How to trademark my stage name [Expert Guide]

Last updated : Sept 26, 2022

Is an artist's name copyrighted?

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.

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.

Should I trademark my stage name?

Trademarking an artist or stage name is an important legal protection for artists in a variety of fields. Whether you are an actor, singer, musician, painter, sculptor, writer, or another type of artist, a trademark can help protect your name – and your work – from misuse and infringement.

Is a stage name a legal name?

Actors can work a lifetime under a stage name without ever changing their name legally. Most states make this process very easy, especially for child actors, and make room on the entertainment work permit to list a child's stage name. Checks and contracts are made out to legal names.

Can 2 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 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.

How much does it cost to copyright a stage 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.

How much does it cost to copyright an 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).

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 you trademark a musician name?

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

How do I copyright 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 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.

Can you use stage name for copyright?

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.

Should I use a stage name or my real name?

Many actors choose to use neither their birth names nor their stage names on private social media accounts so as to protect their identity and keep fans from finding their personal accounts. But on all public-facing sites and in social media accounts, definitely use the same stage name.

Should I put my stage name on my resume?

1. Name: Most important on your resume is your stage name—the name you go by professionally in the business. This should be in a larger typeface and right up top.

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 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.

What if someone has my artist name on Spotify?

If you want to change your artist name, you must cancel the title and resubmit with a new fee and bar code. Please be aware that some of the digital partners may hide the updated version from their store if you use the same sound recording with a different artist name.

What's the difference between copyright and trademark?

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.

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Write a comment

if a band files a copyright what does that really protect is it protect the lyrics and the music or their different forms you can file to protect the recorded song versus the lyrics or do you need to file both so that's a good question too um you know you can I'll be honest I actually don't file them as often but I have filed them in in the past so my memory tends to lapse a little bit when it comes to exactly what to what to file unless I'm looking at the application right but you can you know there's a copyright in the sound recording and then there's a copyright in the lyrics and so those are two different copyrights and there's a there's a there's an exponential amount of of people that can own the copyrights when you start talking about registering a copyright for sound recordings registering the copyright in the lyrics based on the number of people that have contributed to that work okay so let's say you know three people contribute to the lyrics then each of those three people is going to own a copyright in the lyrics now if five people are six people contribute to the sound recording then those six people also have a copyright in the sound recording and so it can it can become complicated sometimes but I'm talking about in the future when you want to assign the copyright to a publisher or to a record company that's when it becomes complicated but when are you just talking about registering it you just have to make sure that you're including the right owners in that copyright registration and you that part is pretty straightforward okay now if somebody changes a lyric or something in the songs that necessary to file a whole new copyright application that is a really good question um I've done it I've actually changed words and some of my songs and file another because I didn't know what to do yeah that is a really good question actually and it's tricky my my gut tells me that uh if you've changed the work substantially right then it becomes a whole nother copyrighted work if you're only changing a lyric I'm not sure that it would be changed substantially enough to where you would now own your own entire song or you would be the owner of an entire new set of lyrics because then I would say well one lyric is not like I said substantially changing the entire composition of the work understood yeah and so that is where you get into you know breweries lines so it really comes down to if there were an infringement and it did go to court it would be up to a judge or a jury to decide that well either it could be either which is really unlikely unless you hit it big with something and somebody would just blatantly Richie off big time which is yeah I mean I'll be honest with you sometimes it doesn't matter how big you are although that certainly is one of the factors what matters more is how deep are your pockets sometimes small people can have deep pockets or very popular people obviously have big pockets right um and so I think that that's really what it comes down to or even if the defendant has big pockets then it might be a worthwhile case for the plaintiff um so so I think that those are those are the factors to analyze do you think that the you remember ever hearing about the poor man's copyright where you fold up your lurch put it in an envelope and mail it to yourself yeah it's kind of stupid I've been asked before and yeah you know it's not in like the lawyers handbook it's not you know copy copyright lawyers don't learn that in law school and so I'm pretty sure that that wouldn't be like a default method that I would recommend to a client Oh gotcha I got you so if a band files a trademark and it's approved and some other band starts running around using the same name what does the band who owns the trademark do the band who owns the trademark now if it's registered they can sue them in federal court that right away or do you say hey season two cents stop using my name where I'm going to get you like what do they really have to worry about it's a lot of bands just hey I like this name I'm gonna call myself oranges and apples and I'm not worried if there's some other guy not the word not yeah yeah I was about to say actually that yeah but there are a number of steps that you can take before you just decide to file a lawsuit and yes what you mentioned is one of those steps so you know on the most basic level you can say to them you can reach out personally as a band member let's say you want to see you on the trees please reach out to them and say you know what I've been using this name since you know such and such date you need to stop using the same or you know I can pursue legal action but I'm not you know I don't want to get there so let's just resolve this amicably um then it could go either way they could say oh you know what I have no idea and many times that is the case they simply just don't know and so they'll say okay I'll stop other times I'll say okay but I don't care and so then that's when you can decide to see a lawyer and then the lawyer would probably send them a cease and desist letter or reach out to their attorney and kind of try to do the same thing I'll make you believe that doesn't warrant Tennessee synthesis if that doesn't work then gotcha but you could just file a lawsuit right away yeah you could if you feel aggressive that day but just make sure that you're gonna feel aggressive the next day and the next thing the next day because it's not the kind of thing you want to play around with right right it's there to get kind of expensive so is it expensive to file a trademark a lot of bands have asked me that that's all relative right to some people it's like wow that's so expensive and to other people it's like oh that's a small price to pay for protecting my brand right um but you know the basis the application for you at the USPTO can be 225 or it can be to 275 depending on what kind of application you file and then of course attorney fees can range anywhere between like six hundred all the way to twelve hundred it just depends okay depends what kind of water on it to you how many classes whether you want to file the logo and the name that's right so you're going to be looking at 225 or 275 per identification of goods and services okay so that means that let's say you just sell hoodies clothes then that's one class but now if you're gonna sell hoodies and CDs you have or downloadable music and then you're also going to sell I don't know what's an example I just car parts or something because that's your hobby under that same brand um then then you're looking at three different classes so it would be 275 times three oh yeah and then your attorney fees if you are filing through an attorney so yeah there are costs to look at a lot of people just use one class the one that they mostly are using and one the most protection in first and that's I mean that that's really how you have to look at it if you're looking at budgeting for this thing but you know if you want to be comprehensive you should select all of the identification of goods and services that are applicable to you understood so what if I'm a ban

Thanks for your comment Nick Widjaja, have a nice day.
- Stuart Nardozzi, Staff Member

Thanks for this interesting article

Thanks Lesley your participation is very much appreciated
- Stuart Nardozzi

About the author

Stuart Nardozzi

I've studied space colonization at Lewis & Clark College in Portland and I am an expert in process design. I usually feel energetic. My previous job was military officer I held this position for 25 years, I love talking about hula hooping and sculpting. Huge fan of Michael Pena I practice scuba diving and collect clothing and accessories.