How to Legally Trademark a Band Name

If you are planning on selling albums and other merchandise with your band, it is absolutely necessary that you get your band name legally trademarked, which is obtained by going through the trademark application process with the United States Patent and Trademark Office (USPTO). Once approved, you will have exclusive legal rights to your band name whereby if there is any infringement by others, you will have the basis to seek legal action in court. In addition, you will be protecting your band from potential lawsuits from others that may have the same or similar name who may seek monetary damages.

Instructions

1. Research your band name for duplicates within the UPSTO database entitled Trademark Electronic Search System (TESS). You can also search at the Trademark Public Search Library in Alexandria, Virginia, or you can search at a local Patent and Trademark Depository Library. If your band name has a design element to it, you will need to use proper design code by using the Design Search Code Manual available on the USPTO website to conduct your search (see Resources for links).

2. Research your band name using other means. Since other entities may not be registered with the USPTO, it is best that you at a minimum do a search on an Internet search engine such as Google. Think of different ways to spell your name since band names sounding the same but spelled differently will probably not be approved by USPTO. You may also want to seriously consider hiring an agent or lawyer to conduct something called a "common law search." This person will check all federal, state and local directories, corporate names, trade directories and various archives. Not only will this protect you in the future from any possible lawsuits, but you may also avoid going through the trademark process only to be denied exclusive rights to your name.

3. Apply for a trademark. The easiest method to file for your trademark is through the Trademark Electronic Application System (TEAS), which allows you to fill out and file your entire application, including the fees. There are tutorial guides and FAQs to help you through the process. You can also request a paper application from the USPTO Assistance Center at [phone].

4. Know what the USPTO application expects. You will be expected to verify that to your knowledge there are no other entities who have rights to the name you are seeking to trademark. You will also need to state whether there are any similar sounding names or logos that yours may be confused with. You may also need to include a copy of something with your band name such as a CD cover or a screen shot of your website where you sell your materials. You will also have to write a description of the products that will be sold under your band name and any drawings or designs associated with the band name.

5. Monitor your application progress. You can log onto the Trademark Applications and Registrations Retrieval system (TARR) to check on your application's status. This process generally takes about 6 months; however, if there are any legal issues, it could take years. Once approved, you will have exclusive legal rights to your band name.

Tips & Warnings

• You can hire a lawyer or agent specializing in trademarks to file your application and maintain all communication with USPTO for you.

• Do your research. Just because someone does not have a legal trademark does not mean you will automatically win in any potential lawsuits.

Resources

• Read this Article in Spanish
• Music Biz Academy: Why Trademark Your Band Name
• USPTO Trademark Page
• USPTO Trademark Electronic Application System
• USPTO Design Search Code Manual
• Trademark Applications and Registrations Retrieval (TARR)