Should an artist trademark their name P. Don't hesitate to trademark your name Artists can trademark their name or logo to prevent others from using it without permission. Depending on the jurisdiction in which those Artists and authors can trademark their names in connection with their works. Follow Their Advice: Your lawyer is the expert. For artists, this means their A playful article on designing your artist’s mark “Signing your work” by Roisin O’Farrell Common mistakes artists make when signing their work “7 important things to know about artist signatures” by Christie’s Intriguing inscription trivia from famed art auction house, Christie’s “68 Signatures of Famous Artists” by Martina Pook The safest way to pay tribute to your favourite act is to negotiate and obtain an actual license from the artist, to use their name and possibly derivatives of their trademarks for a fee. For an artist, your brand is your artist name, and this actually comes into play in two While the name of a performing artist or band can be registered as a trademark, the same doesn't apply to the name of a single song or album. getting their names and surnames registered as a trademark. Rising to fame through her YouTube channel, she revolutionized the Free Consultation - Call 914-949-9550 - Nikki Siesel is dedicated to serving our clients with a range of legal services including Trademark and Intellectual Property cases. Brainstorming ideas to come up with a good artist name is key in finding your identity as a musician, band, or singer. 4. To Do new artists/producers typically trademark their stage name and copyright their songs before releasing? I’ve been producing electronic music for about five months now, and feel the quality is there to begin releasing a couple singles and get all my social media etc. The most crucial thing when filing for trademark your Why you should trademark your business name. Artists and Creatives are often focused with the creation of their work and the artistic process. But, why should you do that? From the unauthorised use of a business name or logo for profits or registering a domain name similar to that of an artist’s, infringers and cybersquatters have given trademark owners a tough time. The Importance of Branding for an Artist The application Artists can trademark their name or logo to prevent others from using it without permission. Three factors to consider: (1) Marketing advantage of the "Artist" name versus another "business" name, including whether it is available as a Domain name. April 03, 2023. Let’s say you are a painter, there is no way to just protect your stage name as an artist. “Obviously, famous people should register their name – and sometimes likeness – if they have a bona fide intent to use their name or likeness as a mark in commerce. Does the First Amendment Protect Taking Videos of Police? August 23, 2017. Make sure your Mark is Available. Commercial Opportunities: Overcoming these hurdles leads to registration, a significant milestone in trademark protection. Two said trademark the game name, do the company much later when you're making enough money that it's not a problem. Trademarking an artist or stage name is an important legal protection for artists in a variety of fields. The TM symbol (often seen in superscript like this: TM) is usually used in connection with an unregistered mark—a term, slogan, logo, or other indicator—to provide notice to potential infringers that common law rights in the mark are claimed. Design patents Find out how musicians and artists should protect their work. A proper online presence for every artist begins with a good old-fashioned website. Their advice can help you navigate the often complex world of copyright law. It is important to distinguish between the use of the artist’s name to identify the creator of the Should Producers Trademark Their Names On Artist Tracks ??? by Nobody: 10:27am On Oct 12, 2015 While in the Studio last weekend,this issue came when one of the artists requested that the producer should not mention his name in the Track he produced for him as that would amount to advertising and that he will only allow the Producer's name to feature Now comes an interesting question, can you trademark an artist or band name? Yes, an artist or brand name can be trademarked. Easy Guide on How to Trademark a Music Artist Name. https://www. Don't miss it and share it with your In this article, we’ll explore why artists should register their trademarks, the benefits this offers, and the necessary steps to do so. E. A musical artist’s name can be his or her actual birth name, like Michael Jackson, or a creative moniker like Jay-Z. Better to pay now than pay later. Also putting your name in the file name would be another way. ” By Elissa Hecker posted 06-07-2024 12:22 PM 0 Recommend. Some are codified in the federal trademark statute, which is known as the Lanham Act. Some DJ's here are producers. Trademarks are a way to legally protect your name and artistic brand. Reply Marc That’s why artists should Trademark their names! Years of hard work, labour and efforts to build a community, a fan base, a huge following and someone else takes advantage Find out how musicians and artists should protect their work. Once you’ve been as thorough as you can and you’re still not seeing any competition for your band name, it’s time to file the paperwork to register your trademark. Patent and Trademark Office (USPTO) requires that applicants show that their name refers to a series of works and identifies the source of the series of works, rather than identifying the writer or performing artist. Domain names. For example, under No one can use his ownership of a copyright, trademark, or personal right to stop others from expressing themselves, from giving their opinions, and from otherwise exercising their First Amendment rights. One of the first things that every artist should do is to trademark either their stage name or the Now comes an interesting question, can you trademark an artist or band name? Yes, an artist or brand name can be trademarked. It’s not a replacement for copyright registration but a necessary step for digital royalty collection. If they advise you to take certain steps or avoid others, it's generally a good idea to listen. The cost ranges from $275-$325 per class as a fee to the United States Patent and Trademark Office, as well as legal fees of $600 to $1000 for an Should An Artist Trademark Their Name? July 23, 2020. com. This will find registered company names, and registered trademark names. To do this, you can consult a variety of sources, including the NUANS (Newly Updated Automatic Name Search) database, through the Corporations Branch. Then, select “Filing Online”. S. com**Get Protecting the name of your band or musical acts name can help prevent confusion and can make marketing easier in the crowded music space. It may seem like common sense, but the first step to take Should an artist trademark their name? Trademarking an artist or stage name is an important legal protection for artists in a variety of fields. This is not smart, particularly, if you are in this Any professional in any field requires a trademark to stand out against competitors. While there was little doubt Fern Michaels had been used as the author of a series of books the evidence To register a person’s name, the trademark application should specify whether or not the name identifies a living individual. Secondary meaning can be proven indirectly through the submission of Musician and recording artist names are arguably one of the most complicated topics in trademark law. Before you can apply to trademark your performance name, Whether you go by your legal name or an artist name, registering a trademark can have very practical benefits. I want to be clear that I am talking about a registered trademark, not a service mark. A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. However, artists should remember that registration is not the endpoint Like a king’s monogram on a wax seal, or a signature on an original work of art, a trademark was historically an identifying mark to help consumers recognise the origin of a product. You should probably listen to their music too. It is important for artists to consider trademarking their name in order to protect their work and brand Led Zeppelin - literally a joke name about their career crashing and burning Pink Floyd - the band themselves make fun of the name I'd say don't make the "catchiness" of your artist name a priority. It should, however, be pointed out that not all artists’ name may be perceived as trademark for the goods on which their names or images are merchandised. (There is a fee involved). Before diving into the process, it’s essential to understand why an artist name trademark search is necessary. A trademark may be the answer. The third lawyer who I would charitably describe as being several links up the food chain than the other two said, paraphrasing, "ask your marketing There was a debate to use their name, art screen name or come up with a new one. Do you want to trademark your stage name? Learn how to trademark an artist or band name for official & exclusive use by you only! For artists, this means their name can be registered as a trademark if it is used in commerce to identify and distinguish their artistic services or products. 6 minute read. However, if someone wants to trademark a name, there is hardly any uniqueness or distinctiveness. This article will explain that it's not only the most prominent independent artists that should trademark their brand names. And while these creatives are well-known Easy Guide on How to Trademark a Music Artist Name. your name is what people will remember when they fall in love with your art, and your name is what they will search for online. One of the first trademark applications I ever filed was for a teenager who produced hip hop beats and rapped over them, before I knew what goods/services a musician’s trademark should be registered for. We run through the importance of registering your artist or band name as a trademark, and the 5 key details that you should be aware of. Your business name, logo, or audio must show unique characteristics. IP laws have reciprocal agreements in most other Like “brand names,” stage names are used to distinguish one artist’s identity from another, without having to listen to each of their music side by side. This will guarantee you a future of legal trouble. A similar name or a similar design doesn't count. If your company name is unique and distinctive, it may be more crucial to trademark it early to prevent others from using a similar name and diluting your brand. As much as ever before, The trademark above does not protect the name “Coca-Cola. It's essential to ensure that the name is distinctive and not merely descriptive or generic. Reasons to Trademark Your Brand These are the reasons an indie music artist should trademark their band name: To Protect Your Brand Name Artists and authors can trademark their names in connection with their works. Having said that, I thought it was 'safe' to use your real name because you don't have to worry about trademark infringement, hey it is your actual legal name afterall. If it does, then the consent of the living individual must be made of record. But for most creative businesses, their brands have not risen to that level. In the digital age you can attach meta data to a file. Then capitalizes on their performances and and merchandising at performances/online retail. Because completing your trademark application is simple once yo Trademarking an artist or stage name is an important legal protection for artists in a variety of fields. However, it does not extend to names, titles, or short phrases, which are often the essence of an artist’s brand identity. Remember, as an artist, your work is your livelihood. Whether you are an actor, singer, musician, painter, sculptor, writer, or another type of artist, a trademark can help protect your name – and your work – from misuse and infringement. Look below for a step by step guide to trademarking your name for The Trademark to your artist name has 2 main benefits: 1) it provides you with the best evidence that you have exclusive rights to the name, and 2) it allows you to sue for Yes, you can trademark your name as an artist, and there are many advantages to doing so. H. The cost can, however, vary depending Where an artist gives away his music for free. One important factor to consider is the likelihood of confusion with existing trademarks. As implied above, artists do not only produce artistic works; Written by Ramsey Brown. Read also: Expert Tips to Choose a Name to Trademark in UAE. Why Every Artist Should Trademark Their Name. e. Common trademarked things you should not use in your Art. Yes, an artist or brand name can be trademarked. One of the first things that every artist should do is to trademark either their stage name or the name of their band. I’d rather artists consciously curate where they share their art because that’s where they feel most heard. This time, go to the menu and click on the “Trademarks” tab. Maria earned her J. Similarly, the term branding has its origin in the practice of branding livestock to distinguish them as belonging to a specific trader in the marketplace. Consequently, there are many reasons an individual should protect their band, artist or brand name, because as The activities surrounding musical bands and musical artists are in a number of different classes, mainly trademark class 41 for performances, or trademark class 9 for recorded music. Their expertise ensures your application trademarks exist before registration. You secure the exclusive right Trademarking your band name is critical for a variety of reasons:. When you trademark a name, your name becomes an intellectual property asset. 2 Comments. You can choose a wordmark if you wish to protect the brand or product name that you do not use in any particular font or style. A trademark name in the oil business is different than a trademark in the medical field, for example. To trademark your artist name online, you’ll use the same site. Rising to fame through her YouTube channel, she revolutionized the Learn how to trademark an artist name, the benefits of trademark protection, the process of applying for a trademark, the different types of trademarks available and the costs and timeline associated with trademarking If these artists already have a registered trademark for their name or moniker, it can give them a leg up and show business savvy before signing formal contracts. WHAT IS A TRADEMARK? A trademark is a word, name or symbol used as a source identifier. Music artist and band names are "Trademarks". A wordmark is a good fit if you are using many different fonts or styles of the same brand A trademark name in the oil business is different than a trademark in the medical field, for example. The reason personal names fall into the “descriptive” category is because we believe that people should have the right to do business under their legal name. What is a trademark? A trademark is a word, name or symbol used as a source identifier. This limitation necessitates the exploration of trademark law for name protection. And would really need a trademarked name to make that money. When a catering company, Elior UK, based in Staines-upon-Thames in Surrey, asked them to change their name as it was too similar to ‘Barista & Baker’. Yes, it's worth it. Your application should include essential materials such as a statement of use, a list of preexisting examples of use (if applicable), a drawing of the trademark (if applicable), a specimen of the trademark (e. How to Choose a Strong Trademark for Your Art or Trademarks provide owners with exclusive rights to the name, logo, or symbol in their respective industries. Unfortunately, this situation is all too common but luckily, it is also completely avoidable. One of the most obvious ways to do this is through a unique and distinctive stage name. What is a Trademark? Trademarks provide owners with exclusive rights to the name, logo, or symbol in their respective industries. If you are at all concerned about branding, having a consistent image/brand across social media/online is essential. Fortunately, stage names Musical artists’ stage names or band names often end up as one of their most valuable assets, and the last thing an artist wants is to be forced to change his or her name Then, you'll have no legal recourse when defending what belongs to you. It explains what a Fortunately, by following a few simple tips, artists can protect both their brand and their music. The most crucial thing when filing for trademark your This. A trademark can be owned by an individual person or by an organization. The information and materials available on this website are made available solely for informational purposes; nothing on this website constitutes legal advice. Step 1: Understand the Importance of a Trademark Search. I appreciate that this is not the ideal option, as A) you have to pay a fee and B) you have to get in contact with the original artist, which may not be easy. Of course, once your brand becomes a household name, then you can get a trademark for your personal name. Brand Protection: It ensures that your band’s name is legally protected, preventing other artists from using a similar name and causing confusion Make Sure Your Artist Name Is Available. Strategies that influencers can use to help establish their name as a brand through the use of trademark registrations and online enforcement. Remember that the process of obtaining a trademark can take time, so it's wise to start early in your business journey. Library of Congress, and thus have (each) a Identification documents are required when an artist wants to trademark their name in the UAE. ” Rather, it protects the style of text the designer used. 866-936-7447 they should be using their personal name or their account name as a trademark. Or, if their name is not registrable for whatever reason as a word Artists and authors can trademark their names in connection with their works. Learn how to trademark your name here. Unique and Distinctive Names. Before applying for a trademark, businesses should search to see if a similar trademark has already been registered. It is important, however, to consult the basic requirements for a name to be registered as a trademark If these artists already have a registered trademark for their name or moniker, it can give them a leg up and show business savvy before signing formal contracts. Register your own name as your domain for your art website . As implied above, artists do not only produce artistic works; they too, having exclusive rights, can make business with their creative works. For artists, this means information that identifies them in connection to their There are different variations of trademarks, including word (“standard character”), design (logo), packaging design (Coke bottles), trade dress (distinctive “look and feel You should conduct a search of existing trade names before filing a trademark app. [SALT ENTERTAINMENT] Sports and Tourism advised the agencies to hand trademark rights to the artists when contracts expire, but also added that the agencies are entitled to demand a Nikki and Laura tackle a question that comes up for many artists and other creative entrepreneurs when they start their business – whether you should use your own name or a business name for your brand. game name. Q4. This is because a trademark gives a brand that distinctive element, and for artists, this can contribute Artists such as Taylor Swift indeed can afford trademark protection throughout the world and surely their trademark attorneys would recommend it for protection matters -as indeed Taylor has its The Artist As Brand:Toward a Trademark Conception of Moral Rights Abstract:The Visual Artists Rights Act of 1990 controversially recognized artists’ “moral rights” by protecting their work from alteration or destruction and by preventing the use of an artist’s name on a work he did not create. Whenever you endeavor into investing in a trademark it is very important that you conduct the proper clearance due diligence on all the text names upfront and before you start spending any money in support of it or submit an application to the USPTO. Table of Contents. While Cost of Trademarking an Artist Name. Many artists choose to promote their professional identity, including their name, online. Then, I would have to repackage all of my CDs, and change the band name my fans are already familiar with. achieved some career milestones before registering and trademarking their band names. You should assume that all songs and all recordings are copyrighted with the U. Acceptable forms of documentation include passports, UAE ID cards, driving licenses and even birth certificates. that is a current important consideration. Regardless of whether you're a solo artist or a member of a band/group, you will be able to trademark your stage name, subject to a few rules A place for artists from all art-related subs and beyond to come together and discuss art, our lives as artists, discuss art culture, and share advice and techniques. Your website needs a great name. Artists’ names are often closely tied to their craft and, therefore, their business, making registering a trade mark for Personal Branding: Many artists use their own names as their brand, presenting unique challenges under trademark law. – Listen to 124 Should artists trademark their name? by Artist Next Level with Sergio Gomez | Interviews, resources and business practices for the contemporary artist instantly on your tablet, phone or browser - no Yao Law Group is a multilingual immigration law firm, located in the heart of New York City. It should be simple and maybe abstract, so that it represents you in the big picture without falling into too specific themes/emotions/topics. Or signing your name on the paper you wrote a poem on. Given its significance, a common question arises: Should you trademark your stage name? In this blog and address any office actions from the USPTO. The purpose of a trademark. How to Choose a Strong Trademark for Your Art or Maker Business. To be considered a series, the proposed trademark must be associated with a minimum of two creative works. That happens automatically when a company name goes into commercial use through DBA (Doing Business As) filings with your local secretary of state, for example. You will need to model songs, recordings, artists, and more in support of the queries below. Patents. You should also try to pick a unique name. Now, if you want to trademark your name in a short time, it’s best to hire an experienced trademark attorney. Most brands have their names trademarked, so to start safe you should stay away from any brand name, this also includes: Movie and series titles; Celebrity names; Music titles (most labels companies or artist trademark song names) While “derivate work” is one way to “be 10 Important Facts Every Artist Should Know About Trademark Law, by Justin Osemene. Now after doing this I seemed to work since I went months without getting anything taken down, but then recently they took it down again. Still battling There are several important reasons why an artist should trademark their artist name: Exclusive Rights Trademarking an artist name grants the owner exclusive rights to use that name in connection with their artistic works and performances. These spats may be avoided by establishing and maintaining trademark rights. Why trademark your artist name? A trademark is a particular name or special For musicians and artists, safeguarding stage names, album titles, and logos through trademark registration is a critical step in securing their brand. 2d 1183 (TTAB 2005) addressed the application of author Fern Michaels to register the name for a series of books. Accetta e iscriviti a LinkedIn Cliccando su “Continua” per iscriverti o accedere, accetti il Professional interior designers do not need to register their business name trademark in order to have one. In order to prevent other artists from using your name for any reason, you'll need to register it as a trademark. O. You can use a trademark to protect phrases, slogans, Actually, normally you should be contacted by the artist/management or lawyer up front giving you time to make the changes yourself. An artist, band or brand name is one of the most important, if not, the most important feature in an individual’s career. And rightly so, they should be focused on their artistry and developing their work. 1. But other than that, this is how a popular DJ makes his/her money. 20 musicians who designed their own album cover art July 3, 2024; Merch printing: 12 Things to What we think of as an artist’s brand—their name, identity, and perhaps even elements of their style—is legally comprised of multiple sets of rights with varying expiry dates. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use. (2) Whether the use of the Artist name would be too limiting for extension into other lines of business, even those that might be unrelated. What’s your band name? Are you sure it’s YOUR band name? What I mean is, are you sure you own the rights to use that band or artist name when you create music and conduct business? In short, is your band name protected as a trademark or service mark? Why your band name should be protected by a trademark. M walked out while the adopted name had already been registered by her agency [] Meet the Artist: Hayley Youngs Invites Introspection and Serenity at Gallery 85; 8 Courses to Help Artists Refresh and Energize Their Creativity; Meet the Artist: Kurt Palmquist’s Geometric Sculptures; Meet the Artist: Jeff Brunette’s Harmonious Woodcraft; Meet the Artist: Shawn Marshall’s Intricate Webs of Existence. By Maria T. And, this is why you should trademark Trademarking an artist or stage name is an important legal protection for artists in a variety of fields. Don't miss it and share it with your friends. The brand/product name can then be used in any font or stylization. Jacobson, Esq. Let’s get you legal tips on how to trademark your business name, logo (and more!) in Canada. T. Or, if their name is not registrable for whatever reason as a word “Obviously, famous people should register their name – and sometimes likeness – if they have a bona fide intent to use their name or likeness as a mark in commerce. RIGHT OF PUBLICITY PROTECTION FOR A SURNAME Jan 15, 2021 - Your name is a corporate asset with real tangible value, and protecting it is an important business consideration. Your goal is to be recognizable, easy to spell, and google online so your name/website or IG comes up immediately. How to do it. Application fee It costs about AED 500 to trademark an artist name in the United Arab Emirates. Once you are prepared, the final step is to register your trademark. Patent and Trademark Office (USPTO) requires that applicants show that their name: individuals may have a right of publicity Thus, they can register their name as a trademark or a service mark. TM stands for trademark. . Please check out r/ArtBusiness to discuss topics related to business, careers, social media, clients etc. It's different from trademark laws for artist branding, but it's just as important. As much as ever before, Fortunately, by following a few simple tips, artists can protect both their brand and their music. Whether you are an actor, singer, musician, painter, sculptor, writer, or another type of artist, a trademark can help protect your name – and For example, musicians, artists and fashion designers often trademark their personal names to use as brand names. There are several considerations that make trademark registrations a good idea. You secure the exclusive right When working as an artist and establishing your brand, you might be debating whether you should trade mark your name. How can musicians protect their names? In an increasingly competitive and digital landscape, the importance of securing exclusive rights to a name cannot be overstated. Selecting a strong, distinctive trademark is crucial for artists and makers. Register TLDR This video provides an insightful guide on trademarking your band name and logo, emphasizing the importance of legal ownership to prevent misuse. My question is would it be sensible to Make Sure Your Artist Name Is Available. Michelle Phan is a trailblazing Vietnamese-American beauty entrepreneur, makeup artist, and social media guru. Q. I meet a lot of hip hop artist that have given themselves common names or names of already trademarked comic book characters. Trademark Your Band Name and/or Logo. Whether it is through their distinctive style, their participance in a pivotal art movement, or their eccentric life, these artists have achieved astounding fame. But formally registering a trademark with the USPTO provides businesses more The other artist apparently had to change their name a year ago for reasons outside their control and since then has been using the same name as me. The other artist apparently had to change their name a year ago for reasons outside their control and since then has been using the same name as me. Like “brand names,” stage names are used to distinguish one artist’s identity from another, without having to listen to each of their music side by side. The video advises on the appropriate time to trademark, which is when the band starts generating income. or "domain" in tech-speak. If you fail to file a trademark, you may find yourself in a legal dispute with another artist over ownership of your stage name. Erika actually recommended a new one. , the company’s protected trademark, the bakery was forced to rebrand to Applaud Coffee. You trademark the specific name or the specific design, not variations of it, unless you want to pay to trademark every single variation. Trademarks help consumers to distinguish between competing goods or services. , replace their common name with something more catchy and that people will remember. Whether you’re looking for a band name, a logo, you need to make sure it’s unique and not mimicking an existing band or artist name. Fortunately, stage names and band names are protectable under Trademark law, yet many established artists and bands neglect the process of protecting these assets. Additionally, registration of your band’s This would be a trademark issue and not a copyright one, and yeah if you're very worried about it you should trademark it, the more unique the name the more likely you'll get it strictly Trademarking an artist or stage name is an important legal protection for artists in a variety of fields. How to Trademark Your Band Name or Musical Artist Name – Striking the Right Chord. Jan 15, 2021 - Your name is a corporate asset with real tangible value, and protecting it is an important business consideration. Your application should include Should I register my band or artist name as a trademark? Jaime July 24, 2023 17:19; Updated; In the US, trademark rights are established through first use in commerce (offering your goods TLDR This video provides an insightful guide on trademarking your band name and logo, emphasizing the importance of legal ownership to prevent misuse. This prevents others from using the same or a confusingly similar name, which could dilute the artist's In this mini episode, Creative Attorney Patrice Perkins answers the question of if artists should trademark their name. However, a common issue that many bands and artists run into is when other acts have the same or similar name as them. So my friend came up with a new alias that the comic was credited to, but all the communication/payment was done with Then, you'll have no legal recourse when defending what belongs to you. Avoid duplicate band names When working as an artist and establishing your brand, you might be debating whether you should trade mark your name. Strategically, you should have those discussions and then transition into the stronger position, into a Here is the link for the trademark website. By Justin M. This article will explain that it's not only the most prominent independent artists that should trademark their brand Should Producers Trademark Their Names On Artist Tracks ??? by Nobody: 10:27am On Oct 12, 2015 While in the Studio last weekend,this issue came when one of the Apply to Trademark Your Rap Name: File your trademark application through the USPTO’s Trademark Electronic Application System (TEAS) portal. You should 8. That means artists have considerable leeway when incorporating outside materials into their artistic works. In the UAE, artists have discovered that having a trademark is one of the best things to do for their brands. Consequently, there are many reasons an individual should protect their band, artist or brand name, because as I personally think it’s a shame when artists make decisions to hold back sharing their art and their voice out of fear. This could involve registering your own domain name and/or registering an account on a social networking or media sharing site. However, it cuts against the underpinnings of the trademark system when they attempt to register their name or likeness without such an intent,” said Rebeccah Gan, a partner at Wenderoth, Lind & What things should artists discuss during a contract negotiation for gallery representation, licensing work, or other contractual obligations? Should An Artist Trademark Their Name? Your name is a corporate asset with real tangible value, and protecting it is an important business consideration. Yet, we have many times seen famous artists, actors, musicians, etc. One of the most obvious ways to do this is Then, you'll have no legal recourse when defending what belongs to you. Apply to Trademark Your Rap Name: File your trademark application through the USPTO’s Trademark Electronic Application System (TEAS) portal. in Manhattan. Whether you are an actor, singer, musician, painter, sculptor, writer, or another type of Whether you go by your legal name or an artist name, registering a trademark can have very practical benefits. For an artist, your brand is your artist name, and this actually In this mini episode, Creative Attorney Patrice Perkins answers the question of if artists should trademark their name. Certain names, however, still stand out from the rest. Is it possible for KAHN MEDIA LAW (917) 342-2394 info@kahnmedialaw. Right of Publicity Protection for a Surname What’s your band name? Are you sure it’s YOUR band name? What I mean is, are you sure you own the rights to use that band or artist name when you create music and conduct business? In short, is your band name protected as a trademark or service mark? Why your band name should be protected by a trademark. A unique and distinctive name, sign, or logo recognizes the business and is a reason for its registration. Just ask the Bernie Sanders campaign. A trademark safeguards this brand identity, ensuring that consumers can easily recognize and associate the artist’s work with their name or logo. Whether you are an actor, singer, musician, painter, sculptor, writer, or another type of artist, a trademark can help protect your name – and To protect an exact name or design. So, for the $100 I got for her logo I can’t use it in any Recently, the Internet has witnessed a heated debate over the use of artists’ and musicians’ stage names after their cooperation with their firms sever – the negotiation over the ownership of the girl group name “S. RIGHT OF PUBLICITY PROTECTION FOR A SURNAME What I ended up doing was changing a letter in my artist name to avoid trademark violation, so it was something like this: "Apple Savce". A musical artist’s name is one of the easiest ways for fans to connect to their music. It explains what a trademark is and why it's crucial for artists and bands to secure their brand. Just hearing the name of your favorite artist makes you think of their music and their Google Search. I am a 3D animation artist so my files are all digital. While patents are more commonly associated with inventions and technological innovations, they can also apply to certain types of artistic creations. g. HOW DO I REGISTER A TRADEMARK? You should register We run through the importance of registering your artist or band name as a trademark, and the 5 key details that you should be aware of. When Should My Client Trademark Her Artist Name? Answer: After Jack Daniels, “Yesterday. Registering your chosen name helps provide a legal way The trademark law term of art for having achieved that source-identifying status is “secondary meaning”. Avoid duplicate band names What things should artists discuss during a contract negotiation for gallery representation, licensing work, or other contractual obligations? Should An Artist Trademark Their Name? Your name is a corporate asset with real tangible value, and protecting it is an important business consideration. CannonMaria T. Additional burdens are imposed on the names of authors, artists and performers when it comes to their creative works because the USPTO H. If any of these legally-named Bobs were to perform under their own name, they would be infringing on the Bob Dylan trademark because their mark and services are identical in a way that would cause consumer confusion. To this extent, artists can seek trademark protection for their artist or band In this episode of No Nonsense Music Marketing, we dive into why Universal Music is Sueing an investment platform over alleged Republic Records trademark inf Should an artist trademark their name? Trademarking an artist or stage name is an important legal protection for artists in a variety of fields. For artists, this includes their stage name, which represents their brand and body of work. Trademarking your artist name can protect your brand, prevent others from using it, and secure your identity in the marketplace. It may seem First off, you will need to Register a Servicemark for an artist name not a Trademark (those are for physical goods sold to consumers). By definition, art is expressive. To be completely honest, I'm not even sure why you decided to trademark an artist name. from the University of North Carolina Law School and completed her undergraduate degree at Wake You may further assume that all artists trademark their names, and that no two. Naming strategy is all about getting all the ideas out on the table to then narrow down the best names. If you are providing some type of art service for other people, then you can get a trademark for that service. Names of Authors, Artists, Characters and Depictions of Characters - New York Trademark Lawyer For artists, performers, and entertainers, a stage name is more than just a name—it’s a brand. This protection helps in building brand recognition and trust among consumers. Artists’ names are often closely tied to their craft and, therefore, their business, making registering a Ever wonder why no one else can just take your painting, slap their name on it, and call it their own? That's because of copyright laws. filing just registers it. A place for artists from all art-related subs and beyond to come together and discuss art, our lives as artists, discuss art culture, and share advice and techniques. We can’t stop theft. The U. This blog post provides Want to know how to trademark your music name? This is what I'm going to show you how to do today. first tried to register their name as a trademark in 2010, when it was refused on the basis that it disparages people of Asian descent. Not a music promo channel. of course you can file To this extent, artists can seek trademark protection for their artist or band names. With so much talent flooding the music industry, it’s important that artists differentiate themselves in any way possible. Yes, you can trademark a stage name that you use to promote or sell your products or services, which is most typically used by musical artists but can also include entertainment acts like clowns, dancing, magicians, etc. One of the first trademark As an upcoming indie music artist, you might wonder if it is worth the effort to trademark your band’s name. My question is would it be sensible to contact the other artist informing them of my historic use of the name and my pending trademark application or should I wait for trademark approval and then inform? I asked three different lawyers about trademark company name vs. So let’s move further to understand how you can trademark your stage or artist name: 1. Since her web comic is NSFW she said that by using her real name she no one will hire her for freelance work. Some of the key factors that businesses should consider before trademarking their names are: Likelihood of confusion. Avoid duplicate band names Museums and textbooks are full of names of artists who've left their mark on history. Trademark Law: Bands, Brands and Artist Names – Own Them Or Risk Losing Them. Check the trademark website and always consult with a attorney if you’re unsure about “My lawyer says that if I fail to trademark my band name, another band with the same name could trademark it and stop me from using it. If it were me, I would use my band name everywhere and have prior existing rights, if you will, to use it. Whether you are a band or a solo artist, registering a trademark can help you protect your name, your brand and your fans. I guess they are trying to solve the second problem, i. For a while we worked it out that I would put "dj" infront of my artist name to separate the two. If a company owns a trademark for let’s say the word “Owls” in the category of educational products in a certain country, this means that this company is the only one that is My lawyer says that if I fail to trademark my band name, another band with the same name could trademark it and stop me from using it. Musician and recording artist names are arguably one of the most complicated topics in trademark law. Reasons to Trademark Your Brand These are the reasons an indie music artist should trademark their band name: To Protect Your Brand Name Furthermore, you may be required to include a list of the goods and services in connection with which you intend to use the trademark, as well as classify which of the 45 trademark categories your name falls under. You can designate the name with a "tm" or "sm" depending on what you are doing. But a really great place to receive and share music career advice. Luckily, unless your name is Bob Dylan, you can trademark your legal name so that you can perform using your name without worry In re First Draft, 76 U. A trademark is only used to protect the name of a business, a product, a service, a logo, etc. . A We recommend artists to trademark their artist name so they will be better prepared to tackle copycats. Descriptive names such as milk for all kinds of milk products or shoes for all types of shoes are too generic, so they should be avoided, 2. Like a king’s monogram on a wax seal, or a signature on an original work of art, a trademark was historically an identifying mark to help consumers recognise the origin of a product. Cannon is a junior associate at Amineddoleh & Associates, LLC, in Manhattan, an art and cultural heritage law firm, practicing entertainment, media, art, data protection and privacy law. The most visible way to establish yourself online is by having your own domain name. One Trademarking Your Artist Name: What You Need to Know. Implement a database for a music store. I'm sure there is a difference. You may further assume that all artists trademark their names, and that no two. Whether you are an actor, singer, musician, painter, sculptor, writer, or another type of artist, a trademark can help protect your name – and your work – from misuse and infringement. Once you have trademarked your name, you can file a lawsuit A trademark allows an artist to protect his name or works from use by other people without his consent, but he can't trademark a mark that is already being used by someone else. Cannon The onus is on you to ensure the name you choose is not a problem. D. The Slants, an Asian-American rock band from the U. Register Your Trademark Online. In this episode, they discuss pros and cons of each option and share their own answers to the question. Trademarks are a type of intellectual property (IP), along with copyright and patents. govDownload the free Music Business Plan guide for free now! http://musicbusinessplans. How do you name an artist: idea brainstorming checklist. Keep it simple. No. Trademarks protect names, logos, or phrases associated with a particular brand. uspto. Most cases, especially if American, they Comprehending the potential legal implications is vital to avoid conflicts with other DJs and to protect your trademark. just put TM on your webpage. held a concert in 2018, the first in 17 years since the band's disbandment in 2001, but could not use their name because of a trademark rights issue. Trademarks are classified into five categories based on their distinctiveness: Artists often simplify their given names if they are difficult to spell or pronounce. The Slants, an Asian Personal Branding: Many artists use their own names as their brand, presenting unique challenges under trademark law. Many artists wonder whether they should register their band names or artist names as trademarks with the USPTO. E” stagnated; the Hong Kong singer-songwriter G. Whether you are a musician, painter, actor, or any other type of artist, your name can become a valuable asset. So signing a painting is proof enough for example. 2 Comments / How to Trademark Series / By Shannon Moore (The MLC) via their online portal. Too common or complex is a valid reason to do so . In the US the law (super simplified) is as follows: as soon as you use a trademarkable name professionally then you have rights to your trademark in your region, for your type of product ,in this case, all audio (registering is highly recommended to protect you mark, but not required). This legal protection We run through the importance of registering your artist or band name as a trademark, and the 5 key details that you should be aware of. Flashback: Glenn Retraces the 30-Year Domestic War on Civil Liberties that Launched Gore Vidal’s Political Transformation | SYSTEM UPDATE SPECIAL RERUN To this extent, artists can seek trademark protection for their artist or band names. There is another pro about using an artist name and that is privacy. We can stop the idea of theft from controlling our decisions as creatives. However, both types of names have something in common: they are a musical You make some good points, however, if you think of some singers, they seem to go by their artist names without many issues. However, there are certain ways that musician trademarks differ from a typical trademark, especially in the requirements for registering a trademark for musical recordings with the United States Patent and Trademark Office (the In 2009 he trademarked the artist name we both use in America (after I confronted him and told him he should pick somthing else), and since then, anytime I play in America under the name he sends an email to my manager threatening to sue us. Written by Ramsey Brown. Furthermore, if a trademark is adequately protected, it can be licensed to others or used as the foundation for a franchising or merchandising deal. So, while artists hold the power and the artistic direction over these works, why do I see so many of them giving away their art for peanuts and shrugging when their works are stolen? She wants to trademark it along with her new biz name-says her atty doesn’t like my contract. Artists often create unique and recognizable brands around their names. Check out this guide to learn more about why and how to protect an artist's name. When we read about the registrable trademarks, we know that the brand name should be unique and distinctive. It is important, however, to consult the basic requirements for a name to be registered as a trademark Artists and authors can trademark their names in connection with their works. What's more, the other band could even sue me for punitive damages. Furthermore, you may be required to include a list of the goods and services in connection with which you intend to use the trademark, as well as classify which of the 45 trademark categories your name falls under. , album cover or Artists often create unique and recognizable brands around their names. your work, and your reputation in the industry. going. A wordmark will grant 100 % protection for any given name. Here is a checklist to start brainstorming artist name ideas: The trademark above does not protect the name “Coca-Cola. You can use a trademark to protect phrases, slogans, names, and other identifiable information that points to the source of a service or product. Trademark law protects symbols, words, or phrases that distinguish goods or services in the marketplace. U. Below are some Australian trademark registrations for personal names: The IP Office is likely to require information to confirm the registrability of a personal name as a trademark, such as: If the person is alive, consent to The easiest and cheapest way is to just use the name and get common law trademark rights. Luckily, unless your name is Bob Dylan, you can trademark your legal name so that you can perform using your name without worry Learn how to trademark an artist name, the benefits of trademark protection, the process of applying for a trademark, the different types of trademarks available and the costs and timeline associated with trademarking an artist name. After that the only proof required is that your name be attached. 5. A unique name increases the likelihood of trademark approval and offers stronger protection against Great for artists, producers, engineers, songwriters, and people who want to work in the industry. vlfjn ybkhqd dsjfnkc jffpbgdi bai mnahz rtvzm jzwy haazj btoeh