Can i trademark a band name [New Info]

Last updated : Sept 22, 2022

Current : 4554

How much is it to trademark a band name?

Basic Trademark Registration Costs The basic cost to register a trademark with the USPTO is $275 per international class. The USPTO has 45 classes of goods and services, and you will need to select one or more classes that represent how you plan to use your mark.

Does a band need a trademark?

Firstly it's important to note that trademarking your band or artist name is by no means compulsory. Unlike music copyright, which automatically assigns rights to the creator or owner of a piece of original work, trademarking doesn't come about automatically. Instead â€“ it's something that you must register to do.

How do you trademark a band name in the US?

Registering a Trademark for Your Band Name If you develop a distinctive name for your band, you can notify others of your claim to exclusive rights in the name by placing one of these symbols as a superscript next to the first and most prominent use of the band's name: TM SM Â®.

What trademark class is a band name?

The three most commonly used classes for musicians include: Musical recordings in Class 9. Apparel in Class 25. Entertainment Services in Class 41.

How do I trademark my musician name?

Select your name. Selecting a name is more difficult than you might think.
Conduct a Trademark Search.
Identify the Goods and Services and Filing Basis.
File the Application.
Respond to any objections raised by the USPTO Examining Attorney.
Approval and Registration.

What do I do if my band name is taken?

Call the main public library in your region and ask if it has a Federal Trademark Register CD-ROM. Search for your full band name, then each word individually. Hire a search firm (relatively costly, but reliable). A well-known sources for trademark searches is Thomson Compumark.

How do I protect my band name?

Visit the United States Patent and Trademark Office online to do a trademark search. You need to make sure no one has already trademarked your band name before you can trademark the name yourself. Click on "Search Marks," "Word and/or Design Marks" and enter your band's name.

Who owns the rights to a band name?

Typically, the issue of who owns the band name is dealt with in the Band Agreement. Often a leaving member will forfeit their rights in the name when they leave the band. In such a situation, the remaining members can continue using the name.

Can 2 bands have the same name?

And trademark for similar band namesâ€¦ So, yes, similar band names happen, and they can cause sticky trademark issues. Therefore, it is helpful to be equipped with proper trademark registration to ensure your trademark ownership.

Should musicians form an LLC?

Should a musician form an LLC? In most cases, the answer is yes; musicians can benefit greatly by forming an LLC. With an LLC, a musician can receive limited liability protections and will also be able to more easily resolve disputes with band members.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

Should an artist trademark their name?

To prevent others from using your name for any reason, including merchandise, you should register it as a trademark. Once your name is trademarked, you can file suit against others who are using the name without your permission. Below are the steps you can take to legally trademark your artist name.

Can I trademark my record label name?

You require a business license, which you obtain from the county clerk's office, to run a label. Registration of the name as a trademark allows you to put the label logo on music records you sell, or on events you organize or sponsor.

What is a Class 35 trademark?

Trademark Class 35 is a service category that includes a range of business and professional services. Most of the included services help with carrying out, managing, or advertising a commercial or industrial enterprise.

What if another artist has the same name?

Technologically, artist names are totally independent from earnings tracking. So you're all good and have nothing to worry about.

How do I trademark my rap name?

You can't register a rap name that's already trademarked, so the first step in the process is to ensure that the rap name you've chosen is eligible for a trademark. Visit the USPTO website, and access the "Search Trademark Database" option from the main landing page.

How do I find out if an artist name is taken?

Step 1: Visit the Search Trademark Database.
Step 2: Scroll down and click the â€œTrademark Electronic Search System (TESS)â€ button.
Step 3: Select the Basic Word Mark Search option:
Step 4: Enter your rap name and press the â€œSubmit Queryâ€ button.

How does band name copyright work?

Nope! A name (brand name, band name) cannot be protected by copyright. Copyright is only one form of intellectual property (IP).

Can you use a band name that's already taken?

The first step in trademarking your band name is to check to see if your band name is actually taken - and trademarked. Don't skip this. If you try to register a trademark that's already taken, not only do you not get the trademark, but the filing fees will not be refunded.

Can you name your band after a song?

Sorry to correct you, but All Time Low came from the song "Head on Collision" by New Found Glory. But they're all right ^, it's words, there's no legal repercussions for taking the name of a song and using it to name your band.

Did you find this article relevant to what you were looking for? Yes No

Write a comment

Comment by Nolan Groh

hello hi yes i i formed a new band uh and i'd like a slot on that new festival that's fine amazing brilliant yes the band name yeah yes it's metallica nice try mate that's not gonna work why not so you spend years releasing music and building your name only to get an email and find out the name that you've been using wasn't quite as yours as you once thought that is unless you've trademarked it hang on i can smell some full-on geekery it's time to talk trademark law so what is a trademark a trademark is a way of legally claiming your name and your logo so they are legally yours and no one else can use them to misappropriate your music now just because you got there first and you have the socials and you have the domain name that doesn't mean that they are legally yours whilst you are still using them this is about ownership and that's where the trademark comes in now this means you can trademark the name if you're an artist or a band but also you can trademark your logo so if you've got an amazing logo or an amazing band name no one else can use it let's say your rage against the machine or the grateful dead or cold play nobody else can legally claim that name and let's face it that's not the real reason why no one's claiming the name coldplay in 1998 one of the beach boys mike love acquired seoul licensing rights to the name the beach boys now even though other members of the beach boys were still alive they didn't seem eye to eye al jardine one of the other beach boys was touring under the name al jardine of the beach boys and brian wilson had just released another album which was called smile unreleased works by the beach boys the issue with this is they didn't own the rights to the name the beach boys so anything that they did was misappropriating the name the beach boys even though brian wilson one of the main members of the beach boys was releasing music by the beach boys crazy and this is why ownership is so important and why you need a trademark imagine this you've just built an awesome house and it is looking sick inside you have kitted it out you've even got those taps where the water like comes over the top amazing and then someone comes along turfs you out knocks your house down and says this is not your land you have no right to build this house guys quick interruption you're clearly releasing music and serious about getting results so have you checked out dk music business academy it's got over 50 hours worth of courses including the road map to one million streams course on top of that you've got live sessions with me every single week and a community of like-minded musicians from all over the world and as well as that there's even my playlisting tool sonar where you can get in touch with playlist curators when you're releasing music what have you got to lose seven day free trial links in the description let's crack on with the video so when should you trademark now this is where you have to be clever because it does cost money to trademark not only do you have to trademark the name potentially you're trademarking the logo but also in different areas which we'll come to in a minute so we need to be clever and not just trademark from the start only to waste money but the right time for me is when you have income and outgoing let's say you're bringing money in from streams from regular gigs or tours maybe some merch at this point you are a bonafide business now a business doesn't mean you have a trademark but if you have a business then you need a business bank account if you have a business bank account you're going to be paying taxes at which point this is the time that you should think about having a trademark so then comes the million dollar question how did coldplay get so big sheer luck comically bad music i'm the quiz master and even i don't know it's b the answer is b no that's not the question the question is how do you trademap well first you have to do a search to make sure that no one else has that name because if they do you can't trademark it so once you've discovered that the trademark is available at which point you need to decide who is going to own this trademark could be yourself if you're an artist or it could be one person two people or all of a band now what's really important is that this is agreed with because people will leave a band people will join a band but ownership is forever so whoever owns that trademark can literally put a stop to everything that happens from that point onwards with that band next you need to decide where the trademark will be because every territory needs its own trademark so i happen to be in the uk right now so if i trademark the name granddad's belly button fluff extractors i'd be an idiot but also it means i haven't trademarked it in germany or australia or america so if granddad's belly button fluff extractors exists in america with an american trademark they're fine it means i can't step on their toes and they can't step on my toes and lastly you need to decide on the category that your trademark will fit in this is where it gets complicated because there's different trademarks for things like education or entertainment or merchandise as in clothing and so you need to buy a trademark for each of the categories that you're going to fit in this is where it starts to get quite expensive trademarking in your country will cost a different amount depending on where you live but let's take the us as an example it costs around 350 dollars to trademark your name and 350 to trademark your logo now if you want to trademark your name and your logo in entertainment but you also want to trademark your name and your logo in merch or parallel then all of a sudden you're not talking about a 350 across the board payment you're talking about four lots and if if you start looking into different countries all of a sudden it gets more and more expensive now there are a few ways of doing this it usually takes around 18 months to trademark a name and a logo you can do this yourself with some painstaking google searching and form filling or you can hire a lawyer in fact i do believe that if you are outside of the us trying to fulfill a trademark in the us i think you do need a lawyer anyway legally but you can do a lot of this yourself depending on what you want to trademark so in summary we have to be protective over the brand that you are building that someone can't come and steal it or knock it down but at the same point we also have to be mindful that it's quite expensive so the timing is right in fact a lot of major artists didn't even start trademarking until six months after their debut album at which point they were like okay this is making some money we really need to protect this but as this can get quite expensive my advice is make sure you are onto a winner because this is about priorities and if you are going to invest a thousand dollars into a trademark think of what you could do with that thousand dollars should this be about music promo to make sure that you can get your name out there first get some money in and use that money to then build your trademark so there you go

Thanks for your comment Nolan Groh, have a nice day.
- Arnita Polton, Staff Member

Comment by Towanda

Thanks for this interesting article

Thanks Towanda your participation is very much appreciated
- Arnita Polton

About the author

Arnita Polton

I've studied family systems theory at Pfeiffer University in Misenheimer and I am an expert in environmental policy. I usually feel relaxed. My previous job was funds development administrator I held this position for 17 years, I love talking about feng shui decorating and songwriting. Huge fan of Lil Uzi Vert I practice kayaking and collect fabric and textiles.

All you ever wanted to know

about "Can i trademark a band name".

Try Not to laugh !

Joke resides here...