Question: Are Band Names Copyrighted?

Can Band names be trademarked?

While it is possible to copyright the design of a band logo, the band name itself is not copyrightable.

Band names are protectable under trademark law, because like brand names they allow us to distinguish one band’s music and identity from another..

How do you own the rights to a band name?

Here’s how to go about trademarking your band’s 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.

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.

Should I trademark my brand name?

The answer is that a registered trademark gives you the exclusive right to use your business name nationwide in connection with the goods and services you’ve identified in your registration, and allows you to enforce your trademark by filing a lawsuit in federal court. …

Who owns the rights to a band name?

Typically, the issue of who owns the band name is dealt with in the Band Agreement. Often a leaving member will forfeit their rights in the name when they leave the band. In such a situation, the remaining members can continue using the name.

How long does a trademark last for?

ten yearsIn the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

What are the 3 types of trademarks?

Different Types of TrademarksDescriptive Trademarks;Merely Descriptive Trademarks;Generic Trademarks;

How do I know if a band name is copyrighted?

You still need to check to see if the band name is trademarked. Head over to the USPTO website and check for registered or pending trademarks. If you don’t find anything that resembles your band name, you’re in the clear! Be sure to check for similar names and misspellings.

Can two bands have the same 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.

How much does it take to trademark a name?

The cost to trademark a name at the federal level ranges from $225 to $400 plus legal fees or $50 to $150 for a state trademark. The average cost to trademark a logo is $225 to $600 plus any legal fees.

What happens if someone trademarks your business name?

If someone uses your name, simply showing proof that you’ve trademarked the name could be enough to convince a business to choose something else. Most importantly, if you must go to court, you’ll have legal proof that you registered the name. However, you don’t have to trademark your business name to protect it.

How do I protect my brand name?

Protect Your Brand Name in 5 StepsRegister your domain name. Domain names are an important part of any business brand today. … Trademark your business name and logo. … Use your brand. … Monitor your brand. … Deal with infringement immediately.