Introduction
The name of your band can be legally protected - not by copyright, but by federal Trademark Registration. 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.
A service mark is a type of trademark except it identifies and distinguishes a service rather than a product. It is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services. A band typically provides entertainment services, so registration of the band's name as a service mark is the proper type of legal protection.
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.
DirectLegal can help you obtain trademark protection for you or your band's professional names through the United States Patent and Trademark Office. Because trademark rights are based on use, it's recommended to first conduct a comprehensive search to determine if someone else is using the same or similar name. If you intend to perform or release your music nationwide and another band has been using the same name before you, they could have superior rights within a particular state and prevent you from using that name there. Often, a more successful band will have to buy out the local band's rights - a very expensive situation that you'd want to avoid.
Trademark protection is extremely important considering the fact that a band's name may have the potential to move millions of copies of an album and sell-out concert halls nationwide. 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!
Please use this Trademark Guide we have provided to familiarize yourself with how trademark protection can help you protect your intellectual property and find out more about how the expert team at DirectLegal can help you begin your application today.
