If you think of a really cool band name for your band - should you trademark the name?

Question

How much time and effort and dollars goes into trademarking and when is it worth the effort?

Answer 1

First use or common-law rights do give you some protection. But registering for a trademark does provide you with several benefits. Here's what the USPTO has to say:

"You can establish rights in a mark based on legitimate use of the mark. However, owning a federal trademark registration on the Principal Register provides several advantages, e.g.,

• constructive notice to the public of the registrant's claim of ownership of the mark;
• a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;
• the ability to bring an action concerning the mark in federal court;
• the use of the U.S registration as a basis to obtain registration in foreign countries; and
• the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods."

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 touring in one state, then a State trademark is most appropriate. If you tour (OR are planning to tour) 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

Your band may already have some "common law" rights to the band name if the band has been actively using it on a commercial basis. But registration as a service mark or trademark gives the band the best protection from competing claims to the band name.

Money and time involved in registering your band name as a service mark would depend on where you are. Check with the Intellectual Property (IP) authority which administers IP rights (i.e trademarks, patents, designs) for your country.

Also important is the ownership of the band name. The band members should agree as to who owns it; whether the person who thought of it or whether everyone in the band should own it as a partnership. This should be among the stuff to be taken care of in your band agreement. Here's a sample provision on band name and logo:

"Each of the Partners hereby acknowledge and declare that the Band Name and Band Logo are the exclusive property of the Partnership and not owned by any individual Partner and that:
(a) Outgoing Partner(s) shall have no interest whatsoever in the Band Name and Band Logo save and except the limited right to be known as an ex-member of the Band; and
(b) in the event of a dissolution of the Partnership, no individual member shall have a right to use the Band Name and Band Logo save and except the limited right to be known as an ex-member of the Band."

If your band is doing or going to be doing gigs commercially, then you should have a band agreement before you guys start fighting with each other. Good luck.

Answer 3

If you don't want anyone else to be able to use the name, yes, trademark it... Only if you're super serious about being big.. Because most time, bands are garage bands, and don't go past that. There's no sense in Trademarking it if it won't go past your mom's garage, or past the local places that let you play there.
I'm not sure how much it costs.