How to trademark a band name.

You have an awesome band and you want to protect your name. A trademark is exactly what you need. People are often surprised, but you can trademark a band name. In fact, most popular bands have trademarked their names — this becomes even more important if you begin selling merchandise like shirts. For example, Metallica has a number of trademarks.

If you’re looking to trademark your band’s name, you should contact an attorney. Trademark To Go makes this process easy and we love working with artists and bands. A good attorney will spend some time discussing your proposed trademark and will guide you through the process.

After your consultation, Trademark To Go will do what’s known as a trademark search. This involves combing government databases and internet sources to ensure that no one has an identical or similar name trademarked. If a similar trademark exists, a competent attorney should analyze whether it’s “confusingly similar.” This standard is used by the US Patent and Trademark Office (USPTO) to determine whether to accept or reject applications. Please be careful: online document filing services (like the ones you see advertising on TV) cannot do this for you. They are not attorneys and cannot practice law or analyze legal arguments. Only a real law firm can do this for you.

If the attorney believes the band name is likely available and strong enough to be registered, he or she will complete the application with the USPTO. The application is long and a bit confusing, and requires certain specific information. If there are any flaws, the USPTO may reject the application.

If the USPTO approves your application, it may still be challenged by competitors with similar trademarks for 30 days. After that period, assuming there have been no successful challenges and you are currently using the band name, your trademark will register. If you haven’t formed your band yet, you will then have 6 months (and possibly an extension) to provide proof to the government that you’re using it. After providing proof, your band name will become a registered trademark.

Ready to file your trademark and protect your business?

We may it easy with our five-step process. Call us at (888) 421-0589 or click here to get started!

images