Can i trademark my stage name [Fact Checked]

Last updated : Aug 23, 2022

How do you brand a stage name?

1. Select your name.
2. Conduct a Trademark Search.
3. Identify the Goods and Services and Filing Basis.
4. File the Application.
5. Respond to any objections raised by the USPTO Examining Attorney.
6. Approval and Registration.
7. International Trademark.

Are singers names trademarked?

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. The proposed trademark must be used on a minimum of two creative works to be considered a series.

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 can I find out if a stage name is taken?

1. Step 1: Visit the Search Trademark Database.
2. Step 2: Scroll down and click the “Trademark Electronic Search System (TESS)” button.
3. Step 3: Select the Basic Word Mark Search option:
4. Step 4: Enter your rap name and press the “Submit Query” button.

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.

Do you need to copyright a stage name?

Registering a Name. If the name is an actual name (including a nickname or stage name) of any living individual, then the person's consent to the use and registration of the name must be included in the application file.

How much does it cost to trademark an artist name?

Basic Trademark Registration Costs The basic cost to register a trademark with the USPTO is $275 per international class.

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.

Can I copyright my name?

No. Names are not protected by copyright law. Some names may be protected under trademark law. Contact the U.S. Patent & Trademark Office, TrademarkAssistanceCenter@uspto.gov or see Circular 33 "Copyright Protection Not Available for Names, Titles, or Short Phrases".

Can you get sued for having the same artist name?

In most states, you can be sued for using someone else's name, likeness, or other personal attributes without permission for an exploitative purpose.

Can two musicians have the same stage name?

Yes, an artist can have as many names as they wish.

How do I register my artist name?

For a nationwide trademark, download an application from the PTO website at http://www.uspto.gov. You can also order an application from the U.S. Patent and Trademark Office by calling (703) 308-9000 or (800) 786-9199. Ask for their brochure entitled, Basic Facts About Registering a Trademark.

Should an artist have 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.

Should I trademark my rap name?

However, a rap name is eligible for protection with the U.S. Patent and Trademark Office. Trademarks protect brand names and logos associated with products and services. Therefore, a rapper would fall under the category of a performing artist who provides musical services to the public.

Should you trademark your band name?

Trademark law may not be very “Rock and Roll”, 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.

Should I trademark or copyright my artist name?

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 – it's something that you must register to do.

How do I copyright a name for free?

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.

Can you trademark a pen name?

Under U.S. law you can't copyright a name, real or fictitious. Copyrights protect authorship, such as short stories, poems, or novels. You can register a manuscript under a pen name at the copyright office (www.copyright.gov). You'll have to provide some information, including your real address.

How do you know if a name is trademarked?

You can search for federally registered trademarks by using the free trademark database on the USPTO's website. To start, go to the USPTO's Trademark Electronic Business Center and choose "Search trademarks." Then follow the instructions you see on the screen. Check state trademark databases.

How do I trademark my artwork?

To register your work with the Copyright Office, you must submit an application, the appropriate filing fee, and a copy of the work to be registered. The general rule is that a separate application for registration should be submitted for each work together with the a separate filing fee and deposit copy.

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what's good word it's a boy twins and welcome to another tutorial edition of five minutes to twister and on today's tutorial I'm gonna be dropping some gems on how you get that artist producer named trademark it's something I just accomplished myself and I felt like way why not share the wealth because a lot of people don't know about that in the music industry or know how to do that alright but before I get started I'm gonna drop this little disclaimer that I'm not a legal professional okay I'm just simply giving you some general knowledge on how to fill out your trademark information to make sure you get your thing registered as always it is always always advised to find somebody who legally knows what they're supposed to do or to be able to break down extra rules that we may not understand but what I'm about to drop on you right now you'll be able to successfully register your name and get a copy ready so make sure you stay tuned for this tutorial alright so before we get started I just want to throw this really quickly out here while you may can register your trademark with other agencies and stuff like that I'm just gonna let you know it's like taking the car to the shop you're really paying mostly for the labor for something that you could probably do yourself if you take the time to learn how to do it so they may throw extra fees man way more than what you will pay if you try to do it yourself the only downfall of that is usually when you go to somebody who legally knows how to do this stuff that's their job they know all the ins and outs and some of the things that you may need to do so when you do it yourself you're kind of risk potentially missing out on some things but this is just general information it'll allow you at least to get the ball rolling and to do this process to register per class because there are different classes and I'll explain that a little bit more but per class is two hundred and twenty-five dollars on one plan and then you got 275 another plan but we'll get to that when we do it so the website you want to get to is uspto.gov and that's the United States Patent and Trademark Office that is official just be careful with these other websites that's out there that maybe take your money and you put your information out there this is dot gov so you know it's the government and uh you know they take things seriously when you when you when you go in there so the first thing you want to do before you even get crankin is you want to make sure that your name and your stuff is available so the first thing you want to do is you want to highlight over here and the trademarks and then you want to search trademarks alright so once you do that you want to use the trademark electronic search system or TSS you click on that and this the option I usually use is number three word and or design mark search so what this does this allows you to not only see if your name is available but say for instance if they may have a design or something like that on there that you may not know that you can't use this just picks it all up so you just click on that and so alright so I was doing an example earlier so what you do is you just right here you just type in a name so let's do Beyonce because she's pretty pretty big you know BAE half was good she hit submit kori alright so if you look it'll tell you this it's the issue the serial number that they registered on and then I'll say a word mark or whatever the description or the name that is being trademark and this is live or dead if you see something that says dead that means that is something that is no longer available well no longer registered and sometimes they may happen just because the person doesn't you know renew the trademark for that name and the the reason why that may happen is when you don't have somebody legally doing this for you you have to you're in charge of renewing this thing by yourself and it's good for 10 years but halfway through that you have to basically let them know the hey we're still using this and it's still in motion so sometimes a lot of people forget because they register it and remember it's on you so you know I would make every attempt to remind yourself when you register that you can do that because the Eels really fall through the cracks or sometimes they just abandon them they just don't wanna use it no more it's not in business anymore they don't use it so if you look at Beyonce's she has a lot of things that is you know that is trademark so you got Beyonce rise so let's see what that is so it tells you the different codes you remember I totally music it's different codes each each one of these are your classes I'll highlight it right here for you all of those is your different classes and the arm represent different stuff you'll be able to see that when we get ready to go in and it goes really in detail so it tells you that this is part of her perfume probably her perfume that she had they first used this in 2014 for use of Commerce let's go back and let's look let's look at BAE half they have is her trademark she trademark may have 0 41 that's basically performances so it tells you right here entertainment services namely a website which community of users can post messages at photos videos it really goes into details featuring information related to the singer Beyonce knows all right podcast webcast online so that's that's what she's trademark for that and so it just tells you all those things that she and then when you when you get that big your trademark and everything everything that you need you can trademark that so that's just some things that of you would have and then she got some other things that's down here to Sasha Fierce well it says dead on that one but I'm pretty sure she updated it some point of time so they just tell you a bunch of stuff that she has the trademark so if you see that it's it's live and your name is not there whatever and you're good to go you're gonna want to go to this page and what I'm going to do is I'm gonna just go ahead and just post that in your description so you can get there and this is basically telling you what what classification you have so say for instance you're in a music industry you type in music well you type in music a lot of things are gonna pop up alright so when you look at the code with the class here this tells you a class ok so 0 0 like I said music is usually 0 0 9 so you got music headphones that's not what you're really good at but um 0:41 is the production of music that's telling you right here education providing of training entertainment sports and cultural activities so you're going to register for 0 0 0 4 1 and 0 0 9 so this is 0 0 4 1 so when you get to that class you're gonna check all the things that fall under 0 for 1 that that you do so for 0 for 1 you also have music production services composition of music for others music publishing services so if your producer you're gonna be doing 0 4 1 0 0 9 it's just to make sure you take care of your like streaming so you got downloadable downloadable files you know you keep looking at everything they got compact discs you w

Thanks for your comment Anita Wardell, have a nice day.
- Dannie Mascheck, Staff Member

Thanks for this interesting article

Thanks dineroporadsA your participation is very much appreciated
- Dannie Mascheck

About the author

Dannie Mascheck

I've studied galaxy formation and evolution at Slippery Rock University of Pennsylvania in Slippery Rock and I am an expert in history of computer hardware. I usually feel dorky. My previous job was sales representatives (mechanical equipment) I held this position for 17 years, I love talking about weaving and bagpipes. Huge fan of Paul Dano I practice sledding and collect film posters.