The Band's Name

A band (or other entertainment group's) name may be protected - not by copyright - but under trademark law. A trademark is a word, phrase, design, symbol, etc that identifies and distinguishes the products and services of the owner from those of others. Federal trademark registration of your band's name provides nationwide use of the name and allows you to stop others from using the same name anywhere in the U.S.

This form of legal protection gives you exclusive rights to use the name in connection with your band's recording and performing. Trademarks can also protect the name of your record label, publishing company and merchandise.

Since most bands and musical acts provide entertainment "services", a service mark is the type of trademark protection to properly protect the name of your band.

If you sell CD's or merchandise such as t-shirts, caps, bumper stickers, posters, etc you can also register your name or logo as a trademark. Everyone's heard stories about bands that had to change their name after developing a loyal following - because another band somewhere else was using the same name!

Ownership of the band's name is important in the event that the band breaks up. Who owns it then? Band members should clearly agree about who owns the legal rights to the band's name.

For more information, see our Band Name Trademark Guide.

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