Trademarking band names?

invader3k · #1 01-13-2005, 08:28 PM

I'm sure this has come up before, but has anyone here ever trademarked a band name? Is it worth bothering? Our band wants to release an EP eventually down the line, so I've been thinking about that. Has anyone here ever done this before? Thanks in advance.

invader3k · #2 01-14-2005, 11:41 AM

28 views and no responses? No one knows?

**craigers2** · #3 01-14-2005, 11:51 AM

the band i'm currently playing in has been around 15 years (i've only played with them for 3). when the first formed, the drummer did go through the trouble of Trademarking the band's name in Ohio. from what i understand, there are other bands with the same name as ours, but legally, no other band in Ohio can advertise under the name Shout.

mwm70 · #4 01-14-2005, 12:26 PM

I did this about 15 years ago. Memory is sketchy so bare with me. I believe there is a office in Washington you have to apply to. The name will be reviewed and researched for any overlap. I believe if your name is close to another trademark the person who has the previously protected name might have the right of refusal against you. If all is clear then there is a fee (I think 200 bills when I did it) that protects it for something like 5 years. After which you can send in another fee and protect it again. I think the office is The Office of Copyrights and Trademarks, not sure though it was a long time ago. It was alot of work to do and really wasn't worth it for us, but if you think this group has it, then the effort will pay off down the line. I'll check to see if I have any of that info still around and post what I find later.

iamthebassman · #5 01-14-2005, 01:59 PM

Go down to the courthouse in the county you guys are in and register the name, they'll give you all the paperwork. In the 13 years we've been together we've had to "get legal" with someone just once. They were using our name to book some gigs. But we owned the name so they were SOL.

invader3k · #6 01-14-2005, 02:21 PM

Thanks (and everyone else so far). Was there a cost involved, and if so, what was it?

Thanks in advance.

iamthebassman · #7 01-14-2005, 04:52 PM

invader,
It's been several years but I think it was around $20. Of course it's probably different in every county in the country. If you guys are serious about the band(as in plannning to stay together, gig a lot, buy PA, etc.)you should also consider getting a DBA(Doing Business As)for the band. A bit more money(not much more)but very helpful in keeping out of trouble with the taxman.

Music Attorney · #8 01-16-2005, 10:20 PM

Try these links. A couple of the articles are a little older, but probably still reasonably current. I know Anthony Berman and Cheryl Hodgson, two of the lawyers who wrote the articles. I'll try and dig up some more info. Hope they help.

Best,
MA

http://www.ibslaw.com/melon/archive/306_trademark.html

http://www.ibslaw.com/melon/archive/209_trademark.html

http://www.probsteinandweiner.com/tradem~1.doc