How Do I Protect My Artist Name?

Importance of Trademark Protection

  • Definition of Trademarks: A trademark is a name for goods, while a service mark is for services.
  • Protecting Your Band: The name of your band defines your music and brand. Protect it through a trademark to prevent unauthorized use.

Trademark Application Process

  1. Filing a Trademark Application:

    • Select name
    • Conduct search
    • Identify goods and services
    • File application
    • Respond to objections
    • Get approval
  2. Cost Implications:

    • Costs range from $600-$1000 plus $275-$325 government fee
    • More distinctive names cost more
    • Copyright does not protect names or short phrases

Protecting Artist Names

  • You can protect your artist name by obtaining a service mark, similar to a trademark, and using it in business across state lines.
  • To protect a logo trademark: research name similarity and use the name consistently in your business.

Trademark and Copyright Distinctions

  • Trademarks protect brand names and logos, while copyrights protect creative works like music.
  • Optional federal registration can be obtained by filing an application with the U.S. Patent and Trademark Office.

Conclusion on Trademarking Artist Names

  • Artists should trademark their names to prevent unauthorized use of their work.
  • Logo artwork may qualify for copyright protection if it showcases sufficient creativity.

Legal Considerations for Names and Titles

  • Artists cannot copyright their band names or song titles; they should apply for trademark protection.
  • Generally, artist or stage names cannot be copyrighted, hence trademarking is necessary.
  • Professional fees for trademark application for an artist name are typically around $1000.

Ownership and Protection

  • Once trademarked, artists can take legal action against unauthorized users of their name, and if you are a single artist, you will own the trademark.

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