How To Register Trademark For Band Steps

How to Trademark Your Band Proper noun

Successful bands like the Beatles (and their heirs) make money by licensing their trademark to companies such every bit Rock Ring. (image source)

What is a trademark?

A trademark is a word and/or logo that helps people identify your brand (which for our purposes is your band). Sometimes things such every bit audio and color can be trademarked too. So in theory, if y'all always starting time your shows with a very specific and distinct riff to permit listeners know without a dubiousness that information technology'southward your band, you could technically trademark that too!

How are trademarks formed?

Unlike copyrights, trademarks evolve from use instead of creation. The difference between the two is that when you lot write a new song downward, it automatically has some copyright protection, whereas when yous think up a cool name for your band, it has no trademark protection until y'all actually start to use the name publicly. Later you outset to build public sensation, you can employ for federal trademark registration. A trademark is generally granted to the first person/company who uses the trademark in commerce, and then if your band has already been performing in public or selling CDs and merch, you may already have some trademark rights in the geographic regions where y'all perform music and do business.

Why trademark your ring name?

If you intended to buy tickets to The Rolling Stones, you would exist pretty unhappy to find out you had accidentally bought tickets for the kiddie sing-along by an unrelated group chosen Rollin' Stone! Trademark protection prevents bands with confusingly similar names from frustrating fans and taking business concern away from each other. It grew out of consumer protection and fair business practise laws, and is meant to make things less confusing and more than fair for everyone.

Since trademark rights apply to the region where you do business, it's possible for multiple bands with the same name to legally have registered trademarks. This could be problematic if you dream of making it big and becoming a national or international presence. Successful federal trademark registration may grant you lot the ability to stop about people from using your band's name at a national level, thus offering more protection in the issue y'all make up one's mind to tour nationally.

Another expert reason to trademark your band proper name is that if you practice become a huge success, you can license your trademark to make even more coin. Successful bands such equally the Beatles (and their heirs) proceed to savor money by licensing their trademark to companies – just think of how much money Stone Ring had to pay to apply The Beatles' trademark on their best-selling video game!

How to trademark your band name in 7 steps

Think of a name that is eligible for trademark protection. Your band's proper name cannot exist generic or very descriptive. For instance, you lot are very unlikely to go a trademark if you proper noun your group "BAND." The more fanciful (made upwardly words like Coachella) or capricious (similar The Beatles), the more probable your band name will exist eligible for trademark protection.
Exercise enquiry to find out if others are using your proper name. To discover out if someone else has the aforementioned or similar name to your band, do several Google searches using a variety of keywords. Later your preliminary search on the web, do a like search using the United States Patent and Trademark Part'due south Trademark Electronic Search Organization. Yous will find companies that had or currently accept the same or similar trademark, and the types of products and services covered past their trademarks. Trademark is meant to avoid customer confusion, so if there is a chance people might misfile your band for another existing band or production, and so start thinking up new names!
If your dream name is taken, reinvent yourself! If an existing company or band already has a like name to the ane y'all want, consider where they operate and what they make/do. If you would both exist operating in similar geographic regions, and so observe a new name. Definitely don't use a name that is already being used by someone in the music/entertainment manufacture, merely beware of non-music related companies besides. Customers might confuse similar names with some sort of product endorsement. For example, if you name your band "Coca-Cola," people might assume that you are in some way connected with the fizzy drink behemothic! The greater the possibility of confusion, the less hazard yous take of getting a trademark.
Get-go using your name in public. Make sure to keep some show of the public use of your name like posters, tickets, CD orders and anything else that proves that the public knows who yous are.
Consider consulting a trademark/intellectual property attorney. You can file a trademark registration yourself, only just be enlightened that there are a lot of forms. Attorneys experienced in trademark applications know how to get y'all the well-nigh protection. The Beatles agree several trademarks that include use on everything from records to makeup and even underwear! Consult an attorney to get the most trademark protection from your application.
File a trademark application. You can file a trademark application via the online Trademark Electronic Awarding Organisation. In addition to filling out forms, you lot'll need a filing fee of $275-$375 (details hither), a drawing of your logo or band proper name if information technology is stylized, and proof that you accept been using your band name commercially/publicly.
Police force your name. In one case you are granted a trademark, it is your duty to police the marker past taking people to court who try to use your name commercially without your permission. Someone using your band name as function of a news article or interview is fine, but when someone starts to sell trinkets featuring your band name, they should go your permission first or suffer the legal consequences.

For more information on the trademark application process, visit the United states of america Patent and Trademark Office website. If you've got 40 minutes to spare and desire an in-depth crash course on all things trademark, watch their trademark video.

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