Quick Answer: Should I copyright or trademark my band name?

Should you trademark your band name?

Band names are protectable under trademark law, because like brand names they allow us to distinguish one band’s music and identity from another. … “All else equal, a band should seek a name that is inherently distinctive, such that it qualifies for a high degree of trademark protection.”

Is it better to trademark or copyright a name?

Trademarks offer far more protection than copyrights, but copyrights are extremely important for the protection of logos. Read on to explore in detail the difference between the two, so that you can better understand their importance and the impact they can have on your company.

How do you copyright a band name?

How to Legally Trademark a Band Name

  1. Know what you want to register. …
  2. Decide who will own the trademark. …
  3. Decide what you wish to protect. …
  4. Perform a search. …
  5. Complete the application. …
  6. Submit your filing fee. …
  7. Check the status. …
  8. Keep your trademark alive.

How much does it cost to trademark a band name?

Patent and Trademark Office charges $325 to register a trademark online using the Trademark Electronic Application System; Paper applications cost $375, according to the U.S. PTO website.

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Can two bands have the same name?

And trademark for similar band names…

So, yes, similar band names happen, and they can cause sticky trademark issues. Therefore, it is helpful to be equipped with proper trademark registration to ensure your trademark ownership.

Do musicians trademark their name?

Sometimes musicians and artists want to register their name as a trademark, including a stage name or pseudonym. … If the name is an actual name (including a nickname or stage name) of any living individual, then the person’s consent to the use and registration of the name must be included in the application file.

What is the cheapest way to trademark?

The cheapest way to trademark a name is by filing with your state. The cost varies depending on where you live and what type of business you own. If you are a corporation or LLC, you can expect to pay less than $150 in most cases, while sole proprietors and contractors can pay anywhere between $50 to $150.

How long does trademark last?

How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

What happens if you trademark your name?

A trademark is a piece of intellectual property that allows you to “brand” something so that no one else can copy or use it. It distinguishes your company and its products from everyone else. … Trademarking your name gives you an additional brand and keeps others from using your name.

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Can I use a band name that already taken?

If you try to register a trademark that’s already taken, not only do you not get the trademark, but the filing fees will not be refunded. … If someone is using your ideal band name and they haven’t trademarked it, you can still get the trademark for that name to use it for your band.

Who owns a band name?

A band name may be owned by the members or by whoever has taken the band under contract. Ownership of a band’s name depends largely on whether there is an informal or formal arrangement in place, and what those agreements consist of.

How do I know if a band name is copyrighted?

Call the main public library in your region and ask if it has a Federal Trademark Register CD-ROM. Search for your full band name, then each word individually. Hire a search firm (relatively costly, but reliable).