement when my band was picking up some steam. This May 30, 2023 · If you are a musician or a member of a band, you know how important your name is. Perfect for musicians seeking catchy, creative names for any genre. Nov 16, 2021 · - Ownership information: who will own the trademark? If you’re a single artist, then you’ll most likely own the trademark. Many bands today that might have started playing together in the drummer’s garage have no concept at those early stages of […] One of the first things that every artist should do is to trademark either their stage name or the name of their band. If you want to trademark your band or stage name, you should visit the USPTO website to see if Dec 20, 2011 · A common misunderstanding is the idea that one can “copyright” a band name. Litigation ensued and a federal appeals court ultimately ruled in favor of Brother Records because Jardine had used the mark in a way that suggested sponsorship by the official The Beach Boys group. S. If the bands have the same name you might be able to trademark your band name and get an order for them to stop using it. Trademark clothing is associated with a name or brand by a clothing trademark. If there is a split or a band member dies, it is necessary that ownership of the trademark not be impaired. For more information, see how much does it cost to trademark a business name. They liked the name, they took it - they had the first hit & the name became theirs. If you have the trademark which isn’t easy, then it doesn’t matter how big or small you are you can easily fight the name being used. Protect it. A trademark typically protects brand names and logos used on goods and services. The U. How to Trademark a Band Name. com**Get Your band’s name cannot be generic or very descriptive. , argued that Jardine’s stage name infringed its existing trademark. Trademark Trial and Appeal Board forms. ⚖️ MUSIC LEGAL CHEATSHEET ⚖️ https://www. There was a case, I think went to court, in the 70s/80's when the girl band The Runaways had their first hit. I had a band that had a similar name (pronounced the same, but spelled differently) than a smaller band. How to do it. When it comes to rock and roll bands, trademarking the band name is an essential part of legal protection. Today, he is recognized by the World Trademark Review as a top trademark filer, having registered over 8,000 trademarks. A trademark identifies a product, while a servicemark identifies a service (duh). May 13, 2014 · In short, is your band name protected as a trademark or service mark? Why your band name should be protected by a trademark. In 2008, Mr. Sep 5, 2015 · How to file a Trademark for your band or artist name in music. A word of warning – filing an application starts a Federal legal proceeding that can be very confusing and complicated. It is your choice whether to protect your brand under trademark law. Patent and Trademark Office. Once your trademark gets approved, the ™ or ® symbol will appear next to your design, logo or words. It is highly suggested that you research your band name before attempting to trademark it in case another band uses and has registered the name. Trademark registration provides legal rights and remedies against unauthorized use of the band’s name, allowing the band to take legal action against individuals or entities attempting to exploit its name for commercial gain without permission. Dec 29, 2020 · How To Trademark A Music Name, The Step By Step Process. As simple as sending an email, Itunes, Spotify etc would pull down their content. 12. I’m speaking from experience protecting my own name and asking for take downs with Apple. This time, go to the menu and click on the “Trademarks” tab. ) Dec 29, 2020 · How To Trademark A Music Name, The Step By Step Process. Apr 2, 2020 · Seeking trademark registration for your band’s name is a great place to start, but you may want to consider trademarking other things as well. Many business owners choose to protect their brand names for their main or dominant goods or services. Having your artist or band name properly registered as a trademark can prevent you from having to change your name entirely later on. 1. Therefore, it is important to register your name so that you will not be surprised in the future, for example, there is another product that has the same name, which can cause confusion. There are some "smaller" bands (but noticably, commercially successful on a scale where it could be an issue) for instance, that "share" a Spotify page due to having the same name, but it's not a legal issue since they are entirely distinguishable brands. Sep 2, 2024 · 4. ONECheck — business. Research whether other bands or companies have used the same brand name, or even a brand name (i. Sep 15, 2022 · However, if you trademark the name of a band, make sure that you all have shared ownership of the mark. However, there are certain ways that musician trademarks differ from a typical trademark, especially in the requirements for registering a trademark for musical recordings with the United States Patent and Trademark Office (the USPTO. I'm sure there is a difference. Mango__Juice is correct. It is how your fans recognize you and your music. Additionally, you’ll also have to provide the correspondence information , meaning the contact details to the person, whom the examination attorney can get in touch with in case of a potential issue with the application. And trademark for similar band names… So, yes, similar band names Jul 19, 2023 · Instead of debating ownership, the parties should have an agreement in writing, and show ownership by filing a band name with the Patent and Trademark Office in Washington, D. One of the most frequently asked questions we receive is “Can you help me copyright my band’s name?” Mar 31, 2023 · If you’re considering forming a music production company or would simply like to make your band name official, make sure you register a limited company in your band or organisation’s name, to prevent anyone else from using the same. With millions of bands creating music all over the world, there may come a time when another band tries to use your band's name. Remember that even if a band hasn't trademarked their name, if they are well known they could fall under common trademark law which means that if you tried to sue them in court for the name later they could still win without the trademark. File all submissions to the Trademark Trial and Appeal Board, such as oppositions, cancellations, notices of appeal, after final actions. I would like to only use my artist alias for my music and not make my full legal name publicly available. com Jul 5, 2024 · Part 7. Learn about how here. Patent and Trademark Office (USPTO) accepts applications to trademark band names, and applicants register trademarks for band names (and logos) every day. to your search to make sure no one How to Trademark a Catchphrase. For example, Van Halen and Aerosmith are both registered trademarks with the United States Patent and Trademark Office. Preferably, you’ll do this before using the band name publicly. ” Sep 27, 2023 · The entity the band created, Brother Records, Inc. For instance, if your band uses a recognizable logo Band names (especially decent-sized ones that you're trying to make money off of) are usually trademarked. Jan 1, 2024 · If you want a trademark band name, you'll need to understand what trademarks are and how they work. com/legal ️ SHOW NOTES ️When building your music based business, it's important to protect The Oregon-based rock band called The Slants encountered a problem of this sort when they tried to trademark their band’s name. The more unique your band name, the more protection you will be afforded. If it were me, I would use my band name everywhere and have prior existing rights, if you will, to use it. Advertisement. As the band's reputation grew, Trademark supported Chicks on Speed at Oxford Zodiac, and The Human League at Ocean in London. ONECheck allows you to search New Zealand company names, domain names, and social media usernames. Aerosmith ® is considered a fanciful trademark. It is also how you stand out from the crowd and compete in the music industry. A catchphrase is a word or phrase used in popular culture to express an idea or concept. Oct 13, 2022 · Here’s everything you need to know about how to trademark a name in 2025. "Fear : Disconnnection" was finished in January 2003, and was sold by the band at gigs and over the website. While it may seem like an additional expense, investing in a trademark can ultimately save you money and headaches down the road. Sep 7, 2018 · When building a music based business it's important to protect yourself. Mar 2, 2023 · Types of names that may be protected by trademarks include: A business name; A product name; A domain name; Your own name, if people identify it with the goods or services you provide; The name of your band; The name of a character that you use to market your business, such as “Ronald McDonald” Choosing a name that can be trademarked Another example, Coldplay 'stole' * the name from another band. " The more fanciful (made up words like Coachella) or arbitrary (like The Beatles), the more likely your band name will be eligible for trademark protection. Olympic gold medal swimmer Ryan Lochte filed an Apr 30, 2024 · Sometimes musicians and bands need to change their name. Learn about how here . One-word names have the advantage of being short, punchy, and easy to remember. Jun 3, 2020 · Here is the link for the trademark website. One way to do this is to trademark your stage name and logo so that you have legal r Nov 30, 2023 · On the other hand, a federal trademark registration can provide nationwide legal protection for your brand in connection with particular goods or services. Because completing your trademark application is simple… once yo Mar 7, 2023 · A trademark attorney can also conduct a comprehensive search to ensure that your band name is not already in use by another band or business, reducing the risk of costly legal battles in the future. Google prospective band names diligently, adding 'music' or 'band' etc. It is possible for the band members to co-own a trademark, but that is not recommended. One essential aspect of protecting that brand is registering a trademark for your artist or band name in the UK. , Posted by u/d_love_ - 1 vote and 4 comments For this manufacturer, the cost to trademark their business name would be at least $450 because they are registered in two trademark classes. It's happened before—a new band enters the market with the same band name as an existing band, they start growing more popular and then they get sued for causing consumer confusion and infringing on the trademark rights of the original band. Do research to find out if others are using Jul 30, 2015 · How to Create and Protect a Trademark in Your Band Name 1. Since trademarks are used to distinguish the source of goods, you can trademark your DJ name or band name if you’re producing and selling music while using the name as a trademark. When you trademark your band’s name, you are making a major investment in the protection of your band’s identity and name, and you’re helping to prevent some major pitfalls and problems - ones that can create big headaches for you down the line. But after awhile, no matter what your name is, it's just a phrase that refers to your band. The name of a performing artist or the name of a band may be registered as a trademark, but not the name of a single song or a single album. You also don't want to build your music to a point Dec 21, 2023 · Registering Your Band Name: The Process Here’s a step-by-step breakdown of how to trademark a band name: Preparation: Ensure that your band name is distinctive and not does not have a substantial likelihood of confusion for the average consumer. You can perform an online search to see if your band name is available from Companies House. Jul 27, 2009 · You cannot copyright a band name. And trademark for similar band names… So, yes, similar band names happen, and they can cause sticky trademark issues. orpheusaudioacademy. To trademark a band name, you need to apply to the U. 3 Registration expands and confirms rights beyond the geographic limitations of actual use and provides constructive notice to any The most recent changes went into effect on July 1, 2009. These assist trademark owners in proving claims for trademark dilution and allow businesses that have famous trademarks to enforce those trademark rights. Josh Gerben, Esq. Mississippi trademarks may be searched using the tab at the top of this page. Your performing name, company name, or logo needs to be unique in order to qualify for trademark protection. If you SM a band name, and then 6 months later a group becomes famous with the same name etc, they would 100% not be able to use that name. Nov 27, 2015 · The benefits of protecting your musical copyrights are widely discussed in the industry, yet less is spoken about the advantages of registering your artist or band name as a trademark. In other words, if you registered your band name and obtained a trademark from the U. . Free 30 minute Phone Consultation Click Here to Schedule How Do You Trademark a Restaurant Name? To trademark a restaurant name, you need to apply to the U. Feb 20, 2020 · Once you’ve been as thorough as you can and you’re still not seeing any competition for your band name, it’s time to file the paperwork to register your trademark. Then, I would have to repackage all of my CDs, and change the band name my fans are already familiar with. The most practical way for a band to secure nationwide trademark rights in a band name is to file an application to register the mark with the USPTO as soon as the name is chosen—even before the band plays a note. There are five levels of trademark strength: Fanciful (Coined): A band name invented to function as a trademark without outside meaning. govDownload the free Music Business Plan guide for free now! http://musicbusinessplans. Order a printed presentation copy of your trademark registration certificate; 10. Nov 22, 2024 · Why Musicians Need to Trademark Their Band Name and Logos In the competitive music industry, safeguarding your brand is as crucial as crafting memorable melodies. Just like copyrights protect intellectual property, a trademark protects things like logos, slogans, and names. For this reason, and many others, the U. govt. Protecting your band’s identity and name is important to your success - you’ve invested a great deal of time, effort, resources, and talent Generate unique band names instantly with our free Band Names Generator. Then, select “Filing Online”. What you can register. If you fail to file a trademark, you may find yourself in a legal dispute with another artist over ownership of your stage name. In which case, you would have to change your name. Service Time . This also covers the potential for discovering another band with the same or similar name. Aug 21, 2020 · Next, the band should form a corporate entity of some sort to hold title to the trademark. Within trademark law there is a category called servicemarks. Dec 11, 2019 · Categorising a band name under goods and services might sound a little strange at first, but a band name does, in fact, fall under these classifications in most circumstances. Sep 10, 2017 · Trademark law may not be very “Rock and Roll”, but it sure is important these days. An unknown duo had been touring small clubs for years Trademark clothing is clothing that is strongly associated with a designer’s name or fashion brand. nz. Briefly, these are the three steps to trademark a band name: 1. Therefore, it is helpful to be equipped with proper trademark registration to ensure your Mar 2, 2020 · The above goods/services IDs are very easy to provide specimens for showing use in commerce. Seek the protections your band deserves by applying for a trademark. Whether you’ve started a new side project, struck out on your own, or think the band needs a makeover, changing your name on your website is easy. Another band with the same name can confuse your fans and make it harder to keep your audience engaged. In August 2012, U. P. $0 + State Fees. Jan 6, 2014 · Yes, you can trademark your DJ name or your band name. The World Intellectual Property Organization (WIPO) maintains a register for the international system for registering trade marks, called Madrid Monitor. The application process can be complex, so attention to detail is paramount. Band names are protectable under trademark law, because like “brand names” they allow us to distinguish one band’s music and identity from another. Your band name is one of your most valuable assets and is obviously integral to your brand as a whole. com/trademarkengine/In today's video, I will teach you how to easily and affordably file a trade Nov 4, 2024 · Trademarks, patents, copyrights, domain names, and business name registrations all differ, so it is important to learn whether a trademark is appropriate for you. Avoid duplicate band names. Jul 5, 2016 · Pundit Trademark Attorney Steve Explains The Benefits Of Federal Trademarks for Artist, Bands, Producers & Musicians. Get the EBook at http://www. In general, it is typically a good idea to trademark your band name once you are all settled on the specific name. is the founder and principal of Gerben IP. Some of the greatest bands of all time have one-word band names that can be iconic and easily translated into a sweet logo: Blur, Sleep, Kyuss, Genesis, and Death are all awesome single-word band names to take inspiration from. Think about live performances, music recordings, retail sales of merchandise, and more. You would be taking money from that band even if it were legal. Learn how to protect it through the federal registration process. If you need to make a name change, you’ll want to update it in a few places within your website account. File assignments, name changes, and other conveyances of title . Clothing trademarks can help protect a A common misunderstanding is the idea that one can “copyright” a band name. It is your identity, your brand, and your reputation. Keep in mind, however, that each trademark, whether your logo, slogan, or band name, will require separate trademark registrations. Arbitrary: A band name with a common meaning but not one associated with music. PUNDITYOURMUSIC. Patent and Trademark Office, federal law states that others should have notice of your ownership rights The band also played regularly in London, with a few appearances at The Fan Club at The Verge in Kentish Town. Clothing trademarks are words, names, logos, symbols, or pictures that identify and distinguish different brands of clothing. A trademark name in the oil business is different than a trademark in the medical field, for example. What happens when you register a trademark? When you register a trademark, only you will be able to use it. Considering the obvious benefits of getting your band name out there and protecting potential merchandising opportunities under intellectual property rights, you may be Jun 2, 2021 · Let’s get you legal tips on how to trademark your business name, logo (and more!) in Canada. Nov 8, 2024 · If the trademark doesn’t refer to a living individual, but can be interpreted as a name (for example, a band name that looks like a person’s name), then include a statement in the application that the trademark isn’t the name of a particular living individual. Your trade mark can include: Jun 20, 2018 · Luckily, unless your name is Bob Dylan, you can trademark your legal name so that you can perform using your name without worry. To trademark your band name and logo, you’ll need to specify the goods or services you want the trademark to cover. Gerben started the firm to provide high-quality trademark services at reasonable prices. I want to be clear that I am talking about a registered trademark, not a service mark. We will review the steps to take to get a trademark for your band name. Trademark your band name. Let’s analyze all these pitfalls you need to avoid if you want to complete the registration without any problem: Well turns out that as the popularity of the band grows, the band name becomes one of the most recognizable parts of the band, sometimes even more than the music, and certainly becomes the most valuable part of the band because the music you can play anybody can play the music but only the band can tour under that band name as long as they Protecting the name of your band or musical acts name can help prevent confusion and can make marketing easier in the crowded music space. https://www. Jun 26, 2015 · A trademark is something unique, which is always associated with one thing. You would need to contact their management team if you want to do it legally. uspto. File a Trademark using Trademark Engine: https://startupwise. Step 1 – Perform A Search To Make Sure Your Mark Is Available. "My lawyer says that if I fail to trademark my band name, another band with the same name could trademark it and stop me from using it. You must renew your trade mark every 10 years for it to stay in force. Head here: link There is a pretty easy walkthrough. But did you know that your name can also be a trademark? A trademark is a legal symbol that indicates the source and quality of your Once you have a unique and conflict-free band name, the next step is preparing your trademark application. You don’t want to tour and record for years under one band name, only to find out that there’s another band working under the same name in another part of the country (or world). The Use, Misuse, Band Trademark Protection of Band Names What’s in a name? Well, arguably, everything, if we’re talking about the name of a band–particularly one that has achieved a substantial level of success. Oct 23, 2021 · What’s your band name? Are you sure it’s YOUR band name?What I mean is, are you sure you own the rights to use that band or artist name when you create music Nov 4, 2024 · Do you have a name or logo you're using to advertise your business? You might have a trademark. Patent and Trademark Office, www. yourmusicrelease. Trademarking a band name offers strong and broad protection, ensuring that you have the exclusive legal right to use the name and prevent the use of any mark that is identical or In order to trademark everything for a name you'd need like 10 different applications and thats like 2k USD. The examining attorney rejected the application because the Lanham Act prohibited, at that time, the registration of “disparaging trademarks. The proposed trademark must be used on a minimum of two creative works to be considered a series. e. A trademark search is performed to identify any risks. Here's how to trademark a music artist name. How Do You Trademark a Band Name? To trademark a band name, logo, or slogan, you need to apply to the U. Basic Trademark Registration Costs The basic cost to register a trademark with the USPTO is $275 per international class. No one else will legally be allowed to use your company logo anymore. A band name is a word that identifies and distinguishes the source of service (live performances) or goods (sound recordings) of one party from another. See if the name is available in the class/field you want. C. As a band's business is "providing entertainment services", a servicemark is the proper tool to protect a band name. Find your perfect band name today! Your band name is your brand name. esvb guiaz qaili bqpti yzgejrm hrxrktu izvvll iwktey riybhub syqdxyiu