Can you get sued for using a band name?
Can you get sued for using a band name?
State and federal statutes comprise the laws for trademarks for a band name. As an owner of a trademarked band name, you have a right to enforce unauthorized use and sue an unauthorized user for trademark infringement.
How do you own the rights to a band name?
How to Legally Trademark a Band Name
- Know what you want to register.
- Decide who will own the trademark.
- Decide what you wish to protect.
- Perform a search.
- Complete the application.
- Submit your filing fee.
- Check the status.
- Keep your trademark alive.
Is it illegal to have the same band name?
So, yes, similar band names happen, and they can cause sticky trademark issues. Therefore, it is helpful to be equipped with proper trademark registration to ensure your trademark ownership. You should talk to a lawyer to see how trademark law applies to your unique situation and what solutions will work best for you.
How do I know if a band name is copyrighted?
Call the main public library in your region and ask if it has a Federal Trademark Register CD-ROM. Search for your full band name, then each word individually. Hire a search firm (relatively costly, but reliable). A well-known sources for trademark searches is Thomson Compumark.
Do I need to copyright my band name?
Nope! A name (brand name, band name) cannot be protected by copyright. Copyright is only one form of intellectual property (IP).
How much does it cost to copyright a band name?
You can copyright something related to your band’s name, such as a logo, according to the U.S. Copyright Office. As of the time of publication, the basic online registration fee for a copyright is $25.
Can 2 singers have the same name?
For obvious reasons, you should use an artist/band name that doesn’t already exist in streaming services. Having several artists with the same name just causes all kinds of confusion. Imagine if there were two Led Zeppelins, or two Dave Matthews (a common name no doubt). But sometimes this can’t be avoided.
Do I need to copyright my brand name?
A trademark can protect your name and logo in case someone else wants to use them for their own purposes. Also, you cannot really copyright a name, since copyright protects artistic works. This is exactly why you need to have a trademark that protects your company’s intellectual property, such as your logo.
How do you copyright a band name for free?
Visit the United States Patent and Trademark Office online to do a trademark search. You need to make sure no one has already trademarked your band name before you can trademark the name yourself. Click on “Search Marks,” “Word and/or Design Marks” and enter your band’s name.
Do you need to copyright a band name?
The term ‘copyright’ refers to copying the works, not the name. Trademark laws protect names. If you want to ensure that you have absolute rights to a name for a product line, or band, you need to learn to protect the trademark on those goods or services.
Where do I go to trademark my band name?
You can run an online search of the U.S. Patent and Trademark Office (USPTO) database to make sure that the trademark for your band’s name is not already the subject of an existing or pending registration. Visit the U.S. Patent and Trademark Office website to use its Trademark Electronic System (TESS).
What can you do with a band name?
The band can then license its trademarked name for a fee and extend limited use of the name to other parties. For example, a company might want to use the band’s name on t-shirts to sell at a concert venue.
When does a band name not refer to a living person?
See TMEP 813 & 1206.03. If the mark does not refer to a living individual, but could be interpreted as a name (e.g., a band name that looks like a person’s name), then a statement that the mark is not a living individual must be in the application file. See TMEP 813.01 (b).