How to Copyright a Band Name

Although you can not copyright a band name, you can get a trademark on it. A state trademark will let you have exclusive rights to the name in a particular state or region. Although this might be enough for a small band, your goal should be to get a federal trademark. Without a federal trademark, you can not guarantee that other bands will not use your name in other parts of the country.

Things You'll Need

  • Credit card Computer Logo
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Instructions

    • 1

      Search for bands with the same name. Follow the link below to do a trademark search, then search using a search engine. Even if a band does not have a name trademarked, they may have common law rights to it if they have been playing shows, selling merchandise or using it in other commercial ways.

    • 2

      Learn what is required for a federal trademark. Federal trademarks are only given out for interstate commerce. That means that you need to be selling shirts or albums, playing shows or otherwise making money as a band in at least two states.

    • 3

      Design a mark. If you file a trademark with a band logo incorporating stylized letters, that logo is protected as well as your name. Although you can trademark a name alone, You might as well also incorporate your logo.

    • 4

      Fill out a Trademark Electronic Application System (TEAS) trademark form. Technically, you are going to file for a service mark--a particular type of trademark for people providing services such as music. Fill out all parts of the forms marked with an asterisk. You will need to attach evidence that you have provided services in multiple states, personal contact information, descriptions of the type of service you are providing, a mark and other information.There are two forms: TEAS and TEAS PLUS. TEAS costs more money to file, but has less stringent requirements.

    • 5

      Pay for the application. You can make an electronic payment by credit card.

    • 6

      Check on the status of your application. After 15 days, you will be able to see progress on your application at the Trademark Application and Registration Retrieval (TARR) page. When your application is processed, the office will send you notice at the email address you provided.

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