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Under trademark law, your
band name is automatically protected in the areas where
you use the name, as long as you’re the first to use it
in public. In other words, if you’ve been openly
performing within a certain area using this name, you
can legally stop others from using it there. However, if
another band shares your name and is known in an area
you haven’t performed in, they can prevent you from
using the name in that area.
A trademark is the
name or symbol (brand name, slogan, or logo) that a
company uses to identify or distinguish their product
from those of competitors. It can be in the form of a
word, phrase, symbol or design, or a combination of
words, phrases, symbols or designs.
A service mark
is basically the same as a trademark except that it
identifies and distinguishes the source of a service
rather than a product. As a musical group, you’re
considered an entertainment service, not a product. This
means a service mark is used to protect your band name
rather than a trademark.
By registering your
service mark, you’re announcing to the public your claim
on that particular name. Before you register though, you
must do a search to make sure no one else is using the
same name. Check the Internet for websites that offer
free trademark searches. This is a great way to get
started. You can also check your local library for a
copy of Billboard International Talent and Touring
Directory.
You’ll find thousands
of listings including the names of bands currently
touring. They’re in alphabetical order so you can
quickly find out if someone else is already using your
name.
You can also check the
BMI website. This is a performing rights
organization with thousands of members. You can do an
artist search directly from their website. Enter the
name of your band to see if any registered BMI artists
share your band name. The address is:
www.bmi.com.
Once you’re confident
that no one else is using your band name you should file
a registration of your service mark. If you only perform
in one state, you can only register in that state. If
you’re performing in multiple states you can register
for a federal trademark.
There is a fee for
registering. The state trademark application fee varies
from state to state. The federal application fee is
currently $325.00.
For more information
regarding trademarks and service marks, you can check
out the United States Patent and Trademark Office
website at:
www.uspto.gov/
For additional
trademark information
click here.
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to land a record deal?...
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helpful information.
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