Why Trademark Your Band's Name
Your band's name is probably the most valuable asset a group can own. Imagine after building up a loyal following, having to give up the band name and start all over again under a new name. Unfortunately, the loss of a band's name can sometimes happen if a band fails to take the necessary precautions of trademark registration.
When making the transition from local band to a national act, many musicians don't think about the crucial step of protecting their trademark. Not establishing ownership of your band name can be extremely expensive and difficult to deal with. For example, what would it do to sales of CDs and merchandise? What about concert promotion? Imagine being forced to change your band name because another band established rights to that name or logo that you believed was yours.
Imagine becoming a huge national success - playing sold-out concerts, selling millions of CDs, and then have to change your band's name and logo (and maybe get sued for trademark infringement!)
According to rumors, the band Nirvana had to pay nearly $100,000 following release of their Nevermind CD because another band had rights to that name. Similarly, the band Maroon5 was forced to add the "5" to everything band related because the name Maroon was registered to a New York jazz group.
Trademark registration of your band name as a service mark is the best way to retain your rights to a great name. Very few bands would survive having to re-establish their identity under a new name, or handle the expense of reprinting CDs, flyers, t-shirts, and all other promotional material.
