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Topic: Establishing and Protecting a Band Name |
Colm Chomicky
From:
Kansas, (Prairie Village)
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Posted 28 Nov 2006 11:01 am |
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| Assuming one has a proposed name for their band, how does one protect that name and also verify someone else has not claimed it for something. |
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Ben Slaughter
From:
Madera, California
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Posted 28 Nov 2006 4:14 pm
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It is a Trademark that would be used to protect a name. I don't know the ins and outs, but I don't think you have to do anything (legally speaking) to claim a Trademark. Just put a "TM" on your name and actively use it and defend it's use/misuse. Now a "Registered Trademark" (R) is a trademark that is registered with the US Patent and Trademark Office.
As far as knowing if someone has already TMed the name, it may not matter, but I'm sure you can search the web or the US Trademark office must have a database.
But, if you call your band "The Pickers TM" and only play in in Johnson County KS, and I call my band "The Pickers TM" and only play in Madera County CA, there's not a conflict. But if I'm in Jackson County MO, then we have issues...  Then you would issue me a cease and desist order, and we'd start throwing lawyers at each other.
I would maybe start here, as a reference. http://www.uspto.gov/web/offices/tac/doc/basic/ |
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Donny Hinson
From:
Glen Burnie, Md. U.S.A.
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Posted 8 Dec 2006 2:31 am
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You should first do an extensive search to see if anyone else is using/or has used the name. If another band used it in 1931, you can't trademark it. Many bands have the same name today, and unless you "plan" to get very famous, nobody cares if someone else is using the same name.
There's probably an "Alamo Band" in every state.  |
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Bill Ford
From:
Graniteville SC Aiken
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Posted 8 Dec 2006 8:54 am
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A few years back, I was told to write a letter, and state that party's named [us] have formed a group/band, and named it [insert name and date here]and mail it to band manager. You would then have a documented record in the event of a dispute over who had that name first. More than one copy could be sent to be opened if/when needed. The postmark would verify date established.
Bill |
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Donny Hinson
From:
Glen Burnie, Md. U.S.A.
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Posted 8 Dec 2006 9:30 am
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Here's an interesting tidbit:
The old band "The Champs" (whose first instrumental record "Tequila" was such a big hit) never had their name registered. From the time they started (about '57 or '5 , they never worried about it. Then in 1988, when their song was featured in the "big-shoe dance" sequence in Peewee Herman's movie "Pewee's Big Adventure", they were finally advised by their attorney to have the band's name registered.
The process of registering a name probably costs a few hundred dollars. That covers the filing and search fees, and gets you the right to place a circled "R" (for "Registered") next to the name. Unless it's something pretty novel or unique, you may not be able to legally register it as it's probably been usede before. |
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Jack Francis
From:
Queen Creek, Arizona, USA
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Posted 8 Dec 2006 9:44 am
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I have my old band name "THE ROADHOUSE KINGS" Registered with the state of Arizona..that obviously only protects the name here in our state but the date that it was registered could mean something later on.
I have my new band name "THE WEEZUL BROTHERS" registered as well, but who in thier right mind would wanna use a name like that??[This message was edited by Jack Francis on 08 December 2006 at 09:45 AM.] |
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Colm Chomicky
From:
Kansas, (Prairie Village)
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Posted 8 Dec 2006 4:19 pm
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| Good information everyone, thanks for the information. |
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