Originally Posted by Sabo Hey, I am trying to find out when/how/if a band's name can be copyrighted. For example i have a band with a cool name and i dont want someone to steal it haha. I don't think the name is in use by another band, at least not at the level of touring and releasing albums. At which point (over a period of time does a band's name become their own? Does it matter if two bands have the same name? Any help would be awesome.
You want to establish a trademark claim. I did this for my stage name. When you file, you will be assigned a PTO (Patent and Trademark Office) attorney who will review your claim and research whether or not anyone else has already filed a previous application for trademark and the validity of your own application. Generally speaking, the extent of your use will not matter if they already filed an application for the name. A trademark is considered active once the application is granted and it is used in "commerce." So, if they hold the trademark and played a single show, sold a disc with their name on it, etc. your application could be deemed meritless. BTW - You can do a basic search yourself on the PTO site. Do the base search yourself as app fees (all told I paid almost $600) are not refunded when a claim is declined. Good luck.
