Many musicians mistakenly think that their band name is protected by copyright. Copyright does not protect names or slogans. To protect your band name and logo, you will need to file a federal trademark your band name. Trademarking your band name is important because your band name is an identifying mark and allows music consumers to distinguish one band’s identity and music from another band. This can be complicated if you choose the same band name as a band, even if it is in a different genre or in a different country. Before choosing a band name, it isimportant that you choose a name that is distinct. It is beneficial to have an attorney do it for you to preemptively address these potential issues. If another band is using the same or similar name, you may not be able to trademark your name. By involving an attorney early in the process, your attorney can search for other marks to make sure you don’t spend a year building up interest and goodwill in your name only to have to rename the band because another band has the same name and registered it first. Compared to other legal work, trademarking your band name is a relatively affordable process if you do it early on in your band’s career, but can become prohibitively expensive if the mark is not properly secured and you become accused of infringing on another band’s name. Filing a trademark also alerts other bands that your band name is protected, and allows you to enforce your name in court if necessary.
Trademark issues? We can help. You can call us at 615-620-5838 to reach Nashville patent and trademark attorney Randall Burton or email use the contact form below: