Can i use a brand name in a song [Last Infos]

Last updated : Sept 14, 2022
Written by : Jamie Mancina
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Can i use a brand name in a song

Can I use the name of a song as a business name?

Copyright law does not protect business or trading names, slogans, short phrases, expressions or titles (such as titles of films, songs, books, etc) as they are not considered to be substantial enough so as to considered to be an original work.

Can I name my product after songs?

Yes, generally. Song titles aren't entitled to copyright protection.

Can a song have the same name as another song?

You often see songs with the same title, and that's because song titles can't be copyrighted. But there are still a handful of times when giving your song the same name as another song may get you into trouble, legally or otherwise! Improve your songwriting by mastering piano.

Can you use the name of a character in a song?

Yes, you can name a song after a comic book character and include the name in the lyrics to the song. You have to make sure that your artwork, publicity and presentation of your song do not create a false likelihood of confusion as to the...

What is trademark in music?

Copyright protects lyrics, melodies, arrangements, recordings, performances, and so on. Music performers are aptly called “artists”, and copyright protects “works of art”. Trademarks are also important. While copyright protects the artistic side of things, a trademark protects the commercial side of that art.

Is a name copyrighted?

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

Can you name a clothing brand after a song?

The fact is this: most names for example, can not be copyrighted. After all, we do own the names of everyone whose name is contained in a song. Many common brands which are usd in common language can not be copyrighted as well.

What is a trademark vs copyright?

Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.

Can you name an LLC after a song?

In most cases, the answer is yes; musicians can benefit greatly by forming an LLC.

Can two artists have the same name?

In the world of actors, for example, no two actors are allowed to have the same name as each other and both belong to SAG (the actors union). That's why Samuel L. Jackson is Samuel L. Jackson, and not Sam Jackson or Samuel Jackson -- those names were taken.

Can songs share the same title?

There are only 26 letters in our common alphabet and only so many ways even the most creative songwriter can arrange them. As a result, numerous songs that may vary wildly from one another end up sharing one most basic element in common: their title.

Can you name a song after a city?

All The Way To Reno (You're Gonna Be A Star) - R.E.M. Christmas in Hollis - Run-D.M.C. Don't Go Back To Rockville - R.E.M.

How long can a song play without copyright?

You may have heard of "fair use," a copyright provision that permits you to use 10, 15 or 30 seconds of music without copyright obligation. That is, you understand that you can use a short section of a song without paying a fee.

How much do you have to change a song to avoid copyright?

According to internet lore, if you change 30% of a copyrighted work, it is no longer infringement and you can use it however you want.

Can songs have trademarks?

In the world of music, a band's name is its brand, and as such, can be protected as a service mark. Examples of bands with trademarks include The Grateful Dead, Aerosmith and REM. Bands can also register trademarks in relation to their albums, t-shirts or any other merchandize they produce.

How do I protect my artist 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.

How do I find out if an artist 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 much is it to copyright a brand name?

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 is not protected by copyright?

Not Protected by Copyright: Titles, names, short phrases and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering or coloring; mere listings of ingredients or contents.

How do I check if a name is copyrighted?

You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)'s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.

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Can i use a brand name in a song

Comment by Frederic Rauf

there are an estimated 300 million companies in the world today that's 300 million brands some brands as big as apple and coca-cola others are small as a one-person business with so many brands in the world it's getting harder to create and find a unique name so how do you create a great brand name how can you play and win the name game you start with three steps first select what type of name you want there are seven different categories of names and pretty much every brand in the world falls within one of these seven categories eponymous names like disney and burberry work by embodying the vision and beliefs of their founders these names are okay if you're feeling lazy or just have a big ego adidas is more unique it's derived from addie dassler the company's founder and tesla wasn't created by nicola tesla he died in 1943 but the name is an homage to tesla's electrical engineering achievements descriptive names like american airlines and the home depot work by telling you exactly what the company does but these names can be a mouthful and are much harder to own and protect acronyms like ge and bp are just shorthand versions of descriptive names some acronyms are more strategic kentucky fried chicken switched to kfc because fried chicken didn't sound too healthy and the hong kong and shanghai bank changed to eight that changed to hsbc to help the bank expand globally real words like uber and slack are ripped right out of a dictionary and suggest attributes or benefits uber literally means an outstanding example so it works well for a company with big broad bold ambitions beyond ride hailing now real words might seem like good ideas but in a world of 300 million companies it's getting harder to find a name it's hard to find any real words left in a dictionary composite names like facebook and ray-ban are created by gluing two words together these names have a kind of one-two punch and can be really memorable because it's so hard to find real words companies like kleenex and pinterest have invented names by changing adding or removing letters for impact now invented names can be highly unique but if you're not careful they can start to sound like pharmaceutical drugs or worse the name of a sofa from ikea associative names work by reflecting imagery meaning back to their back to the brand the amazon in south america is the world's largest river therefore the earth's biggest selection of books clothes content and so on sirius is the brightest star therefore the radio channels where you can hear the brightest stars of music and entertainment and red bull associates to a drink with bull like qualities such as power and confidence some brands are derived from non-english languages like samsung which means three stars in korean lego means play well in danish zappos comes from the spanish word sapatos for shoes and hulu comes i bet you didn't know that hulu actually comes from a chinese proverb a hulu is a bowl used to store precious things finally the seventh type is abstract names names like rolex and kodak these names have no intrinsic meaning but instead rely on the power of phonetics to create really powerful brand names okay so once you've decided what type of name you you want you need to decide what you want the name to say and look of course it's tempting to create names that talk about who created them or what you do or where you operate but the best brand names don't don't describe they stand for a big idea ones that translates into emotional appeal nike is about winning gopros about heroism apple is about simplicity and usability and google comes from the math term that's a one with a hundred zeros after it so that really big number helps support the company's really big original vision to organize the world's information so as you think about your new brand think carefully and ask yourself what's your big idea the third step is to check the name isn't already taken you might have to create hundreds of names perhaps thousands before you find one that's even available and of course don't forget to check the name means doesn't mean anything negative in other languages or countries the last thing you want is an embarrassing naming fail like this brand of toilet paper from sweden finally a few words about alphabet the parent company of google and now one of the world's most valuable companies much has been said and written about the the business strategy but i'll say a few words about the name is alphabet a great name you bet first of all the name is an idea as we all know an alphabet is a set of letters that forms the basis of all language and communication second the name provides a playful link back to the companies underneath g for google c for calico n for nest x and so on third the name encourages wall street investors buy this stock and you're making an alpha bet one that will outperform others and last of all the name is a real dictionary word which is a rare find these days now there was only one issue with alphabet car company bmw owned the url but you know here's the thing doesn't matter as much these days now that we find stuff through google search and we connect with brands through social media and smartphone apps so alphabet the company forgot about and instead found a shorter and more unique web address thank you thank you jonathan

Thanks for your comment Frederic Rauf, have a nice day.
- Jamie Mancina, Staff Member

Comment by Florencio

Thanks for this interesting article

Thanks Florencio your participation is very much appreciated
- Jamie Mancina

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