Should You Trademark Your Band Name?

If your band is your career, rather than just a hobby, then you should consider getting a trademark for your band name. If you are going to sell anything with your band name on it, then obtaining a trademark is a good idea. It provides important legal protection. Trademarking your band name is the best way of protecting the name while also ensuring that no one else will be able to steal it from you. You should think of trademarking in the same way as copyrighting your songs. It is a way of protecting your rights and your ideas.

If you have taken the time to choose a name for your band, then it will be worthwhile protecting that name with a trademark. If you want to be able to use your name commercially, to sell your music and merchandise, then you need to be sure that you have the legal right to do so. You don't want to end up on the wrong end of a lawsuit, having to pay out a large sum to another band or a business with the same name. Checking that your chosen name has not already been trademarked can protect you against these types of problems. Similarly, when you trademark your name, you will be ensuring that no one else has the right to start using it for their own purposes. You will own your own name.

You do have some rights over your band name, even if you do not trademark it. If someone else tries to use your band name and you can prove that you were using the name first, then you may be able to make a case and retain the rights to use the name, even without a trademark. However, without going through the trademark process, you cannot know whether someone else is already using the name. If they are, then they will be able to take legal action against you if you try to use their name, even if you are doing so unintentionally.

The downside to trademarking a band name is the cost involved. You will have to pay the costs of a formal trademark search to check that the name is not already in use (about 500 dollars), the cost of actually trademarking the name if it is available (about 300 dollars) and your lawyers fees (which could be as much as 1000 dollars). However, if you are sued for trademark infringement by someone who is already using the name, it could cost you a lot more than this.

If you are serious about your band, or perhaps you are starting to achieve some real success and recognition, then it could be a good idea to trademark your band name. However, waiting until you start to make a name for yourself can be a risky tactic. There is no point building up recognition for your band name if you will then be faced with legal action and the need to change your name. This could cost you a significant amount of money and it could also damage your career since a change of name might result in fans being lost.

If you have only just started your band and come up with your band name, you may want to wait a while before you pay to trademark the name since many bands will change their name at some point. You want to be sure that you have the right name before you trademark it. However, it can still be a good idea to perform a quick online search while you are choosing your band name, just to check whether there are any obvious places in which the same name is being used. The name might still have been trademarked even if you don't find it online, but you will be able to rule out any names that are already obviously in use.

If you do decide to trademark your band name then there are two parts to the process. First, a trademark search will need to be carried out to make sure that no one else has already trademarked the name. Secondly, your band name will be registered as a trademark.