Can a band name be trademarked?
Band names are protectable under trademark law, because like brand names they allow us to distinguish one band’s music and identity from another. They are what enable us to distinguish between a “Beatles” record on the one hand, and a “Chipmunks” record on the other.
How do you legally protect a band name?
How to Legally Trademark a Band Name
- Know what you want to register.
- Decide who will own the trademark.
- Decide what you wish to protect.
- Perform a search.
- Complete the application.
- Submit your filing fee.
- Check the status.
- Keep your trademark alive.
Can you have the same band name as someone else?
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.
Should I trademark my record label name?
Register your name and logo as a trademark for the label to prevent anyone from misusing the label’s name. Visit the U.S. Patent and Trademark official website, usupto.gov and check the Trademark Electronic search System site to make sure another record label or business does not have an identical name.
How different does a band name have to be?
If a band is well-managed, they will have their name trademark (not copyright) protected. If a name is trademarked, another band using it would be opening themselves up to a civil suit.
CAN 2 record labels have the same name?
Trade Names and Copyrights Trade names are not officially protected under copyright law, so someone could start a record label using the same name as yours. As the SBA puts it, “A trade name does not afford any brand protection or provide you with unlimited rights for the use of that name.”
What is a Class 21 trademark?
The purpose of these classes is to allow different types of businesses to register their trademarks into categories most related to their core business. Class 21 includes mainly small, hand-operated utensils and apparatus for household and kitchen use as well as toilet utensils, glassware and articles in porcelain.
How do I trademark my band’s name?
Here’s how to go about trademarking your band’s name: 1. Know what you want to register. Decide whether the trademark you want will pertain to text—the actual name—or to an identifying font or graphics, such as the band’s logo. 2. Decide who will own the trademark. In a typical scenario, band members share in the ownership of the trademark.
Who owns the trademark of a band?
In a typical scenario, band members share in the ownership of the trademark. If each member will be a trademark owner and the band has not incorporated or created some other form of business entity (for example, a limited liability company or partnership) to own the mark, you may file as joint individual applicants.
What is a Class 21 coordinated class?
A coordinated class is one that is related to another class, usually because the PTO has determined that applicants filing within Class 21 often file in the coordinated classes, too. Your registration fees are also based on the trademark class system. For each class of goods or services that you register, you must pay a separate registration fee.