How to trademark an artist name [FAQ]



Last updated : Aug 15, 2022
Written by : Jayson Sarratt
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How to trademark an artist name

How much does it cost to trademark your artist 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).

Do you trademark or copyright an 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.

What trademark class is an artist?

It is important to choose the correct class of goods and services and to choose the correct subcategory. Both songwriters and performing artists will want to choose Class 41, but the subcategories will be different. Picking the wrong subcategory can lead to costly delays at the Trademark Office or even a denial.

Can a singers name be 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.

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.

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.

How do I trademark 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.

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

To search the USPTO's trademark database, go to TESS and choose a search option. If you are searching for a name, you can use the trademark name search. If you are searching a design mark, such as a logo, you will first need to look up your design code using the USPTO's Design Search Code Manual.

How do I copyright a name?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer's help. The simplest way to register is on the U.S. Patent and Trademark Office's Web site, www.uspto.gov.

How can I get my artwork trademarked?

  1. Go to the Library of Congress website and click on the electronic Copyright Office (eCO). Fill out the registration form and pay the required fee.
  2. Once the registrar's office examines your application, they will send you an official certificate of registration.

How do I register my art business?

  1. Obtain your Federal Employer Identification Number. a.k.a. FEIN, EIN, FIN.
  2. Register your business with your state.
  3. Apply for a sales tax license with your state and city or county.
  4. Open business accounts.

How can I protect my art?

Like anything else that can be copyrighted, artwork is protected by copyright when the art is affixed in a tangible form (such as a painting, sculpture, or drawing). You have to register your copyright with the US Copyright Office if you want to be able to take infringers to court and be awarded damages.

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.

How do you protect a 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.

Can I copyright my stage name?

Yes, you can trademark a stage name that you use to promote or sell your products or services. If a stage name is trademarked then it will prevent another individual from performing similar services under the same name.

Can I sell art under a pseudonym?

It's quite common for artists from all mediums to use pseudonyms. However, there can be legal repercussions. Before signing off with a pen name, you should carefully consider why you may use it, how to protect your real identity, and the risks involved.

Should I use my real name as an artist?

It's not a decision to be made lightly – your name is your brand when you are an artist. If you are convinced that your given name just doesn't cut it, however, a name change may be just the right strategy.

Can you have a pen name as an artist?

An artist can use two names or replace their name with a pseudonym. Artists usually use another identity to create a brand or signal a change in style. Artists also use a pseudonym if another artist has the same name, has a common name, or wants to hide their identity.

What are the three types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

How long does a trademark take to get approved?

Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.


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How to trademark an artist name


Comment by Edmond Searby

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 Edmond Searby, have a nice day.
- Jayson Sarratt, Staff Member


Comment by murderx56X

Thanks for this interesting article


Thanks murderx56X your participation is very much appreciated
- Jayson Sarratt


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