How to trademark an artist or band name

A step-by-step guide for trademarking an artist’s or band name

Why trademarking is important for musicians?

First, it is important to remember that trademarking your artist or band name is not mandatory.

Trademarking is not like music copyright which automatically gives rights to the creator of the original work. It’s something you must register.

Although trademarking your band or artist’s name is not mandatory, it is important.

Why? There are two main reasons.

It is important to note that it.

Blocks duplication of artist or band names

It can be costly and embarrassing to discover that you have the same name as another artist or band. It is not something you want to do.

It.

Protects domain name and social profiles

You can also trademark your name to stop any fake or phoney profiles trying to impersonate or make money from your music.

Now that you understand why trademarking is so important, the next steps will outline how to trademark your artist’s or band’s name!

Perform an initial Google search.

Your proposed name must be eligible for trademark protection before filing to trademark it. Your proposed name must not be in use by another artist before you can apply for trademark protection.

It cannot be more similar to a name already in use.

Copyright governments would consider names like these “confusingly alike”. They could lead to members of the general public downloading or streaming a track they mistakenly believe to be from someone else.

To check for similarities, you can use Google.

Are you in the Google search? Great! It doesn’t stop there.

Search your trademark database.

Next, you will need to dive deeper.

This can be done by searching the trademark database for the country or territory you reside in to find the name you wish to trademark.

This important step is because the results will show any registered trademarks with the same name as yours and any pending applications.

You can find the correct trademarking registry office to search and apply from via the below list of territories/countries:

USA: United States Patent & Trademark Office (USPTO)

UK: GOV UK

Europe: European Union Intellectual Property Office (EUIPO)

Canada: Canadian Intellectual Property Office

Australia: Australian Government IP Australia (IPA)

South Africa: Businesses and Intellectual Property Commission. (CIPC).

Chile: Instituto Nacional de Propiedad Industrial (INAPI)

Mexico: Mexican Industrial Property Institute. (IMPI).

India: Intellectual Property India (IPI).

The cost of trademarking an artist’s name or brand name is dependent on the global trademark office that you use. Each database’s website has a FAQ section that provides detailed pricing information.

Top Tip When you search for names similar to yours or misspellings, look out for common spellings.

Online application

Your name has been searched and screened. Hooray! It’s now time to complete the trademark application form.

These pieces of information are essential:

Ownership information Who will own the trademark? A single artist will most likely own the trademark. You’ll need to ensure that each band member has equal ownership.

Evidence of use: You can show proof if you are using the trademarked name. This could be your logo graphic on a poster or branded merchandise.

 Information on correspondence: Contact details for the person who will talk with the examining lawyer if there are any problems with your application.

Two sections are very important when filling out an application form.

 

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