Protecting Your Band Name and the Federal Trademark Process

MY BAND IS SELECTING A NAME. WHAT CAN WE DO TO SEE IF THE NAME IS ALREADY BEING USED BY ANOTHER BAND?

This is, undoubtedly, one of the questions I am asked most often. Before investing money and effort in your band name, put some effort into researching whether the name is in use elsewhere. If someone has established use of the name, they have priority in that territory. Worse yet, the name could be federally trademarked and you could be served with a Cease and Desist letter, which could prohibit your use anywhere in the United States.

A trademark is a word, name, symbol or device that indicates the source of goods and services. As a band, your goods and services are your merchandise, recordings and live performances. Do not confuse trademark with copyright. You trademark a name, not copyright it.

The first step in selecting a name is to choose one that is distinctive, such that it identifies your band and avoids deception, mistake and confusion with another band. Do a preliminary search by using google and the ASCAP/BMI sites. I also advise searching the websites of both the California and New York secretaries of state, the two largest entertainment states. They can be found at www.ss.ca.gov and www.dos.state.ny.us, respectively. Next, you can search the U.S. Patent and Trademark Office at www.uspto.gov. Click on “search” underneath the “trademark” heading at the menu on the left. The search is free and will display all similar sounding names as well as the owner’s name and address. It will also tell you if the trademark is still in use or if it has been abandoned.