![]() ![]() ![]() The three most commonly used classes for musicians include: The USPTO recognizes 45 trademark classes. When filing you must provide specific information about the trademark, including: Trademark Classes If a trademark search shows that your trademark is available, you may proceed to file application. A category number is assigned to each aspect of a logo. ![]() While you can search for words and phrases, not all trademarks are words. So the first step in seeking trademark rights is to do a trademark search for related trademarks through the USPTO database. In order to register a band name as a trademark, the band name must be sufficiently distinctive from other band names. How to Apply to Trademark a Band Name Conducting a Trademark Search However, common law protections are limited to the specific area of continued use, and you are not afforded the level of protection granted to a registered trademark holder under United States law. Common Law TrademarksĮven without a trademark registration, common law trademark rights will arise when use first begins. Unlike copyrights, trademarks also don’t expire. Each form of registration provides different protection under federal law, but trademark law protects against anyone creating a likelihood of confusion. These works of art can be registered as both copyrights and trademarks. Examples include Aerosmith’s winged logo and Queen’s coat of arms. In addition to the band’s name, band logos can also be protected. Further, others may have the right to utilize small portions of copyrighted works in certain circumstances. Generally, copyrights include:Ĭopyrights expire after a certain term of years. This typically includes your songs and album artwork. Some of the most recognizable (and valuable) trademarked band names in the United States include:Ĭopyrights protect original works of art once they are transferred to a tangible medium. The USPTO provides an overview of these differences via their Musicians and Artists Profile.Ī trademark designates and distinguishes the source of the goods or services. For musicians, copyrights and trademarks are likely the most important. United States law protects three major types of intellectual property – Trademarks, Patents, and Copyrights. Types of Intellectual Property for Musicians Lastly, it cannot create a likelihood of confusion with a prior trademark. Second, the band’s name must be distinctive enough to qualify for trademark protection. There must be some commercial aspect to your band, which can mean anything from selling music on iTunes to performing at your local bar. First, you must be using the band name commercially, or you must have an intent to use it, to distinguish your music from other bands. Three major eligibility requirements apply before you can legally register a band name. The primary means of protecting your band’s name, which may be a word, symbol, sign, or phrase that uniquely identifies your music, is by registering your band name with the United States Patent and Trademark Office (“USPTO”) in accordance with the Lanham Act. trademark law provides protection for your band’s name, which is essential to musical marketing. ![]() The United States Constitution provides for the exclusive right of all American citizens to profit from their creative achievements which includes musical creations. How to Trademark a Band Name is part of our How to Trademark series. Home » How to Trademark a Band Name How to Trademark a Band Name ![]()
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