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
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Filing a Trademark Application:
- Select name
- Conduct search
- Identify goods and services
- File application
- Respond to objections
- Get approval
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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.