Protecting Your Band Name
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Under trademark law, your band name is automatically protected in the areas where you use the name, as long as you’re the first to use it in public. In other words, if you’ve been openly performing within a certain area using this name, you can legally stop others from using it there. However, if another band shares your name and is known in an area you haven’t performed in, they can prevent you from using the name in that area.
A trademark is the name or symbol (brand name, slogan, or logo) that a company uses to identify or distinguish their product from those of competitors. It can be in the form of a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs.
A service mark is basically the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. As a musical group, you’re considered an entertainment service, not a product. This means a service mark is used to protect your band name rather than a trademark.
By registering your service mark, you’re announcing to the public your claim on that particular name. Before you register though, you must do a search to make sure no one else is using the same name. Check the Internet for websites that offer free trademark searches. This is a great way to get started. You can also check your local library for a copy of Billboard International Talent and Touring Directory.
You’ll find thousands of listings including the names of bands currently touring. They’re in alphabetical order so you can quickly find out if someone else is already using your name.
You can also check the BMI website. This is a performing rights organization with thousands of members. You can do an artist search directly from their website. Enter the name of your band to see if any registered BMI artists share your band name. The address is:
www.bmi.com.
Once you’re confident that no one else is using your band name you should file a registration of your service mark. If you only perform in one state, you can only register in that state. If you’re performing in multiple states you can register for a federal trademark.
There is a fee for registering. The state trademark application fee varies from state to state. The federal application fee is currently $325.00.
For more information regarding trademarks and service marks, you can check out the United States Patent and Trademark Office website at:
www.uspto.gov/
