This is part two of a series of posts on how to set up your band for business.
The Second Step In Setting Your Band Up For Business: Trademark Your Band Name.
It is important to have a name that is unique to your band, one that is easy to remember, one that is marketable, and one that you can “own.”
How do you “own” a name? Through trademarking the name.
Before you commit to your band’s name, have a lawyer do a trademark search on the name. Don’t rely on the online services, they usually do not have lawyers on staff and it can be tricky to perform an accurate trademark search. You must know that a name is clear in a particular classification. It has become a very sophisticated business today. Lawyers can charge anywhere from $500 to $2000 for this service. If you were to do this yourself, the government charges a fee of $325 so if you can find a lawyer who performs that work for a fee of $500 and backs up his search with a written report on the clearance of the name, that is very worth it.
Once you know the name is clear, file for the trademark right away. This will give you the comfort right up front that your name is clear and you own it before you start marketing it and building your brand around it.
Next Step: Copyright Your Music
Todd Murphy is a Music and Entertainment Lawyer based in Jersey City, NJ. He represents musical artists in all genres such as rock, dance, electronic, pop, hip-hop, punk, new wave, jazz and classical. Click here for Artist Inquiries.
Is it true that if two bands have the same name, the most successful one gets to keep it because they have most to loose?
- Chris
No, I wouldn’t say that is true all by itself. A trademark challenge brought by one band against the other claiming rights to the same name would depend on many many facts. When you say one band has the most to lose, you are probably thinking that one band may have established itself more than the other with the use of that name and that factor is certainly important.
This is a great reason to register your name early in your band’s history so this type of challenge will be avoided. A search will reveal the other band and you can discuss the use with that band at that time or choose another name.
Trademarks are complex animals and a band name can be very important. Its best to do the research and register your name at the very genesis of a band’s existence.