Members hubb Posted August 9, 2002 Members Share Posted August 9, 2002 is this possible and how do you do it? is it just like anything else.i've seen the band name registers on the internet but are they official, do they actaully copyright them when they register with them. wouldn't the first band to get signed have the rights to the name? Link to comment Share on other sites More sharing options...
Members 6am eternal Posted August 9, 2002 Members Share Posted August 9, 2002 No, but you can trademark it. Trademark laws are very complicated though. Just because you register a trademark doesn't give you any right to the name. For example, if I have a band "The Mofos" and hire a lawyer to trademark the name, but I'm just rehearsing and not giggin out yet, just rehearsing and getting ready, and like one year later, you decide all of a sudden to name your band "The Mofos" and go out, gig, sell T-shirts, CDs, place ads in the newspapers and so on, I have no right on the name anymore. You were the first to actually use it, and that's what counts. Also, geography is important: you can be huge in L.A. but unheard of in NY. In that case you'd own the trademark in L.A. but not in NY. See what I mean? The best way to protect your trademark is to use the name: sell, promote, anything that could prove in court that this name has a value for your business. I'm not sure how I stumbled upon it but I just found this in my bookmarks: hope it'll help: http://www.hitme.net/useful/ Good luck! Link to comment Share on other sites More sharing options...
Members Greenshoe Posted August 9, 2002 Members Share Posted August 9, 2002 As someone who is responsible for trademark registrations in my day job, 6am Eternal is basically right - except that copyright and trademarks are governed by federal laws, not a state - so as long as you have proven that you're using the trademark in LA, you're trademark is protected throughout the US. Let's say your band's name is "Mofo" to stick with 6am's example. Here's the process: 1) TRADEMARK SEARCH - Do a trademark search (lots of online legal resources, just google, or ask a lawyer) for "Mofo". This is just to make sure that no one else has registered your band name. 2) USAGE OF TRADEMARK - If "Mofo" is already trademarked, find out what it's for. Trademark registrations have a description, or STATEMENT OF USE. Even if "Mofo" has been trademarked, you can still register it as your band's name, as long as there is no confusion of the usage/context of the trademark. For example, if a company has trademarked "Mofo" for their line of vacuum cleaners, you can probably still use it for a band. The grey area is if the "Mofo" trademark has be registered for something entertainment/arts/media-related (i.e. TV show, etc.) - the trademark owner will argue that your "Mofo" could be confused with their trademark. This really depends on how narrowly defined their trademark definition is (and usually they're very broad), and can end up narrowing the definition of your trademark and usage rights. 3) FILING OF REGISTRATION - After doing your search and they're no conflicts, you can file for registration of the trademark. It's essentially a form that you fill out (download them from the US Copyright Office). Pay the filing fee. This can take a couple months to process. You will then get a registration number for your trademark. Though you now own the trademark, you will have very little protection over it until you file a statement of use. 4) STATEMENT OF USE - Once the filing has been approved, you will have to file a statement of use, which essentially is a form plus supporting documentation (i.e. a CD, posters, flyers, ticket stubs, etc.) that shows evidence you are using the band's name in a public forum. Sometimes getting any documentation can take time - your album release delayed, can't get gigs, etc. Since there is a deadline to file a statement of use before you lose the registration, you can file for an extension on your registration until you have enough evidence to submit a Statement of Use. 5) ENFORCEMENT - Once you've filed a statement of use, you'll get a confirmation that confirms you've officially registered your trademark. However, YOU'RE NOT DONE. Just as important, is enforcement. If you find out that someone else is using your band's name down the road (and many times it's out of ignorance, not malice), you have to protect your trademark by starting nice (a phone call telling them about your trademark), then if that doesn't work a Cease and Desist (a written "if you don't cease, we will sue you") to in the worst case a litigation. The reason why you need to do this is that it sets a legal precedent - if you drop the ball on this and don't follow through, you'll have a much weaker case with future trademark disputes. 6) TERM - I'm not 100% sure on this, but I think trademarks are good for 50 years, I think the same time period as copyrights. Anyhow, hope this helps. You now owe me $200-300 for my time Link to comment Share on other sites More sharing options...
Members Scheming Demon Posted August 9, 2002 Members Share Posted August 9, 2002 Great post and response Greenshoe! Link to comment Share on other sites More sharing options...
Members StratKat Posted August 11, 2002 Members Share Posted August 11, 2002 Hey greenshoe! we are talking about trademarks as a name, but are the fancy logos of companies part of that too? Link to comment Share on other sites More sharing options...
Members Greenshoe Posted August 13, 2002 Members Share Posted August 13, 2002 Originally posted by StratKat Hey greenshoe!we are talking about trademarks as a name, but are the fancy logos of companies part of that too? Yes. Logos are part of that too, as long as you submit it. Link to comment Share on other sites More sharing options...
Members StratKat Posted August 13, 2002 Members Share Posted August 13, 2002 Thanks. Link to comment Share on other sites More sharing options...
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