How To Register A Music Group Name

One of the beginning questions many bands are forced to ask themselves is how to register (or trademark) their ring name.

Acquiring a trademark on your band name is something you lot should probably do in the early on stages of your career to prevent major issues down the road.

When you commencement to utilize the name for commercial purposes, or you're making substantial amounts of money (that someone might endeavour to take away from you) you probably should start thinking most applying for registration of a trademark.

Luckily, the process of legally registering a band name isn't specially difficult or expensive, unless that particular name is already trademarked.

Unfortunately, we've all heard stories of bands having to alter or completely change their name because they neglected to check the U.South. Patent and Trademark Role (USPTO) database to make sure that the proper name didn't already belong to somebody else.

Even though the jargon of copyright law can experience a chip similar listening to a Trekkie speak Klingon, checking the database and subsequently applying for trademark status is fairly straightforward.

So here are "viii Like shooting fish in a barrel Steps to Legally Register Your Band Name" and never have to worry about getting sued by some defunct dad-rock band in Switzerland.

Footstep 1 – PICK A NAME

It might seem obvious, but the very first matter you need to do, if y'all oasis't already, is think of a practiced band proper name.

Like any production or service, choosing something that accurately identifies who you lot are is a disquisitional role of branding and marketing your music.

This can be complicated and crave a lot of time and attention, making it one of the most difficult parts of the entire process.

Unless you lot're a band with a name like, "Butthole Surfers" or "No Apply For A Proper name," coming up with a unmarried word or phrase that encapsulates how you want people to think of you lot can be a heavy decision.

Many bands alter their proper noun several times in the early on stages just considering they're notwithstanding figuring out who they are and what kind of music they're trying to create — no legal connection whatsoever.

Unfortunately, once y'all've spent the time and attention to discover the perfect proper name, information technology'due south probably already registered.

Step ii – Bank check THE DATABASE

The second stride after deciding what you want to call your band is to cheque the U.S. Patent and Trademark Office (USPTO) database to make certain your band'south name hasn't already been registered.

The entire database is available to check for gratuitous through the USPTO website and their Trademark Electronic Search Arrangement (or TESS).

In one case you type in your desired name, ii types of results will appear: Live trademarks and expressionless ones.

If y'all're lucky, no results or only "expressionless trademark" results will come upward on TESS and you'll be able to apply to register the name as a legal trademark.

If you're unlucky, the name will already exist registered and a "Alive trademark" will appear, meaning you'll demand to think of a new proper noun.

Yet, you can e'er do more enquiry.

Trademarks must be renewed every x years, so if the renewal deadline is coming up, y'all can apply to register the trademark later it expires.

Edit: In some cases, you tin still ask or pay for the express use of a previously registered trademark (see Stride 8 – License The Proper name).

Another important affair to annotation is many terms are commonplace enough that it doesn't matter if they're already registered.

Naming your band something that is established as full general-use tin cover any legal claims that could exist brought against you, like the recent developments with LeBron James' requests to purchase the rights behind "Taco Tuesday."

If y'all're going to name your band a generic term or saying like, "Immature And In Love" or "Safe And Sound" — fifty-fifty if the database says information technology's registered, y'all're probably OK to forgo applying for a trademark.

Also, if a trademark is registered in a different category than the one bands are registered in, you've probably nevertheless got a shot.

For example, have you always wondered why there's a book, a picture show, and a ring named "The Devils Wears Prada" only none of them accept anything to exercise with each other?

It's considering each of those categories are different enough that people understand The Devil Wears Prada (band) is different from the Meryl Streep movie.

For many bands, simply checking the database volition finish the registration procedure because until y'all're signing a major record deal, or embarking on a national tour, registering a new ring name as a trademark isn't really necessary.

Information technology's an expensive application and as long equally no 1 else has registered the name, you're probably fine to use it for free for a petty while.

And it might be cynical to say but by the time someone else comes along to use the proper name or wants to put in a request to license information technology, most bands have already called it quits.

STEP 3 – Found YOURSELF

Once you know the name is bachelor, you should immediately first using it.

As long it isn't officially trademarked, anyone tin can freely employ the name.

The sooner you start using the name publicly, the easier information technology volition be to show to the USPTO that the proper name is yours when y'all utilise for the trademark.

An of import part of this step is to get some press. According to LawTrades.com, "Publication in an official newspaper is required to complete the trademark application."

Getting printing tin seem difficult and disruptive at first, but information technology will get easier as yous develop relationships with local writers and journalists.

The easiest and quickest style to get press is to put together an EPK (Electronic Press Kit) and e-mail it out to local newspapers, magazines, and blogs asking them to write about your ring.

Be sure to let them know your gig schedule, and invite them out to a show.

If you can, introduce a PR angle and donate some of your ticket/anthology/merch sales to a local clemency — information technology might only be a couple of dollars, but it adds a unique element to the story and newspapers, especially, eat that stuff upwardly.

Getting press from a recognized publication not only helps in the legal procedure of registering a trademark, but information technology besides provides an opportunity for exposure, establishing brownie, and developing relationships with venues, promoters, and labels.

STEP 4 – FILE THE APPLICATION

If you're confident someone will try to steal your name and you lot're determined to cover all your bases, the next pace is to officially apply for trademark status.

To practise so, y'all'll need to fill up out the initial trademark application course. The form is bachelor through the USPTO website and can be completed online or in print format.

The USPTO recommends submitting the application online, through their Trademark Electronic Application Organization, or TEAS, considering of verification functions, 24-hour availability and lower filing fees.

When you file the application to register the trademark, you'll need to select whether the trademark you want is for an paradigm, similar a band logo (think Metallica) or simply text, for the band's name.

Nosotros recommend you trademark your band proper name every bit text, roofing its use in any format, including a logo.

Alternatively, when you register your band proper noun as an paradigm, the trademark will merely cover its protection every bit office of a logo.

HIRE A U.S.-LICENSED ATTORNEY

If you're non located in the U.S. merely are looking to larn registration of a trademark in the U.S. you'll demand to include another step to the procedure: hiring a U.S.-licensed attorney.

The USPTO recently implemented a new trademark rule that requires foreign-domiciled (non-U.S. residents) applicants and registrants to take a U.Due south.-licensed attorney represent them while applying for trademark status.

This includes Canadian citizens, who previously were able to be represented by Canadian patent and trademark attorneys and agents.

You can read more than near this rule and who it affects on the USPTO website.

Stride 5 – RESPOND TO REQUESTS

After submitting the initial application, information technology'south your duty to check your application or registration status, right filing errors, and consummate whatever additional requirements.

You can bank check the awarding status of your trademark through Trademark Status and Document Retrieval (TSDR) 24 hours a day, 7 days a week.

How frequently should you check the application status of your trademark? While waiting for registration of a trademark, the application condition should be checked every 3-4 months. Within the first few weeks after filing the application, the Trademark Status and Certificate Retrieval program may non reflect the almost current status, due to internal processing activities at the United states Patent and Trademark Office.

The USPTO will occasionally need answers to clarifying questions, the completion of additional paperwork, or other specifications and specific requests.

It'southward important to respond quickly and appropriately to anything the trademark role requests.

Missing or ignoring requests from the USPTO volition merely lengthen the awarding process, or prevent y'all entirely from acquiring registration of your desired trademark.

According to the USPTO website, "Failure to respond timely to any Part action or notice may outcome in the abandonment of your application, requiring you to pay an additional fee to take your awarding revived even if you did not receive the office action or notice."

If the request to revive an application is non made inside 2 months of the mailing date of the notice of abandonment, the revival of the awarding is actually declined.

The USPTO also does not extend filing deadlines even in cases where USPTO mail service/e-mails weren't received.

That'south why it'due south of import to stay on top of all additional requests and brand certain y'all include the correct contact information in the initial application.

If you're contacted past the USPTO, you'll need to consummate the necessary response forms (which can exist found hither) and submit them appropriately.

STEP 6 – PAY THE FEES

Like anything to do with the government, the next thing you'll demand to exercise in the trademark procedure is pay the required filing fees.

How much does it cost to trademark a band name? Filing a trademark for your band name with the U.S. Patent and Trademark Office will price between $225 and $600, including additional legal fees. If you register exclusively in your home state, you can acquire a local trademark for $50-$150 but information technology won't include protection in other states.

If you file online, the best mode to avert boosted charges is to pay by electronic check. Otherwise, you can pay with a traditional debit or credit card for a pocket-size processing fee.

If y'all file in person, you'll need to pay with a cashier's cheque or money order made out to the U.S. Patent and Trademark Office.

Spotter this video that the USPTO put together if you're nonetheless concerned about how much your specific trademark is going to cost.

TMIN NEWS 19: FEES

Picket OUT FOR SCAMS

Be careful in this stage — similar anything that requires payment for services, there's going to be someone out at that place trying to scam you lot.

When applying for trademark status, make sure yous're merely going through official channels (like the USPTO) that actually have the authority to register trademarks.

There are countless websites and under-the-table services that will offer you copyrights, trademarks, and patents for cheap — none of them are existent.

In 1 of my first bands, we had small a dispute with our producer over coin.

Nosotros released some unfinished mixes of our songs to show our friends and family and never ended upwardly finishing the songs.

We didn't know it at the fourth dimension, but the producer was super pissed and later on, he actually threatened legal action, claiming we'd released those mixes without his consent and without paying him for his services.

He claimed he owned the copyrights on those songs (partially true) and that he deserved a cut of whatever sales we had made.

Because nosotros thought we were going to get sued, we ended up paying some sketchy web service (that doesn't exist anymore) for rights to all of our music, lyrics, artwork, and ring name.

Luckily, the producer'south threats were empty and the whole thing got swept under the carpeting, simply we learned shortly later that purchasing those rights to our music was just a scam.

So don't brand the same mistake. If you're seriously because registering your ring name, make sure you lot go through the official U.S. Patent and Trademark Office.

If you don't have the cash on paw, look until you do. Don't waste matter your time or money on a spider web service that claims they can register your trademark for cheap because they can't.

The just way to purchase a legally recognized trademark is through the USPTO or your local state offices.

STEP 7 – WAIT FOR CERTIFICATION

Once the awarding is complete, all response forms are submitted, and the trademark is purchased, it immediately takes legal event.

Nevertheless, information technology may take an boosted 1-two months before the official certificate is received.

This is largely due to the time information technology takes the USPTO to process the necessary paperwork and put in a formal asking to print the trademark certificate.

One time the certificate is printed, it's looked over for inaccuracies, signed and afterwards mailed to the address provided by the applicant.

Shipped through the U.s.a. Mail, the certificate can typically exist expected to exist received in five to seven business days.

STEP 8 – LICENSE THE TRADEMARK (OPTIONAL)

The final step of acquiring a trademark is deciding what y'all're going to do with information technology in one case you lot take information technology.

Of form, the registration of a trademark allows a band to prevent others from using its name for commercial purposes.

Co-ordinate to definitions.uslegal.com "commercial purposes" means, "The carriage of persons or property for whatsoever fare, fee, charge per unit, accuse or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit."

So if you're planning to make whatever substantial amount of money from your band, y'all should probably make sure you've gotten it trademarked.

A trademark also allows a band to license its proper noun to others, for a express fourth dimension in exchange for a fee.

This tin exist an boosted source of revenue for a ring, or information technology tin can also be a loophole for bands that desperately want to use an already trademarked proper name.

If the band name yous want is already registered, practice some research nearly the ring and the person who trademarked the name.

If you learn that the name was simply used for a short amount of fourth dimension, and the band has since cleaved-up, the chances of yous being able to affordably license the proper noun are pretty likely.