Registering a band name!

[El Barto]

What's the most 'legit' and 'official' way to register one's band name? Are there any fees behind this (I wouldn't be surprised)? What if...down the line...we decide to change our name? Why should/shouldn't we register the name?

 

[Clarko]

Hey Barto,

Well, I'm gonna be real honest and say "I dont know".. but I'll tell ya now that I doubt there is any paperwork. When you choose a name, though.. check the UBL ( http://www.ubl.com ) to see if it already exists.. if not.. add yours in there! That way nobody else can really claim it.

Even if band names did double up somewhere.. I doubt anyone would care unless one of the bands got really big.. in which case the smaller.. unheard band would change their name for fear of being shamed off their scene.

If someone with greater authority than me can offer a more knowledgeable response to this.. please do so!! I would hate to think that I'm leading anyone astray (plus- if registration is needed.. I'm gonna have to register my band)

 

[regebro]

Theres no official way to register band names as far as I am aware.
One way of doing it is to register the band as a company. That way you have a head start against other bands (at least in your country) as to the right of the name.
Costs money, though.

 

[machine]

regebro is right. My band Frankie Machine discovered after our label shipped thousands and thousands of units to Best Buy, Wherehouse, etc. that there is a Frankie Machine in the UK with CD's in stores there. We asked our attorney what was up with that and she said "Well, I guess those guys are gonna have a pretty hard time if they try to start selling their CD here, huh?" and that we should only pursue it if there is a conflict. She said it would only be a real problem if BOTH Frankie Machines became succesful internationally (quick, someone in the biz tell me the chances of that!)

 

[regebro]

Clashing band names is common. I had a band called Motorpsycho before. Good name, eh? (Lousy band though). Well, a band in Norway thought of the same thing...

The great Swedish band "bob hund" (translates to bob dog) is to launch an international career. Project name: "international bob", obviously. Except that a comic strip of that name exists...

Some friends of mine made a single under the name "Love". Which they later figured out was the name of a now defunct 60's/70s hippie band.

Good band names are scarce...

 

[Rev E]

El Barto,

Having a company registered as a company is a good idea for business purposes. You would do that through your state's Secretatary of State Office. They should be able to direct you to information about starting a company.


HOWever, a Name is protected by Trademark. Just because you registered a company of a certain name, does not mean that you have the official right to use it. You and your band need to file a trademark in the US Office of Patents and Trademarks. The fee is $325 for each "class" of goods that you register it in. This would give you national protection to use a certain "name" on certain products.

If you can't afford the federal trademark registration, then at least get the name registered in your state trademark office. It will only cover registration in that particular state. The fee in my home state is $20.

There's plenty of other info on the USPTO's website about trademarks. Technically, you Do NOt have to register the name (as similar to copyright). However, this "common law" use of a name would only give you protection in the geographical area(s) that you actually did business (sold product), in the event of a dispute. So it's better to officially trademark a name.

USPTO Web Site: http://www.uspto.gov/ Click on "trademarks".

Rev E

P.S. The USPTO is not as lenient about mistakes as the US Copyright office. If the application is incomplete or important info is left out, the application will be dropped and the fee will NOT be refunded. So have you "T's" crossed and "I's" dotted. It is a must that you do a trademark search first, before applying. Start by doing a search of the USPTO database, then an Internet search, then a search of yellow pages (the www.superpages.com is a good site to do city, state and national yellow pages searches), then do a search of state databases (for this you'll have to pay to use a service like Dialog or something similar). If you don't want to do this work then hire a search firm for a few hundred dollars. You might say, "our name is soo unique that no one would ever name their product this". You'll be very surprised! The USPTO isn't only checking for exact names, they also will not grant a trademark if a name is too similar to another name (in the same product class) that the public will be confused. So choose carefully and do your homework.