Musicians who have started a band likely want to ensure that no other band can take their band’s name. A band’s name is the band’s identity and becomes the symbol that it is known as. If musicians want to protect their bands’ names, they should consider getting their bands’ names trademarked so that no other aspiring bands or people who would copycat them can do so.
There are registered and non-registered trademarks. Registered trademarks are more official than non-registered ones since they must be reviewed and approved by the U.S. Patent and Trademark Office. A registered trademark features the (®) symbol, whereas a non-registered one simply features the (™) symbol. Registered trademarks are more protected than non-registered ones if legal complications arise over a band name. If two bands dispute the same name, and they both have a non-registered trademark, then the band that had the first published instance of the trademark is the one that would be awarded rights to the name, granted that neither band had the name registered.
Applying for a Trademark
When bands want to apply for a trademark for their bands’ names, they should first navigate to the U.S. Patent and Trademark Office’s online website. There, they can utilize the Trademark Electronic Search System to search the trademarks that are currently registered. If their name isn’t registered in their industry, then they may apply to have it registered. For instance, if a bands’ name is registered in the fashion industry, but not in the music industry, then they can still apply to have their band’s name registered in the music industry. There just can’t be more than one registered trademark in each industry. When filling out the application, the band might want to upload a file containing their band’s logo if they have graphics and designs they want trademarked along with their band’s name.
After applying for a trademark, it generally takes the office at least five or six months to review the application and make a decision. In some cases, it may take a year or longer for applicants to hear anything back. However, after submitting an online application, applicants are given a reference number that they can use when communicating with the U.S. Patent and Trademark Office.
Obtaining a trademark for a band name is essential for any band that wants to ensure that its name is not stolen. The process of doing so is relatively simple as well, although it might take some time.