The correct way to protect the name of a band is to trademark it.
By Michael Kondoudis, Music Trademark Attorney
This is our QUICK guide to copyrights for band names.
A lot of musicians and bands want to know how to protect their names. In fact, this is one of the most common questions our office gets. Unfortunately, there is a lot of conflicting information on the Internet about how to do it. Do you copyright or trademark a band name?
If you need to know how to protect a band name, this article is for you. In it, we discuss:
Let’s jump right in!
I. How to Protect Band Names
Can You Copyright a Band Name?
No, you cannot copyright a band name. Names, including the name of a band, do not qualify for copyright protection. Copyrights protect creative works like songs, movies, and books. Names that cannot be copyrighted.
The way to protect a name, including the name of a band, is with a trademark.
Are Band Names Copyrighted?
No, band names are not copyrighted. Copyrights do not protect names, including band names. So, band names are not eligible for copyright protection.
The way to protect a name, including a band name, is with a trademark. Read our guide to trademarking your band name.
How to Copyright a Band Name
In short, you cannot copyright the name of a band. Names, including the name of your band, cannot be copyrighted. But you can often TRADEMARK the name of a band.
• How to copyright a group name
You cannot copyright a group name. Names, including the name of your musical group, cannot be copyrighted. But you can often TRADEMARK a group name.
• Can a band name be copyrighted?
No. Names, including band names, do not qualify for copyright protection. This is because copyrights protect creative works like songs, movies, and books, but not names.
How Do You Protect a Band Name?
Trademarks. The best way to protect a band brand is to trademark the name, logo (artwork), and slogan that you use to promote it. Trademarks are the easiest and best way to protect any brand.
Why You Should Protect Your Band Name
The name of your band is the cornerstone of your brand, and branding in the music business is as important as your music, videos, and live performances.
II. Copyrights vs. Trademarks
Many people often confuse copyrights and trademarks. It’s important to understand the difference between the two to effectively protect your band name.
What is a Copyright?
A copyright is a type of intellectual property that protects original works of creativity, such as performances, musical compositions, and artworks. With copyright protection, the creator gains the exclusive rights to reproduce, distribute, or perform the work publicly. However, copyrights do not apply to names, titles, or short phrases.
Examples of copyrightable works include novels, songs, paintings, photography, and movies.
Since the name of a band is not a creative work, it does not qualify for copyright.
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What is a Trademark?
A trademark is a unique symbol that differentiates goods or services from one source from others. It defends and safeguards brands, including band names, and ensures your hard work in building a brand reputation does not go to waste. Some common types of trademarks include names, phrases, and logos.
By trademarking your band name, you legally secure the rights to that name and prevent others from using it without your permission.
Read more about the differences between trademarks and copyrights.
Are Band Names Copyrighted or Trademarked?
Band names are trademarked. They are not copyrighted. Names, including band names, do not qualify for protection under copyright law.
Why is a Trademark the Right Way to Protect a Band Name?
Trademarks are specifically designed to protect names, including band names. So, to protect your band name, you need to trademark it instead of copyrighting it.
Trademarking your band name confirms your legal ownership of it and is the surest way to prevent anyone else from trademarking it in the music and entertainment industries.
Band names are brands. Trademarks protect brands.
III. How to Get a Band Trademark
You get a trademark for a band name by submitting an application to the U.S. Patent and Trademark Office and completing the examination process, which takes more than a year. You can read our guide about how to trademark a band name here.
How Do You Trademark a Band Name?
To trademark a band name, you need to apply to the U.S. Patent and Trademark Office. Learn about how here.
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.
Do You Need a Trademark Lawyer?
Federal registration of your band name ensures that it is protected. Working with an experienced trademark attorney maximizes your chances of success during the application process; maximizes your trademark protections; and minimizes how long it will take. Learn why here.
Working with an experienced trademark attorney often makes the difference between success and failure when it comes to trademark registration. Studies of USPTO data show that applicants who work with a trademark attorney are 50% more likely to register their band names.
In fact, the U.S. Patent and Trademark Office recommends applicants work with trademark attorneys:
“we strongly encourage you to hire a U.S.-licensed attorney who specializes in trademark law to guide you throughout the application process.”
IV. Condensed Summary
If you are a musician looking to protect your band name and ensure its exclusive use in the music and entertainment industries, then you need a trademark, not a copyright. Many people get confused about the difference between these two legal protections, but it’s crucial to understand that names, including band names, do not qualify for copyright protection.
Trademarks, on the other hand, are specifically designed to protect names, phrases, and logos that differentiate goods or services from one source from others. By trademarking your band name, you’re essentially defending and safeguarding your brand in the music world.
Why You Should Trademark Your Band Name
Opting for a trademark over a copyright is vital when it comes to protecting your band name. Here’s why:
– A trademark is a unique symbol that identifies goods or services from one source and distinguishes them from others. It defends and safeguards brands, including band names.
– A copyright protects original works of creativity such as performances, musical compositions, and artworks. However, it does not extend its protection to names or titles, making it unsuitable for safeguarding band names.
Now that you know the difference, let’s walk through the process of trademarking your band name.
How to Trademark Your Band Name
- Submit an application to the U.S. Patent and Trademark Office. This process can be long and confusing, which brings us to our next step.
- Work with an experienced trademark attorney. Engaging a professional will maximize your chance of success and minimize the time it takes to protect your band name. They’ll guide you through the entire process, making it seamless and stress-free.
Final Thoughts
Don’t let your band name go unprotected – trademark it today to confirm your legal ownership and prevent anyone else from using it in the music and entertainment industries. After all, band names are brands, and trademarks protect brands. By safeguarding your band name, you’ll be able to grow your audience, build your reputation, and focus on what truly matters: making great music!
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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).