Selecting a Mark
When selecting the right name for your band, it is important to consider that name within the context to which it will be applied.
Proposed marks that are "confusingly similar" to another trademark for another band cannot be protected by trademark law. However, trademarks can co-exist for different categories of goods or services.
When selecting a mark, consider also:
- How it looks when written.
- How it sounds when spoken.
- What it means.
Distinctiveness
Generally, trademark law protects "distinctive" names, phrases, logos, symbols, numbers, characters, sounds, design and other marks that identify and distinguishes the source of a product or service.
Marks that are inherently distinctive are unique and immediately signal to the public that the mark represents a brand name or a certain band. This is why certain trademarks are entitled to greater protection than others.
You should also keep several alternatives in mind - just in case your proposed mark is not available.
