How do I make my band name permanent?!
Question: How do I make my band name permanent!?
I just made a pretty good band but I don't want anyone taking my band name how do I make it Permanent!?Www@Enter-QA@Com
Answers:
The way to protect it is to register it with the United States Patent and Trademark Office!. Their website is at-- www!.uspto!.gov
This can be costly as it will register your right to use the name/logo (if you have one) for commercial use in the U!.S!. This means registering it in multiple categories for each commerce your band is engaged in!. One for clothing/apparel [for t-shirts, etc!.,], one for use in performance/recording [using it live and on Cd's/Mp3 downloads], and whatever other use of the name!. This will give you the ability to use the "TM" symbol letting all know it has been submitted and is in use commercially, but will take many years (and money) before you get to own it exclusively!. At that point you get to change it to the "R" enclosed within a circle symbol then it is 'undisputably' yours!
Another 'cheaper' way is to only register it for use within your state!. You would protect it only in the state its registered in!. If you are only going to play and sell items in your state this will suffice, but if you tour and someone else owns the TM somewhere else, then you'd have to use an alternate!. If you band is called JOKER and you own that name in say, Ohio - you're good to go!. If you tour and sell items in Kentucky and that name is already registered there (and they find out and send a cease & desist order), you'd maybe have to play and sell items under the name JOKER X!.
This can be sometimes be lucrative!. I knew a band here in Ohio that registered their name in only Ohio and a few years later a band from out west with the same name got signed to a major deal!. Since the band out west had the name for so long and had developed a major following, they didn't want to change it so the record co!. bought the rights for the usage of the name in Ohio!. The next time I saw the Ohio band play, not only did they have a new name, but about $20,000 in new equipment!!!
Go to-- www!.ggmark!.com/#State_Trademark_Law
This will give you info state-by-state on registering in your state!.Www@Enter-QA@Com
This can be costly as it will register your right to use the name/logo (if you have one) for commercial use in the U!.S!. This means registering it in multiple categories for each commerce your band is engaged in!. One for clothing/apparel [for t-shirts, etc!.,], one for use in performance/recording [using it live and on Cd's/Mp3 downloads], and whatever other use of the name!. This will give you the ability to use the "TM" symbol letting all know it has been submitted and is in use commercially, but will take many years (and money) before you get to own it exclusively!. At that point you get to change it to the "R" enclosed within a circle symbol then it is 'undisputably' yours!
Another 'cheaper' way is to only register it for use within your state!. You would protect it only in the state its registered in!. If you are only going to play and sell items in your state this will suffice, but if you tour and someone else owns the TM somewhere else, then you'd have to use an alternate!. If you band is called JOKER and you own that name in say, Ohio - you're good to go!. If you tour and sell items in Kentucky and that name is already registered there (and they find out and send a cease & desist order), you'd maybe have to play and sell items under the name JOKER X!.
This can be sometimes be lucrative!. I knew a band here in Ohio that registered their name in only Ohio and a few years later a band from out west with the same name got signed to a major deal!. Since the band out west had the name for so long and had developed a major following, they didn't want to change it so the record co!. bought the rights for the usage of the name in Ohio!. The next time I saw the Ohio band play, not only did they have a new name, but about $20,000 in new equipment!!!
Go to-- www!.ggmark!.com/#State_Trademark_Law
This will give you info state-by-state on registering in your state!.Www@Enter-QA@Com
By U!.S!. law, ORIGINAL works of art or brands are automatically copyrighted or trademarked by the user upon creation and implementation into a permanent form (such as on paper or on a computer hard drive)!. There are two important issues for clarification, though:
1!. Defining ORIGINAL - your work must be ORIGINAL and somewhat unique!. If your band is called "The Rock Band" or something like that, then you may have originality issues!. On the other hand, if you name it something, "The Frakkin' Caterpillar Turds" then your brand is probably pretty original!.
2!. Enforcing brand trademark - protecting your brand is YOUR responsibility!. The government will not sue violators on your behalf, you have to hire the legal help to do it!. There are some things you can to better protect your brand, though:
a!. Include a TM symbol next to your brand name (you don't have to register with the U!.S!. Patent Office to do this, though this is recommended, see below)!. This at least lets others know that you're protecting your brand and may deter theft!.
b!. Register with the U!.S!. Patent Office!. This checks the originality of your work, checks to make sure no one else has already thought of it and used it, and it establishes with the government that you have created this brand name and own it!.
3!. Limits of Trademark protection - depending on the popularity of your music band, you may or may not be able to protect it from other industries!. For instance, if your band operates in Nevada, and someone in New York made a candy that they wanted to call "Caterpillar Turds" because that is a different industry, you may not be able to sue them, unless you can demonstrate that advertisements for that candy are somehow competitive with advertisements for your band!.
To learn more about trademarking and copyright, I'd recommend that you visit the US Patent and Trademark Office (USPTO)!. See links below!. You can register a trademark there, but be warned, it can take some time (and a little money) for them to review it, but it may be time and money well invested!.
EDIT: just to clarify, you don't HAVE to register with the USPTO to have a trademark!. You could theoretically use officially dated (e!.g!., notarized, post-marked) materials that show you used the brand to prove the timeline of ownership!. But USPTO registration is probably the strongest form of protection!.Www@Enter-QA@Com
1!. Defining ORIGINAL - your work must be ORIGINAL and somewhat unique!. If your band is called "The Rock Band" or something like that, then you may have originality issues!. On the other hand, if you name it something, "The Frakkin' Caterpillar Turds" then your brand is probably pretty original!.
2!. Enforcing brand trademark - protecting your brand is YOUR responsibility!. The government will not sue violators on your behalf, you have to hire the legal help to do it!. There are some things you can to better protect your brand, though:
a!. Include a TM symbol next to your brand name (you don't have to register with the U!.S!. Patent Office to do this, though this is recommended, see below)!. This at least lets others know that you're protecting your brand and may deter theft!.
b!. Register with the U!.S!. Patent Office!. This checks the originality of your work, checks to make sure no one else has already thought of it and used it, and it establishes with the government that you have created this brand name and own it!.
3!. Limits of Trademark protection - depending on the popularity of your music band, you may or may not be able to protect it from other industries!. For instance, if your band operates in Nevada, and someone in New York made a candy that they wanted to call "Caterpillar Turds" because that is a different industry, you may not be able to sue them, unless you can demonstrate that advertisements for that candy are somehow competitive with advertisements for your band!.
To learn more about trademarking and copyright, I'd recommend that you visit the US Patent and Trademark Office (USPTO)!. See links below!. You can register a trademark there, but be warned, it can take some time (and a little money) for them to review it, but it may be time and money well invested!.
EDIT: just to clarify, you don't HAVE to register with the USPTO to have a trademark!. You could theoretically use officially dated (e!.g!., notarized, post-marked) materials that show you used the brand to prove the timeline of ownership!. But USPTO registration is probably the strongest form of protection!.Www@Enter-QA@Com
you need to copyright it!. that is about the only legal way someone can't take your name!. there is an accordion band called Slipknot but since they didn't copyright it there is a metal band by that name now!. same with kiss, other band had the name but didn't copyright it!.Www@Enter-QA@Com
You could register it as a trademark on the internet, but it doesn't matter if a band takes it, there are multiple bands using the same names like F!.A!.T!.E!. and Impending doom!.Www@Enter-QA@Com