Do I have to trademark my stage name?
Like “brand names,” stage names are used to distinguish one artist’s identity from another, without having to listen to each of their music side by side. Fortunately, stage names and band names are protectable under Trademark law, yet many established artists and bands neglect the process of protecting these assets.
When can you not trademark a name?
In addition, you can’t trademark your name if it is likely to be confused with other registered trademarks. That means it can’t be similar to an existing trademark if the two trademarks relate to a similar type of goods or services.
How do I legalize my stage name?
Filing a Trademark Application for an Artist Name
- Select your name. Selecting a name is more difficult than you might think.
- Conduct a Trademark Search.
- Identify the Goods and Services and Filing Basis.
- File the Application.
- Respond to any objections raised by the USPTO Examining Attorney.
- Approval and Registration.
Can a musician register their name as a trademark?
Registering a Name. Sometimes musicians and artists want to register their name as a trademark, including a stage name or pseudonym. If the mark appears to be a person’s name, then there are additional requirements for the application.
Is it worth it to trademark an artist name?
With the music business making a paradigm shift from a focus on selling records to branding artists, the value of copyrights have been decreasing and trademarks have become the money makers.
Can a domain name give you trademark rights?
Registration of a domain name with a domain name registrar does not give you any trademark rights. For example, even if you register a certain domain name with a domain name registrar, you could later be required to surrender if it infringes on someone else’s trademark rights.
Do you have to register your name as an artist?
Additional guidance is provided in the Trademark Basic Facts Booklet. Registering a Name. Sometimes musicians and artists want to register their name as a trademark, including a stage name or pseudonym. If the mark appears to be a person’s name, then there are additional requirements for the application.
Is it possible to trademark a stage name?
If you would like to protect your stage name with a trademark, then you should have our associates perform a trademark search to ensure that your desired name is attainable. Mr. Morales founded his trademark law practice in January 2007 with the goal of providing intellectual property expertise to entrepreneurs and businesses around the country.
What happens if a store does not have a trademark?
Fortunately, even though the first store does not have a registered trademark, state common law as well as state statutes would likely still offer some degree of protection. Sometimes these state laws are referred to as unfair competition laws, or unfair business practices.
Can one obtain a trademark on a deceased person’s name?
How famous they were/are, the law on persona in their state, how long they have been dead, etc. There are companies whose sole business is to license the rights of dead people… How historical is this person?
Is it legal to have an unregistered trademark?
Unregistered trademarks still provide some degree of protection under state law. Imagine any famous corporation’s logo: that of Apple, Starbucks, or McDonald’s, for example. These are all registered trademarks, meaning that their corporate owners have registered the marks with a government agency.