How to Trademark a Music Artist Name
Are you looking to understand how to trademark artist name? Well, you have come to the right place.
Whether you’re a singer, writer, or painter, a trademark can help you protect your name and work from infringement.
There is a contrast between a copyright and a trademark. You can’t copyright a stage or artist’s name. Copyright is usually used to protect your musical work by registering it to official copyright. Trademark is used when an artist wants to file a trademark application of his stage name.
To apply and search for the trademark application, expect about a $1000 fee for filing. Understanding how the process of trademark works is crucial even if you’re planning to hire an attorney to file your application.
The music industry is a business, and you wouldn’t want another artist to steal your thunder. That’s why you need to have an official trademark on your name to use it on social media platforms and your website. After you register for an artist’s name trademark, use the symbol ® next to your name.
Now let’s dive deep into understanding how trademark works and trademarking a music artist’s name.
Easy Guide on How to Trademark a Music Artist Name
Now, if you want to trademark your name in a short time, it’s best to hire an experienced trademark attorney. So let’s move further to understand how you can trademark your stage or artist name:
1. Make sure your Mark is Available
The most crucial thing when filing for trademark your artist name is to research. Your stage name and your logo should be unique if you want it to qualify for trademark protection.
You can’t just choose your name as Taylor swift and copy the log of Gucci. It has to be unique, something that you created by yourself. Even if you change an alphabet from Taylor Swift’s name, the trademark law will not accept it.
Your application will be turned down if a slight similarity is found in your name with another artist. Even if someone tries to copy a word, the USPTO attorney will search for the chosen artist’s name himself.
A database maintained by USPTO is a great starting point to do your name research. The database is called a trade electronic search system. You can delve into TEES to see if your stage name is already a registered trademark or not.
The best practice to conduct a trademark search is to do it with an experienced trademark lawyer. Because of similarity of names comes up, it means the denial of your application because of confusion.
2. Don’t pick Artist Name Hastily
It’s crucial to pick a unique artist’s name, and there are tons of different ways to do this. You can’t just choose any name that you saw on a book or a poster, and you liked it very much that you want it as your stage name.
Choose a name that you will use, and you must do it right the first time. Some artists go to trademark for over one artist name, but it is possible if each name is proven to be in use.
Music artists like Jay-Z own the trademark of two names, including Jay-Z Shawn Carter. It doesn’t mean that you need two names to file for the trademark application. One unique name is enough for any artist to file for the trademark.
3. Choose the Proper Description of Goods and Services
When applying for the trademark application, you must choose a proper description of services connected to your name. Before filing your trademark application, select all the goods you’ll be using.
The goods might include merchandise, recorded performance, books, live music services, and more. You can also apply on an actual use basis if you’re already offering goods and services.
4. Filing the Application
When you decide to apply for a music artist’s name trademark, work carefully. It’s vital that you have researched well in the name and adequately addressed your goods and services.
If there is any fault found in your application, high chances would be your application being denied with no fee refund. Although applicants with a US domicile don’t need to hire an attorney, you’re still encouraged to do so.
The US trademark office advises all the applicants to have an experienced attorney who can handle their application.
5. Track and Respond
Once you apply to the Patent and Trademark Office (USPTO), they will assign a number. The given number allows you to track the progress of your application through the TSDR system.
When you file a trademark application, the examination attorney thoroughly reviews it. They will check if there are any errors or conflicting trademark issues in your application or not.
If your application has any errors, the attorney will inform you to make corrections within six months. If you don’t respond to the process and make changes within the period, your application will abandon.
6. The Registration Process
Once the trademark attorney approves your application, it’ll then be approved by the Official Gazette. It is a weekly publication by USPTO which provides legal notice of your intent to trademark the stage name.
It also allows other people with legal grounds for objecting to your trademark and file a trademark opposition with TTAB. Once your name is published without objections in the Official Gazette, you will receive a notice of allowance.
The notice of allowance is issued if you applied on an intent to use basis. But if you applied on an actual use basis, your artist trademark name will be registered.
To wrap it up!
Now that you have all the general information on how things work, it is time to start your research. It would be best if you have a name that belongs to only you. And you have to clear all requirements before filing a trademark application.
When you’re all set to apply for a music artist trademark with the help of a professional, the process doesn’t take long.
If you have any questions or suggestions feel free to contact us.
