Trademarks and Servicemarks
Band names are the symbols by which the public comes to know of a band's music
and are the primary means by which a band markets its phonorecords, tee shirts,
etc. Thus as a group becomes popular, and known to the public (even on a local level),
it is important that the band registers and protects its band name as trademark
and/or servicemark with the United States Patent and Trademark Office. While
Trademark/servicemark registration can be obtained at the state level, protection
is better afforded by registration at the federal level.
Band members should also clearly agree about who owns the legal rights in and to
the band's names. Information, and forms necessary to record trademarks/servicemarks,
can be obtained from The
United States Patent and Trademark Office.
You can now do a preliminary
search to find out if anyone has a pending or registered trademark for the
name you seek to use.
For a good overall reference to trademark material on the web,
visit All About Trademarks From Gregory
H. Guillot. In addition to trademark information, this site also has numerous
links for other intellectual property right topics.
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