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Article 3 The essential guide to trademarking your band name

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Are you a budding pop star wanting to launch on the big stage? We believe that you should follow your dreams where ever they may take you but make sure you plan for the journey ahead. Trademarking a band name, product name, logo and slogan is an important aspect of building your brand identity and crucial to ensuring your financial security.

To trademark your name, you need to put in a trademark application with the USPTO (United States Trademark and Patent Office). However, there are a few pitfalls to avoid to make sure you don’t waste the $300 fee it costs to do this.

To assist you, we’ve put together a handy guide you may find useful:

  1. Research your name

Make sure no one else is using it before you file your trademark application. Even if a google search has come up blank, you may want to check with USPTO first, just in case your band name has already been trademarked elsewhere.

  1. Trademark early to avoid duplication

You might be a rising star with a great following, or a small outfit which reaches success later on but if someone else already uses your name and has it trademarked there is nothing you can do about it. So, trademark it from the word go. Enlist the help of a trademark attorney if you’re not sure what to do.

  1. The earliest has seniority in a non-trademark name battle

If two bands have the same or similar names and both are non-trademarked, the one which has existed for the longest gets the trademark.

  1. Timing is of the essence

It can take from twelve to eighteen months for a trademark application process to be processed. Make sure your application goes in as soon as possible to avoid someone else getting there first.

  1. Label your band property and merchandise with the trademark symbol ®

Once you’ve received your trademark, it’s really important that you make sure everyone knows that it’s yours. In the event of a copycat trying to profit from your brand identity, it would be very difficult to prove that you own the property if is not labelled with the trademark symbol. Avoid the legal battle and label everything from the offset.

Is help available?

Yes, a trademark attorney will do all the work for you. Once you have placed an order with them, they will carry out a thorough search report and a detailed analysis of the business name, product name, logo and slogan. They will then draft and file your trademark application with the Patent and Trademark Office. Your trademark application will be processed in four to six months. As soon as your application has been processed, the attorney will send you your trademark registration certificate.

To summarise, unintended errors can cost you time, money and potentially your band identity. Make sure you protect yourself and your band from copycats both now and in the future.

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