How do yo know if a band name is officially taken?

[JnBroadbent]

Of course many 'bands' will put up a website and myspace but won't have their band name officially copy written or whatever it takes. Is there any official way of finding this out?

[masterbuilt]

You cannot copyright a band name. You can copyright logo art.

 

You can register a "trade name" One example used by Library of Congress is the "Sun Oil Company" named "Sunoco". The trade-name law states that you have to be in business at least a year and the name has become synonymous with your image. That is a criteria that seems to have never been met in a musical act. So, it is just not done.

 

As for looking to see if your band name is already taken, google it, so to speak. Check MySpace. If you don't find it in either, it is safe to assume that you are free to use it. Even so, if you don't find it, keep in mind that you can have a business name in a different state that is the same as one in another as long as there is no confusion as to who is who... like Snyders of Hanover and Snyders of Berlin (both Pennsylvania, but in different towns), it is possible to have the same name if the difference between to two municipalities is reasonable and you take steps to prevent confusion.

[Poker99]

There is a site... bandname.com I think where you can enter your band name. Doesn't offer 100% protection but its better than nothing.

[UMT]

I wouldn't worry about it unless you are going to try and use the name a nationally known act. I had a band together for 5 years and saw on a television show that some other band using MY name, had just released a single. With $ signs in my eyes, I called my lawyer and he said because MY band didn't have any sort of recognition outside of the local area, I had no case.

[UMT]

I remember a pretty popular band in Minneapolis in the early 80's that called themselves 'The Flamingos'... They were sued by the 50's group of the same name that had had a few singles, etc. on the charts way back then. So they changed their name to:

The Flaming Oh's' .... (Much cooler name in my mind.)

[JnBroadbent]

 

I wouldn't worry about it unless you are going to try and use the name a nationally known act. I had a band together for 5 years and saw on a television show that some other band using MY name, had just released a single. With $ signs in my eyes, I called my lawyer and he said because MY band didn't have any sort of recognition outside of the local area, I had no case.

 

 

Thanks to both of your for the clear up.