Trademarks and Servicemarks

Band names are the symbols by which the public comes to know of a band's music and are the primary means by which a band markets its phonorecords, tee shirts, etc. Thus as a group becomes popular, and known to the public (even on a local level), it is important that the band registers and protects its band name as trademark and/or servicemark with the United States Patent and Trademark Office. While Trademark/servicemark registration can be obtained at the state level, protection is better afforded by registration at the federal level.

Band members should also clearly agree about who owns the legal rights in and to the band's names. Information, and forms necessary to record trademarks/servicemarks, can be obtained from The United States Patent and Trademark Office.

You can now do a preliminary online trademark search to find out if anyone has a pending or registered trademark for the name you seek to use.

For a good overall reference to trademark material on the web, visit All About Trademarks From Gregory H. Guillot. In addition to trademark information, this site also has numerous links for other intellectual property right topics.

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