Quick Answer: Should An Artist Trademark Their Name?

Should musicians trademark their name?

To prevent others from using your name for any reason, including merchandise, you should register it as a trademark.

Once your name is trademarked, you can file suit against others who are using the name without your permission.

If you are a single artist, then you will own the trademark..

Do rappers trademark their names?

However, a rap name is eligible for protection with the U.S. Patent and Trademark Office. Trademarks protect brand names and logos associated with products and services. Therefore, a rapper would fall under the category of a performing artist who provides musical services to the public.

How much do it cost to patent a name?

The cost to trademark a name at the federal level ranges from $225 to $400 plus legal fees or $50 to $150 for a state trademark. The average cost to trademark a logo is $225 to $600 plus any legal fees. Get free estimates from trademark attorneys near you.

What happens when a name is trademarked?

Under the Act, a trademark owner can sue to collect damages and recover a domain name from a person who, with a bad faith intent to profit, registered a domain name that is identical or similar to a distinctive or famous trademark.

Can albums have the same name?

You can’t trademark/copyright the name of a song/album.

To register a claim to copyright in a musical composition, you must submit the following to the Copyright Office: (1) a completed application form; (2) a nonrefundable filing fee; and (3) the required “deposit copies” of your work. This circular highlights issues common to registrations of musical compositions.

How do I protect my artist name?

Here’s how to trademark a music artist name.Step 1 – Perform A Search To Make Sure Your Mark Is Available. Your performing name, company name, or logo needs to be unique in order to qualify for trademark protection. … Choose The Proper Description. … Step 3 – Online Filing.

Should I trademark my stage name?

Sometimes musicians and artists want to register their name as a trademark, including a stage name or pseudonym. … If the name is an actual name (including a nickname or stage name) of any living individual, then the person’s consent to the use and registration of the name must be included in the application file.

Can two music artists have the same name?

Yes. This falls not under copyright law but trademark law, which can be considerably murkier. There is nothing illegal about two companies or bands or individuals having the same name. … There is a trademark office where you can register trademarks such as names and logos.

Is Lady Gaga trademarked?

Lady Gaga is an American recording artist. She also owns registrations for her “Lady Gaga” stage name. …

Copyright secures Creative or intellectual creations. Trademarks secure the branding under which products and services are sold. Patent secures inventions that are useful for the world and has some use.

Can 2 artists have the same name on Spotify?

What is an artist separation? Often, bands/artists that have the same or similar names get placed under the same Spotify artist profile or an album gets placed under the wrong artist profile. In order to get this corrected, we need to file something called an Artist Separation.

Can I trademark a name already in use but not trademarked?

A registered trademark offers legal protection to unique logos and designs affixed to a tangible object. For this reason, you can’t file to register a trademark that someone else is already using if they used the trademark first.

Can you be in two bands at once?

absolutely join both. Unless you’re uber one dimensional in your musical tastes, neither band will wholly satisfy your musical needs on their own. Being in two bands can be way more fulfilling on that front. As far as what to expect, just expect to be at twice as many band practices as you would with one band.

Can two artists have the same name?

Two bands should not have the same name. Especially if both of them are or hope to be famous. Many years ago, when two young musicians Bob Bogle and Don Wilson wanted to form a band, they picked a name for it: the Versatones. When they wanted to register the name, they discovered that this name was already taken.

Should I trademark my Instagram name?

Since Instagram has a greater percentage of brand-follower engagement, it is especially important for trademark owners to select their trademarked name as their Instagram username.

How do I find out if an artist name is taken?

How To Check If Your Rap Name is Already TrademarkedStep 1: Visit the Search Trademark Database.Step 2: Scroll down and click the “Trademark Electronic Search System (TESS)” button.Step 3: Select the Basic Word Mark Search option:Step 4: Enter your rap name and press the “Submit Query” button.

How do you pick a rap name?

12 Best Tips On How To Pick A Rap NameEmotional Detachment. … Names should represent what you’re about. … Use Alliteration. … Version Of Your Own Government Name. … Make sure it’s something you are comfortable saying. … A lot of rap names change with time. … Pick a character that embodies your values and combine it. … Make sure you are searchable.More items…

Can you name a band after a song?

Bands named after their own songs Black Sabbath took their name after writing the song of the same name, which in turn was named after the 1963 film of the same name. Blue Murder, after a song on their first album. Butthole Surfers, in the early years of band, they performed under a different name every show.

Why would someone trademark their name?

Registering a trademark for your personal name can be a good way to protect yourself from people who want to profit by using your name without your authorization. It can also help if you are a victim of cybersquatting.

Can you trademark a common word?

Common words and phrases can be trademarked if the person or company seeking the trademark can demonstrate that the phrase has acquired a distinctive secondary meaning apart from its original meaning. That secondary meaning must be one that identifies the phrase with a particular good or service.