A Guide to Trademarking a Band Name

You have the band members, you have the music, but what else needs to be done to make this new group official? What many people did not know is how significant a role trademarking a band name can have on its members.

The only way to prevent others from using their band name to profit from merchandise or any other means is through a registered trademark. Some protection is still given to a band that does not register its name, but this will only provide legal relief in the geographic region their band has captured the marketplace of.

Additionally, a registered trademark will have a much better chance of winning any future lawsuits as it puts the entire nation on constructive notice of your band name. A band name trademark is the crux to almost any financial legal concerns a band might have, whether this be from infringement, or another band wanting to pay to use the name.

The application process begins by searching for similar band names throughout the country. The government has created a search engine on their website to do this called the Trademark Electronic Search System (“TESS”).

The database is a good starting point for your research, but trademarked band names could still be in circulation, either registered at the state level or even unregistered that you will not be able to take.

Having an attorney help with this part of the process will not only save the money from the rejection of your trademark by the government due to poor research, but will also help in future legal action.

Trademarking a band name will not only protect it from being used by others, but also protects a band from unknowingly infringing upon an existing band name once approved by the government.

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