Can you trademark a band name

The rights include the right to reproduce the work, to prepare derivative works, to distribute copies, to perform the work publicly, and to display the work publicly. The music you write is eligible for copyright protection if it is original, creative and fixed in a tangible medium. It is important to note that copyright does not protect ideas, or in our example, an idea for a song.

In addition, at this time, the Copyright Alliance does not offer copyright registration services. However, if you are looking to apply for a copyright registration, we recommend that you do so online directly with the U. Copyright Office.

If you want to apply for a trademark registration or learn more about trademarks, you would do so with the USPTO. If you still have questions on the differences between copyright and trademark, check out this infographic.

We also have a helpful video that discusses the differences. From a business perspective, it is an asset that can be valuated, sold, and licensed to others. Unless you are a DJ or a coverband, musical recordings will likely be the most important goods to protect on your application.

Why is this a requirement? Under U. It also shows that the name is a trademark — i. For many bands, live performances will be the day-to-day way that they are making money. For some musical artists, like DJs and cover bands, it is the core of their business. In order to register for live performances, you will need to have performed live under the band name.

It depends. You must use the trademark as a brand for the merchandise you are offering. Putting a band name on a t-shirt is not enough to establish trademark rights for t-shirts. In nine more years, between your registration's ninth and 10th anniversary, fill out Section 8 again, plus the Section 9 "Application for Renewal.

You'll have to pay a fee as indicated at this point too, and every 10th year onward. This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law. Here's how to go about trademarking your band's name: 1.

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. Protect your brand. Register my trademark now. References U.