Trademark band name canada [New Info]

Last updated : Sept 2, 2022

Can I trademark my band name?

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.

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.

How much is it to trademark a band 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 do you legally protect a band name?

To prevent others from using the name for any reason, including on merchandise, you need to protect it through a registered trademark. Technically, you can claim rights to your band name without registering it; however, it is more difficult to take action against others who use the name.

How do you trademark a musician name?

1. Select your name. Selecting a name is more difficult than you might think.
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.

What if a band has the same name?

If two bands have the same name and their territories do not overlap, each band would be entitled to prevent the other from entering into its “zone of protection”, and both have the right to expand into “unoccupied territory” so long as their areas of operation remain remote.

What is a Class 35 trademark?

Trademark Class 35 is a service category that includes a range of business and professional services. Most of the included services help with carrying out, managing, or advertising a commercial or industrial enterprise.

What do I do if my band name is taken?

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.

How do I trademark my rap name?

Fill out the Trademark Electronic Application on the government website carefully. Three months after your file, you should check in on its status. Most trademarks can take up to a year or longer to complete, but you can check the process using the serial number you receive once you file your application.

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.

Do I need to register 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.

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 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 you be sued for having the same band 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.

Can you use a Taken band name?

If your band name is taken, I still recommend checking to see if it's trademarked. If someone is using your ideal band name and they haven't trademarked it, you can still get the trademark for that name to use it for your band.

What is trademark class 40?

CLASS 40 (Treatment of materials) Treatment of materials. Class 40 includes mainly services not included in other classes, rendered by the mechanical or chemical processing, transformation or production of objects or inorganic or organic substances, including custom manufacturing services.

What is trademark class 44?

Class 44, a very broad category, includes medical care, hygienic products, and beauty care products for both humans and animals. It also includes certain services relating to the fields of agriculture, horticulture, and forestry.

What is trademark class 41?

Class 41 includes services for education, tutoring, training, entertainment, and various sporting and cultural activities. Class 41 covers mainly services rendered by persons or institutions to educate persons or train animals, as well as services intended to entertain.

What band names are not taken?

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

How do I register my band as a business?

Registering a publishing company is really easy. Simply go to your local City Clerk's office and request to fill out a Business Registration form. Complete the form, pay a small fee (usually no more than $80), and viola! You're officially the founder and president of a new publishing company.

Check these related keywords for more interesting articles :
How to patent a design in usa
How to determine brand personality
What is accepted and advertised trademark
What is intellectual property rights and responsibilities
How to buy an expired copyright
Trademark search canada
What intellectual property right did he violate
How to patent a document
How do i trademark a band name
How to protect a brand
How to apply for provisional patent online
Best trademark registration company in india
How to get copyright permission for harry potter
Why should intellectual property be protected like personal property
How to cattle brand yourself

Write a comment

how do you trademark the name and logo of your music band and should you even bother my name is Andre Mincha from the founder of trademark factory and in this video I'm gonna cover the whys the lands the what's and the house of trademarking and music band so what is there in common between kiss great white rat Quinn strike and la guns they all had major trademark fights around their brand names around their band names with their former members and that is a great illustration of why you need to properly trademark the name and the logo for your music band so let me go through this step-by-step the first question is why you need to do this well turns out that as the popularity of the band grows the band name becomes one of the most recognizable parts of the band sometimes even more than the music and certainly becomes the most valuable part of the band because the music you can play anybody can play the music but only the band can tour under that band name as long as they properly trademarked the name so the money that the money from gigs which today really in today's world we're very very very little is paid to musicians in terms of their copyright royalties they make most of their money doing what doing the gates doing the tours right from the from the tickets from live concerts and in order for you to make that money you need to make sure that you're the only band that can play the music under the band name right and the more popular the band name the more important it becomes well what do you think is the value of for example Metallica you know doing their multi-million dollar shows right if anybody else could just say well we're also Metallica you know go see us live that we severely diminish their economical value of of the entire corporation that metallic an L is so that's why it's so important for you to own the band name similarly with logos logos change and I mean it really depends on some some bands change logos from album to album some bands have the same logo from day one until the day they die and either way as long as you have something recognizable some graphical representation of the band or the band name you want to own that as well because again you want to make sure that nobody else can take advantage and a free ride on the fame that you have built because today when you're starting out it may be less important but as you grow as the your popularity grows and as you may start facing some disputes with ex members or new members you want to make sure you know how to control the use of the band name and the logo now the next question is who is going to own that brand because that is crucially important because you may start your band you know three or four of you and then years down the road some members will leave some members will die and some members will join and so the question is who actually owns the name who actually owns the logo and this is something that you should consider at the very outset there's no right and wrong answer it may be the founder is gonna own it maybe a couple of founders maybe all of them maybe corporation behind them but it needs to be extremely clear for all of the band members what's gonna happen with a band name if one of them leaves like I said there is no right answer it could be that let's say a drummer you know starts a band and you know he finds the guitarist the bass player the vocalist he comes up with a name they do something together they become popular and then the drummer decides to kick everyone else out and bring new people right so can the drama or control the name maybe as long as when he invites everybody to join the band in the first place he says he tells them this is how it's gonna be I own the name we're gonna be in this band do you want to be a part of the band to which I own the name yes yes great if no then we have a problem right but those are contractual issues that must be resolved early early on the only reason you wouldn't have those discussions is if you think that you will never ever build something of value right and it's somewhat similar to prenuptial agreements and you know a marriage but it's probably even more valuable and even more important with with the bands because you know marriages is is it's something between two people and it's okay to take risks sometimes it's you know a lot of family lawyers would advise you to never you know get married without a contract and maybe they're right but again it could be calculated risk right on on the part of either either the the husband or the wife but with the music band it's an economical venture it's it's it's a business venture it's not just about feelings it's not just about you know what what's gonna happen when you grow old it's about why are you being a band why do you have a name why do you have a logo yeah big part of it is because it's fun but if you're hoping to make this your professional career that's gonna make you money well you've got to make sure that you take care of all the ins and outs and legalities so make sure you know who owns it and if it's a corporation again make sure you have all the proper documents all the eyes all the t's taken care of because you want to make sure that when somebody leaves that corporation right and for example the worship holder they're no longer shareholder then again you know how to control the use of the name by the leaving shareholders very very very important certainly worth spending some money on a consultation with an attorney who's gonna help you design those contracts to make sure that everyone understands what's happening right so the next question is where do you trademark and you want to get a trademark in all the jurisdictions where you think you've got enough of a market to care about it so if you know and and it's also a function of your growth right the bigger the band the more countries you want to cover with your trademark registration so like big acts like you know Metallica and you know I can I can name a lot more of those but I don't know why for whatever reason metalic is the one that comes to mind their trademark in a lot of different countries just because they're so big that the brand is so valuable if you're just starting out if you're playing bars probably you don't need to trademark your brand and you know in in in you know Africa and maybe Asia right you you want to start with maybe you ask Canada maybe Europe again depending on where your tour and they depending on where you think you would tour if you're successful and there are risks involved of course I mean the the safest bet is to trademark your brand right away everywhere why the problem is most bands don't have the resources to do that and it could be a waste if you start with a global trademark for our band that No he's ever heard of so but you want to be very paying very close attention to how your music is being adopted and if people actually give a damn and if you see that people start loving you and you started getting better and better gigs you're starting to get are starting to get better deals that's a good that's a good time to say to yourself okay I think this

Thanks for your comment Pierre Fly, have a nice day.
- Delmar Paglialunga, Staff Member

Oh Canada social trademark thy brands am Andre mink of the founder of trademark factory Canada has gone through some significant changes in its trademark laws lately and is now closer to all the rest of the world dust trademarks and in this video I'm going to share how to trademark a brand name and logo in Canada first of all if you or your company are not in Canada and you have a trademark application or registration in your home country if you are plenty to protect your brand in more than five other countries know that you may now include Canada in your Madrid trademark application this is new as Canada has for years refused to join the Madrid system and now he's finally a member yay also if you already have your International Madrid registration you can now add Canada through the subsequent designation mechanism this is basically how you can expand the geographical scope of your International registration without having to go through the whole process from scratch okay with Madrid applications out of the way and by the way I have several other videos that explain the Madrid system in more detail now let's talk about registering your trademark in Canada directly now there are a few things you should keep in mind first of all aside from the brand owner the only persons authorized to communicate with a Canadian Intellectual Property Office are registered trademark agents being a lawyer or a patent agent or just someone who knows a lot about trademarks is not good enough you need to be properly recognized and have a trademark agent license now just to give you some context most lawyers in Canada are not licensed trademark agents now as much as I despise the idea of licensing of government licensing things are what they are so it's just something you should accept as reality now if you don't want to file and prosecute your trademark application yourself you need to have a registered trademark agent do it for you okay second the trademark you process in Canada now takes crazy long time usually more than two years now it used to be that they would examine your trademark application within six months after filing then it became eight then nine then 11 now it takes over a year for them to look at most applications for the very first time it just sits there and I know it's super frustrating but that's what it is now expect your application will take forever to go through and start sooner rather than later okay the process itself is very much like trademark registration in most countries now first you should conduct a search to see if your brand is trademark Abel now in theory it's optional Canadian Intellectual Property Office is not gonna require you to produce any evidence that you have done your homework that you have done your searches but why would you start a two-year process without having a clue as to whether your trademark is even registrable it doesn't make any sense and I don't mean just a knockout search when you're searching for identical trademarks only I mean do a proper comprehensive search to make sure you're not wasting your time and money okay then you would file your trademark the government fees are now three hundred and thirty Canadian dollars for the first class of goods and services in which you file your trademark plus one hundred Canadian dollars for each additional class now for example if you file your trademark in four classes you will pay six hundred thirty Canadian dollars as filing fees three hundred plus three times one hundred and yes Canada has finally adopted the NYSE classification so all applications need to have goods and services grouped according to the official classes by the way we've released several videos on classes and our working and a few more so if you want to know more about how trademark classes work make sure you subscribe and check out our other videos now most trademark applications are filed online through C polls website and then once the examiner finally reviews your application for the first time they will either mail you a notice of approval or an office action and I mean mail by paper now we receive dozens and dozens of envelopes every week and then we scan and shred them you would think that they'd have figured out a way to post these documents online by now but hey they're gonna tell you how much they care about saving the environment and text the crap out of you and then they're gonna send you tens of thousands of letters that could have easily been sent by email but I digress if you receive the notice of approval you'll have a chance to review it to make sure all details are correct before your application gets published in the trademarks journal for opposition purposes and if you receive an office action you will have six months to respond to it by fax or by mail now by email not through an online form by fax or by regular mail now the next time you'll hear from the examiner will be many many months later and then you have another six months to respond and so on now assuming the application eventually gets published anyone will have two months to oppose your trademark application or request a three months extension of time to do so if your application is opposed then there's a whole lot of procedural back-and-forth that you would need to go through including in certain cases oral hearings and if you win the opposition or if nobody opposes your application within this period your trademark application will be allowed and registered yay the funny thing here is that while sepal sends all of their notices and office actions by regular mail only document you would actually want to receive as an original would be the trademark registration certificate but guess what it's the only document they send you as a go figure now I thought it was kind of dumb so what we do here a trademark Factory is we print these PDFs out we put them in a nice custom frame and we mail them to our clients I mean after all this is the moment they've been waiting for two freakin years and we want them to have something tangible to celebrate over not some PDF file okay once your trademark registers in Canada you will need to renew it in ten years and then every ten years after that so that's how you trademark your brand name and logo in Canada I hope this gives you a pretty good idea of the process and just so you know we can help you with the entire process from start to finish for a single all-inclusive flat fee risk-free guaranteed not me personally I'm a registered Canadian trademark agent our all-inclusive flat fee is not a bait-and-switch offer to get our foot in the door and then milk you as an ATM as the trademark you process unfolds it covers everything from filing to registration except for our positions and by the way yes we do have a package that covers our positions as well and yes if you're serious about your brand and your business you will find our fee very much manageable and affordable just don't expect some silly offers where they say you can get your brand trademarks for a couple hundred bucks and if we fail at getting your trademark registered in Canada you will get a full refund no matt

Thanks pintaplacerD your participation is very much appreciated
- Delmar Paglialunga

About the author

Delmar Paglialunga

I've studied clinical neuropsychology at Alderson Broaddus University in Philippi and I am an expert in natural resource management. I usually feel anxious. My previous job was poets and lyricists I held this position for 31 years, I love talking about lacrosse and bass guitar. Huge fan of Harper Lee I practice handball and collect books.