How can I patent a record label?

Question

My best friend and I hope to start a hip-hop label, and we are wondering what we need to do in order to patent the name we wish to use....what does it cost? How do we go about it?

Answer 1

You wouldn't patent it. To protect an original invention OR a significant improvement to an existing product, a patent would be filed. Here's the USPTO's definition: http://www.uspto.gov/web/offices/pac/doc/general/index.html#patent

To protect a business name within your industry, you would apply for a trademark.

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. 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, that's done either through 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 (OR are planning to 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!

Answer 2

First off, if you are completely serious and wish to invest the time and money, go to www.uspto.gov. That is the government site for trademarking. I believe it costs $275 to trademark the name, and also get an EIN so the IRS doesn't get pissed... That only costs about $10 or $15, and I believe it can be found on www.IRS.gov, or by looking up EIN on something like Google.

Most everything you'll need to know about it is covered on the sites, as far as paperwork and all to get started.

Once you do that, get some contracts for various transactions, such as the different types of artist\producer agreements, producer\label, artist\label, etc... The list goes on and on... and if you're not a lawyer, to save money in the beginning, read up on those so they make sense enough that you could explain them in detail to someone else. If you want to see one of my more in depth producer\artist agreement contract, email me and I'll send it over (IDK if its legit to put my email on here but its in my profile).

As far as legal stuff, that is a good start for building your own label. Also read up and learn about publishing, liscencing, and the various rights there are with dealing with music, especially in hip hop.

Also, make sure you have all aspects of what you're trying to do covered... if you have a producer\beat guy, get a 2nd one to keep the variety fresh. Recruit various artists that you trust and know have the talent and ambition to do it. Basically, just make it so that your label can cover any genre. If you're doing hip hop, be able to have the credibilty to put out as a label anything and everything... from R&B to east coast, west, south, dirrty south, crunk, raggaeton, club, midwest etc...

Just keep in mind that a label is a business.... you want to succeed, you'll need artists that will bring in the mass appeal (radio play) to pay the bills so you can keep putting out anything else you want, like the more underground music if you're into that.

I have a bit of experience in doing this, so for real fam, feel free to get at me and I can fill you in on whatever. There's alot more that I'm too tired of typing right now to put in LOL