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How do you trademark a band name?

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Quick Answer

Register a trademark for a band name by determining if the name meets trademark rules, identifying what products and services must be covered by the trademark, searching to be sure the name isn't already trademarked, and submitting an application through the U.S. Patent and Trademark Office, notes the agency. There are specific areas of trademark law that band members must consider, such as who is to own the trademark.

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Full Answer

Not all band names can be trademarked. For example, if the name is one that someone else can legally claim, it cannot be trademarked, notes the U.S. Patent and Trademark Office. Be sure to clearly identify any products, such as CDs or t-shirts, and services such as concert performances, to include in the trademark application. If the band chooses a name that represents a real person, procure that person's consent. Search the U.S. Patent and Trademark Office database to ensure that someone else hasn't already obtained a trademark for the name.

Determine with members of the band who has ownership over the mark before filing an application, advises the U.S. Patent and Trademark Office. Several people can hold a trademark jointly, though this is rare, and members of the band should plan for the event of the band breaking up. Apply online for the band's trademark, and make any necessary international applications. Consider hiring an attorney to help with the trademark process.

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