Trademarking Band Names

[Fierce Critter]

I'm going to be getting more serious with my electronic music this year. I have a couple songs coming out on a compilation soon, and hope to put together a full album before the end of the year.

I want to eventually have a way to market myself more anonymously than going by my real name. I'm thinking along the lines of a "Nine Inch Nails" type situation where there's in reality one person behind the project, but are marketed & perform as a full band.

The name I have come up with has not been trademarked in the US. But I don't yet have the $245 it would cost me to register it.

I'm thinking I'm going to have to go with some form of my real name for the compilation, and come up with the $245 before I actually put out a full album.

How many original artists here have trademarked your band name? How important do you think it is to do so?

I have read online forums where they say if you're in it for the long haul, it's better to start right away with trademarking the name to avoid future legal problems. I'm leaning toward following that advice.

[BrassFusion]

I *believe* if you can prove that you were using the name before anyone else can prove they were, you have first rights to it if another group tries to adopt the same name in the future... like a copyright on songs or artwork, it's official if you have it signed and dated and can provide compelling evidence that your copyright marks aren't forged, i.e. a witness (who could be any of us you told your band name to). No fees necessary for that.

Like... who would the $245 be going to? Did McDonald's have to pay $245 to protect their brand internationally?

[Der Nister]

How many original artists here have trademarked your band name? How important do you think it is to do so?

How many have their band names copyrighted? Why all of them of course.

How many did this when they started out - I'd be willing to bet none. It's very well known how poor musicians are.

Nirvana didn't have any rights to their name even after their second album was released and they got sued by some nobodies that claimed Kurt Cobain stole their bands name. It was settled out of court of for a sum of money. And we all know which guys kept using that name.

Do you need to copyright your artist name? You can but it isn't necessary.The band Skid row from the late 80's used the same name that a British band from the 70's used - I believe there haven't been any lawsuits over that to this day.

But if it makes you feel better than copyright the name.

Just some things to think about.

[Fierce Critter]

How many have their band names copyrighted? Why all of them of course.

Do you know this as a fact?

I am talking about people who have bands/projects here on DGN. Not bands like NIN, Skid Row, The Beatles, etc.

Additional information: as I said above, I've done some reading on the subject online. So I know the background on the legalities of using band names that have been trademarked, etc. I even did a USPTO search on my real name - it's been trademarked already by a music artist, so to be totally careful, I can't even use that on any recordings I release.

Just wondering what other DGN musicians have done.

[BrassFusion]

*wonders if her last name is saint-saens*

[Fierce Critter]

*a-bumpa

[Homicidalheathen]

I dont think you can do this (yet?)

DUNNO

I mean, maybe.....because we had one a few years ago and someone else is using it now.....and we dont want to use it if it is taken but.....

Can you patent names?

[Fierce Critter]

I dont think you can do this (yet?)

DUNNO

I mean, maybe.....because we had one a few years ago and someone else is using it now.....and we dont want to use it if it is taken but.....

Can you patent names?

A good link with answers to the question "Should I trademark my band's name"

Band names aren't copyrighted, they're trademarked. Here's another good page that explains that.

You can do it ANYTIME you want. The first article explains my personal feelings - that you should do it ASAP if you are intent on a serious musial project long-haul.

The cost varies depending on what kind of work you want to put into it. You don't have to hire an attorney, but some people do and some people strongly suggest it. You can also put money into an official search to ensure the name you intend to trademark isn't taken - period. There are also several levels of reach of trademark. For instance, you could pay something under $100 for a trademark that only reaches state-level. So, say you trademark the name "Pot Ash Players." If there's a band out there that later on trademarks the same name elsewhere, they couldn't play in Michigan under that name, nor, I believe, can any product with that name be sold by them in Michigan. It's a bit more complicated than that, but that's a generalization.

I'm looking at seeking a US trademark. I've read a couple different pages, but the price is somewhere around $245-$350 or thereabouts. That doesn't include attorney fees or search fees.

You can do an initial search at http://www.uspto.gov/main/trademarks.htm. They also have a fees page that's not much help because it's enormous and you'd need to know exactly which applies to you. That's probably where an attorney would benefit you.

[Der Nister]

Do you know this as a fact?

I am talking about people who have bands/projects here on DGN. Not bands like NIN, Skid Row, The Beatles, etc.

Additional information: as I said above, I've done some reading on the subject online. So I know the background on the legalities of using band names that have been trademarked, etc. I even did a USPTO search on my real name - it's been trademarked already by a music artist, so to be totally careful, I can't even use that on any recordings I release.

Just wondering what other DGN musicians have done.

I didn't realize you meant bands here - I can't speak for them sorry.

I'm surprised they haven't come forward. They're being Poofs!

[Fierce Critter]

I'm surprised they haven't come forward. They're being Poofs!

I could see some people being careful in case they have not yet copyrighted their name.

[Der Nister]

I have everything I use protected. You can also do the poor man's trademark (which Iron Maiden used) and mail paperwork with the details and band to yourself (also having a notarized statement from you) - it would hold up in court.

But you must do what you feel is best for you of course. =)

I'm just offering some advice.

[Daniel]

Trademarking is more... it helps seal the deal if you have to go to court, which isn't a likely scenario. The truth is, as long as you can prove with any real evidence that you're the first to use something, it is yours. Where having the trademark is handy is if you find yourself in court over a dispute, and there isn't otherwise clear evidence that you used it first.

Plus, you also have to take into consideration... why would anyone WANT to steal your name? There is no reason to do this, unless you believe you have something inhumanly clever and catchy. Personally, I have worked with hundreds of bands, many of which you listen to at City Club, etc, and most of them do not trademark their name. You can safely hold off until you actually make money off of your music before worrying about trademark. Doing it before then is unnecessary overhead. Save that cash to master your first CD. And further, trademarking only covers the U.S., someone overseas could still "steal" your name. It simply isn't something to be worried about, and it certainly isn't something you should use as an excuse to not use your band name on compilations. Frankly, if you aren't going to use your long term, permanent name, don't even submit those tracks to the compilations. It is a waste of marketing and promotion.

[Homicidalheathen]

Thanks.

A good link with answers to the question "Should I trademark my band's name"

Band names aren't copyrighted, they're trademarked. Here's another good page that explains that.

You can do it ANYTIME you want. The first article explains my personal feelings - that you should do it ASAP if you are intent on a serious musial project long-haul.

The cost varies depending on what kind of work you want to put into it. You don't have to hire an attorney, but some people do and some people strongly suggest it. You can also put money into an official search to ensure the name you intend to trademark isn't taken - period. There are also several levels of reach of trademark. For instance, you could pay something under $100 for a trademark that only reaches state-level. So, say you trademark the name "Pot Ash Players." If there's a band out there that later on trademarks the same name elsewhere, they couldn't play in Michigan under that name, nor, I believe, can any product with that name be sold by them in Michigan. It's a bit more complicated than that, but that's a generalization.

I'm looking at seeking a US trademark. I've read a couple different pages, but the price is somewhere around $245-$350 or thereabouts. That doesn't include attorney fees or search fees.

You can do an initial search at http://www.uspto.gov/main/trademarks.htm. They also have a fees page that's not much help because it's enormous and you'd need to know exactly which applies to you. That's probably where an attorney would benefit you.

[Guest GodfallenPromos]

you know...I always liked "Black Candy Americans" for a band name....and no..the concept isn't Emo either...

[MALCOMXBLISS]

Been in a lot of bands, none of which were trademarked. It became a problem only once, when a band I was in basically split in half and both bands tried to use the name. The band had achieved some small measure of a cult following so obviously we all wanted to use the name. It went to court but it never stopped both factions from releasing records under the same name.

[Fierce Critter]

A friend just put out a compilation of local bands with two cuts from me on it, and I had him label it with my band name.

At least now I have some dated proof of when I used the name publicly.

[freydis]

Also, as for copyright.... when you put your stuff out publicly, it is copyrighted. For more official making-court-easier type stuff, as long as you apply for the copyright within (I think it's) 3 years of public release, its considered (i think the term is) prima facie in court.

[Fierce Critter]

Also, as for copyright.... when you put your stuff out publicly, it is copyrighted. For more official making-court-easier type stuff, as long as you apply for the copyright within (I think it's) 3 years of public release, its considered (i think the term is) prima facie in court.

This is also good to know. Thank you.

[Der Nister]

Also, as for copyright.... when you put your stuff out publicly, it is copyrighted. For more official making-court-easier type stuff, as long as you apply for the copyright within (I think it's) 3 years of public release, its considered (i think the term is) prima facie in court.

Actually according to the united states congress a copyright begins (according to law) after you are finished with what you are creating (in this case a song). Then it is up to the writer/composer as to whether they wish to register it with congress (this is not required in oder to have you composistion protected by law). A registration with congress is only to help an artist to further prove that they own their work in case of a court dispute.I know this because I am signed with BMI and they have the information available on their website.

Also, if you publish your work by law you need to register it with congress within four months or you could recieve a fine for failure to do so. Also, congress passed a law that protects an artists work (copyrighted to the auther) for up to 70 years after the authors death (it is automated and does not require any renewal formns to be filed) so long as the auther did not sell the publishing rights.