How to Trademark a Band Name- A Complete Guide

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Being a musician, your band name usually defines you. It even suggests your style, music ge

Being a musician, your band name usually defines you. It even suggests your style, music genre, and your true identity. But are you aware that you must legally safeguard your band name? Yes, and when your band name is trademarked, it means that no one can use it without your permission. In this blog, today we will understand how to trademark a band name, why trademarking is useful, and how to trademark.

 

Reasons to Trademark Your Band Name

There are several reasons why musicians must trademark their band name. Let's briefly learn them before proceeding to the actual process of trademarking.

 

·      Legal Ownership

 

Having your own mark provides you with legal ownership. This makes sure that nobody else can claim your name as his. It protects your right to use the name in business.

 

·      Exclusivity

 

When you own a trademark, you receive sole rights to your band name for music, merchandise, and advertising. This does not allow other people to confuse your audience or weaken your brand.

 

·      Business Expansion

 

Your brand development comes next as your music career goes on. Trademarking helps in business development. You can sign contracts, partner with companies, and sell music under a secure name.

 

·      Long-term Cost Savings

 

Trademarking protects you from future legal problems. Without it, you may lose your name in the marketplace. A registered trademark translates to less potential cost in lawsuits or brand confusion.

 

·      Value

 

Over time, a trademark gives value to your band. Your name is an asset as your fan base grows. A trademarked name becomes more valuable in the entertainment world.

 

How Can You Trademark Your Band Name?

Now that you know why to trademark your band name, let us do it. The procedure of how to trademark a band name can be faster than you anticipate if you are aware of the correct ways.

 

Step 1: Select a Distinctive Name

Before trademarking, make sure your band name is unique, and no individual or group is using it. Search the U.S. Patent and Trademark Office (USPTO) database. If already registered, it will be hard to use it later.

 

Step 2: Conduct an Extensive Search

The second thing to do is to search the USPTO's Trademark Electronic Search System (TESS). It will let you know whether your band name or a similar name is already trademarked or not. Searching the database is advisable to stay out of trouble. You may also check social media sites to determine if a band uses the same name.

 

Step 3: Choose the Proper Trademark Class

There are various classes of trademarks. You will be registering your band name in the "Entertainment Services" class since it includes music and performance services. You may also register in "Merchandise" classes if you are selling band merchandise. Choosing the right class helps you get complete protection of your interests.

 

Step 4: Prepare Your Application

Once you have determined your name has not been taken and know what class to enroll in, you can proceed with submitting. You will fill out your trademark application online via the USPTO website. Your application will require you to provide details such as your name for your band, your logo if you have one, and products or services connected to your name.

 

Step 5: Pay the Fee to File Your Application

You will be required to pay a fee to file your trademark application. The cost will typically fall in the range of $250 to $350 per class, based on the method of filing you opt for. Recheck all things for correctness before filing to avert any form of delay.

 

Step 6: Await the USPTO Examination

Once you've submitted it, your application will be placed into an examination process. A USPTO examiner will examine your case. It will take several months. Your application will move to the next level if it is successfully passed. If objections or problems exist, you'll need to reply and fix them.

 

Step 7: Pursue the Publication Period

If your trademark gets through the USPTO examiner, you can locate it in the Official Gazette. This allows other people the chance to oppose registration. If no one opposes it within 30 days, your trademark moves on to registration.

 

Step 8: Obtain Your Trademark Registration

If nobody challenges your trademark, you will be issued an official certificate. This formally makes your band's trademark official. You now hold the exclusive right to use it in business.

 

What Will Happen After You Trademark Your Band Name?

After you obtain your trademark, many opportunities await you. This is what to look forward to;

·    Have the exclusive right to use the name across the country.

·    Use the ® symbol to signify your genuineness.

·    Guard your name against misuse

·    You can sue anyone who attempts to encroach on your trademark.

·    Your band name becomes an asset for your future development.

 

Trademarking your band name is important to protect your identity and business. Being aware of how to trademark a band name you secure the future of your brand. Start today and help keep your band's legacy.

Source: https://theomnibuzz.com/how-to-trademark-a-band-name--a-complete-guide-for-artists
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