You would trademark the name of the band, not copyright it.
Copyrights can be obtained for things of an artistic nature. This includes, of course, poetry, films, sculptures, music, fiction, etc. But can also include things that may not necessarily seem "artistic" in the general sense of the word. Copyrights can also be obtained for advertising copy, games, software programs and blueprints, to name just a few.
Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Technically, you are offering entertainment services with your band.
So, the name and/or logo used to identify the band would be a trademark whereas any original music and/or lyrics would be a copyright issue.
Registering a trademark grants the owner exclusive rights to the mark within the specified industry.
Of course, it's necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party.
This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.
To register a trademark, contact either your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark.
If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.
Hope that helps! I wish you much success & happiness in all your ventures!
2006-07-29 09:20:14
·
answer #1
·
answered by TM Express™ 7
·
1⤊
0⤋
You need to find a copywrite attourny, and it will probably cost about $1000.00 minimum. They will do a copywrite search for you to make sure the name don't already exist, then file the papers. Of course, if you put out an album with this bands name, then someone later tries to use the name, you might be able to sue them and get royalties checks on every thing they ever sell.
2006-07-29 01:08:37
·
answer #2
·
answered by lightningviper 4
·
0⤊
0⤋