In this article, we’ll teach you how to trademark a name. Bands, artists, and singers should all trademark their “stage name”. But before we get into this, let’s look at what a trademark is.
WHAT IS A TRADEMARK?
A trademark protects things like names, logos, and slogans. If you want to sign branding deals, you must legally own your name to do so. (aka you need a trademark)
WHY SHOULD I GET MY ARTIST/BAND NAME OR LOGO TRADEMARKED?
Trademarking your band or artist name protects it from others using the same name.
By trademarking your band or artist name, you’re also protecting your domain name and social profiles. This way, it would be illegal for someone to create a social profile or website using your artist or band name.
It also allows you to sign branding deals.
HOW DO I KNOW IF MY NAME IS ALREADY TRADEMARKED?
Search the name you’re looking to trademark on the USPTO (The United States Patent and Trademark Office).
Also, search the name you’re looking to trademark on Google. See if another band under the same name pops up. If they haven’t trademarked the name yet, you’re in luck. But it could be difficult if they already have all the usernames on social networks for your name. Check to see if the name is used on social networks by using a site like namechk. If someone else is using your name in their username but doesn’t have it trademarked, you can still trademark the name. Once you file the trademark, you could let the other person know that they’re infringing on your trademark and have to change their username. You can also contact the social network directly once you have your trademark paperwork. In most cases, they will give you the username.
Technically, whoever trademarks a name first has the rights to it. But it will be easier if you don’t have to battle for usernames!
OKAY, SO HOW DO I TRADEMARK A NAME?
Now you see all of the benefits of knowing how to trademark a name, let’s get into how you actually do it. It’s simple. File an application for your trademark here.
WHEN SHOULD I GET A TRADEMARK?
As soon as possible! Why? Because whoever files a trademark first will own it. So as soon as you choose your band name, get it trademarked.
Just make sure it’s not already trademarked first!
HOW MUCH WILL IT COST TO GET A TRADEMARK?
Trademark fees range between $225 and $325. Click here for more information on Trademark prices.
WHAT IF I CHANGE MY NAME OR LOGO? DO I HAVE TO GET A NEW TRADEMARK?
First, you need to decide what you are going to do with your old trademark. Are you going to continue using it or drop it all together?
If you want to continue using your old design, you will need to get a new trademark for your new design. With this, both designs or names will remain protected.
If you want to discontinue using your old design, you can alter your prior trademark application with the new design. But remember, with this option, your old design will no longer be protected.
WHAT ABOUT A PATENT OR COPYRIGHT? ARE THEY THE SAME AS A TRADEMARK?
No, a copyright protects originals works of authorship, such as songwriting.
A patent protects inventions or discoveries.
A trademark protects words, phrases, symbols or designs. You should get a trademark on your artist/band name and logo.
Now you know how to trademark a name, so go trademark your name! Don’t wait for someone else to do it first!
The information contained in this article is for informational purposes only and is not intended to be a substitute for legal advice provided by an attorney of your choosing. TuneGO, Inc. does not warrant or represent that the information in this post is accurate for all people or in all circumstances and encourages you to seek qualified legal counsel in all instances. TuneGO, Inc. will not be responsible for your reliance on any information contained in this article.