It’s important to protect your brand and make sure that no one else can use your artist or band name by trademarking it. This article will show you how to get a trademark for your band or artist name.
- Do a Search for Trademarks
Why It Matters: Making sure that the name you want isn’t already taken or protected by a brand will keep you out of trouble with the law in the future.
Follow these steps: – Do a quick search online to see if the name is already being used by other artists or bands.
Trademark Database: To find existing trademarks, use the database of the United States Patent and Trademark Office (USPTO) (www.uspto.gov) or the database in your own country.
Help from a Professional: You might want to hire a trademark attorney to do a full search and give you legal help.
- Figure out what your trademark covers.
It’s important to know that trademarks can cover many different types of goods and services. Setting clear limits on your coverage guarantees complete safety.
Types of Goods and Services: – Class 9: This includes music records.
- Class 41: This includes entertainment services like live shows.
- Class 25: This refers to goods, like clothes.
- Get ready to fill out your application
Why It Matters: An application that is complete and correct boosts the chances of being registered.
Steps to Take: – List of Goods and Services: Make a list of the products and services you will offer under the brand.
- Specimen of Use: Show how you are using the name in business, like on record covers or promotional materials.
— Owner Information: Write down the name and address of the person or company that owns the trademark.
- Sign and send in the application
“Why It Matters”: When you file the application, the process of getting a brand begins.
Steps to Follow: – To make your application online, use the Trademark Electronic Application System (TEAS) from the USPTO or the system in your country that is similar.
- Fee to File: Pay the fee, which changes based on how many classes you have and whether you file electronically (TEAS Plus or TEAS Standard).
- Your Submission: Fill out and send in your application, and keep a copy of the proof receipt.
- Keep an eye on your application and respond to what the office does.
Why It Matters: The trademark office can ask for more information or say no, and you need to respond right away.
Steps to Take: Application Status: Use the USPTO’s Trademark Status and Document Retrieval (TSDR) system or the similar system in your country to check on a regular basis to see where your application stands.
- Office Actions: Follow up on any office actions or calls for more information within the time limit given.
- Opposition Period: Once your trademark is approved, it will be published in the Official Gazette. During this time, other people can file an opposition to the register. If you have to, be ready to defend your application.
- Keep your trademark up to date and renew it
Reasons Why It’s Important: Regular maintenance keeps your property rights safe.
Steps to Take: Use Your Trademark: To keep your trademark legal, you must keep using it in business.
- Renewal: Put away the necessary repair forms and applications for renewal. Part 8 and Part 15 statements must be made between the fifth and sixth years of registration in the US, and the registration must be renewed every ten years.
- Supervision of Infringement: Watch out for possible copyright infringements and take action to protect your rights.
Final Thoughts
You can trademark your artist or band name if you do a trademark search, choose the scope, prepare and file your application, keep an eye on and react to office actions, and maintain and renew your trademark. Legally protecting your name will keep your brand unique and safe in the music business. Armus Digital gives artists the tools and help they need to run their businesses and keep their creative work safe.
This is about Armus Digital:
Armus Digital is a platform for distributing music that helps artists get their songs heard all over the world. It lets you quickly distribute your music to more than 150 platforms, get paid every month, protect your content, earn performance royalties, and use label services. The platform lets artists upload their music, choose which stores to distribute it in, give collaborators, and make UPC and ISRC codes. Armus Digital makes sure that music can be heard all over the world and is properly made money by forming agreements with many digital service providers.