Can i trademark my band name [Best Info]

Last updated : Sept 12, 2022

Current : 6166

How do you legally trademark a band name?

Carry out an initial Google search. Before you can apply to trademark your performing name, it first needs to qualify for trademark protection.
Carry out a search via your chosen trademark database.
File your online application form.

How much does trademarking a band name cost?

The basic cost to register a band name is: $275 per international class for registration. $125 for first renewal, between the 5th and 6th year. $425 for renewals, between the 9th and 10th year and every 10 years after that. $500-$5000 for attorneys costs.

Do bands need to trademark their names?

Trademark law may not be very â€œRock and Rollâ€, but it sure is important these days. When it comes to rock and roll bands, trademarking the band name is an essential part of legal protection.

How do I know if a band name is trademarked?

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.

Should I register my band as a business?

Incorporating as an LLC is essential for legally protecting yourself and your bandmates. A note to songwriters: You may not need an LLC, but you should absolutely register a publishing company.

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 two 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.

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.

What is the cheapest way to trademark?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

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.

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.

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.

What band names are not taken?

Logan 's Sun.
Icy London.
Giant Rats of Sumatra.
Klondike Kittens.
Finches of Attica.

How does an LLC pay band members?

If you have not created a legal entity for your band, then pay from gigs will be handed to one of the band members. Often, that payment will be in the form of a check, and one band member will need to fill out a W-9 form â€“ the form that tells the IRS who will have to pay the taxes on that income.

Is a band a legal entity?

Because the band is a separate entity, you and your bandmates will not be held personally liable for the band's debts. Record label protection: The music you create with your band can be owned by the band as a separate entity. This provides the record label with protection.

What is a band legally?

This means the owner has the power to make any and all decisions on behalf of the company, but also personally assumes any and all responsibility for the company's debts and liabilities (the owner's personal assets and property are at risk).

How do I protect my stage 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.

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.

Are band names intellectual property?

Nope! A name (brand name, band name) cannot be protected by copyright. Copyright is only one form of intellectual property (IP). There are other forms, like trademarks, patents and trade secrets.

Can a band sue you for having the same name?

Furthermore, musicians may not be able to use band names that are likely to cause confusion with other band names or substantially similar to other names. As an owner of a trademarked band name, you have a right to enforce unauthorized use and sue an unauthorized user for trademark infringement.

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Comment by Garth Sherbert

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 Garth Sherbert, have a nice day.
- Jewell Bolitho, Staff Member

Comment by nedzje7

Thanks for this interesting article

Thanks nedzje7 your participation is very much appreciated
- Jewell Bolitho

About the author

Jewell Bolitho

I've studied scholasticism at Waynesburg University in Waynesburg and I am an expert in enology. I usually feel recumbent. My previous job was missing person investigator I held this position for 5 years, I love talking about sewing and table football. Huge fan of Yung Gravy I practice fencing and collect collectible card games.

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