By Michael Kondoudis, Music Trademark Attorney
This our This blog answers the question: Can you use trademarks to protect a band name?
If you need to know if trademarking can help protect your band name, read on. This guide is for you.
Let’s get started!
Can You Trademark a Band Name?
Yes, you can trademark a band name. The U.S. Patent and Trademark Office accepts applications for band names. Band, music, and entertainment services are protectable with trademarks. So, you can trademark your band name, logo, and any slogan used to promote your band.
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Do You Need to Trademark a Band Name?
Yes, you need to trademark the name of your band. Trademarking the name of your band confirms your legal ownership of the name and prevents anyone else in the entertainment industry from trademarking it and taking it from you.
If you do not protect your band name, anyone can use it and possibly even steal it. If that happens, you would be forced to rebrand.
What Parts of a Band’s Brand Can Be Trademarked?
The name, logo, and any phrase/slogan used to promote your band can be trademarked.
What Parts of a Band Brand Cannot Be Trademarked?
Not every part of a band’s brand can be trademarked. You cannot trademark songs and merchandise. Trademarks protect how you identify and promote your music, recordings, videos, and performances. A trademark will not prevent another band from creating songs similar to yours.
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How Do You Trademark a Band Name?
To trademark a band name, logo, or slogan, you need to apply to the U.S. Patent and Trademark Office. Learn about how here.
Briefly, these are the three steps to trademark a band name:
1. Research: Conduct thorough research to ensure that your desired band name isn’t already being used by another band or registered as a trademark. You can start by searching databases, social media, and online streaming platforms.
2. Choose a unique name: Aim for a distinctive band name that stands out and can be easily associated with your music. Avoid generic or descriptive names to ensure successful trademark registration.
3. Submit a trademark application: File an application with the appropriate government office, such as the United States Patent and Trademark Office (USPTO) in the United States. Make sure to follow their guidelines and regulations, and provide all the necessary information and documentation. The application process can take some time, so be patient while waiting for approval.
A word of warning – filing an application starts a Federal legal proceeding that can be very confusing and complicated. For this reason, and many others, the U.S. Patent and Trademark Office recommends that you work with a trademark attorney. Learn why.
When Should You Trademark a Band Name?
Most experts agree that you should trademark a band name earlier rather than later. The process takes over a year, and your brand is exposed every day before the U.S. Patent and Trademark Office grants a registration.
Condensed Summary
When It Comes to Band Names, Trademarks are Your Best Friend
The answer is clear – you trademark a band name. Trademarks are specifically designed to protect brand identifiers like band names, logos, and slogans.
The U.S. Patent and Trademark Office (USPTO) accepts applications to trademark band names, and applicants register trademarks for band names (and logos) every day. Trademarking a band name offers strong and broad protection, ensuring that you have the exclusive legal right to use the name and prevent the use of any mark that is identical or confusingly similar to it.
Why Trademark a Band Name Instead of Copyrighting It?
Trademarks protect brands, like names of bands.
Summing Up: Trademark Your Band Name for the Best Protection
So there you have it! Next time someone asks you whether to copyright or trademark a band name, you can confidently tell them to go for a trademark registration. This option provides stronger and more comprehensive legal protection bands.
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For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.
Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).