How Do You License a Band Name?

Band names can be trademarked but not copyrighted.

Under U.S. law, names, including band names, cannot be legally licensed via copyright. Although it's possible to copyright the design of a band logo, the band name itself can't be copyrighted. Most names, however, can be trademarked and protected under trademark law. Registering and trademarking a band's name with the U.S. Patent and Trademark Office prevents another person or band from stealing the name and using it.

Things You'll Need

• Attorney
• Trademark fees

Instructions

1. Get an attorney if you don't already have one. Numerous attorneys specialize in trademark and copyright law and can help you with the ins and outs of the process of registering a band name. The work can be done without an attorney, but it is time-consuming and can be confusing if you aren't familiar with the process. An attorney will normally charge a fee of at least a few hundred dollars, but this expense will save you the headache of having to do all the paperwork yourself.

2. Check to make sure that the band name isn't already registered. You can do this by visiting websites that offer free trademark searches, like bmi.com (see Resources). Or you could check the Billboard International Talent and Touring Directory, a copy of which might be available at your local library. If you hire an attorney, he will likely do a more extensive search, including checking federal directories.

3. Fill out and submit a trademark registration application with the U.S. Patent and Trademark Office (see Resources). Both paper and electronic filing are available. If your band performs in just one state, you should register only in that state. If you perform in multiple states, you should register for a federal trademark.

   There are fees for both state and federal trademark applications. The state fee varies from state to state, but as of 2010, the federal trademark fee is $375 to file a paper application and $325 for an electronic application. If you file an application online, you'll receive a summary of the filing by e-mail, and your application will be assigned a serial number immediately. If you file a paper application by regular mail, it could take two to three weeks to receive a filing receipt, including the serial number.

4. Wait to hear back from the Patent and Trademark Office. You should receive a response to your application from the office within four months after you file. But the total time for processing an application can be anywhere from nearly a year to several years, depending on the basis for the filing and any legal matters associated with the application. Be sure to check the status of your application every three to four months after the initial filing to keep track of the process.

Tips & Warnings

• Be patient. The entire process of trademarking a band's name can take years.

References

• U.S. Patent and Trademark Office
• BMI: Free Trademark Search