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Legal process in name registration Dynamics Plugins
Old 10th September 2011
  #1
Here for the gear
 

Legal process in name registration

Hi there. I'm wanting advice as to how I go about legally registering/licensing a band name in the US. I've found a few online services (ie - Bandreg.com), but living on the other side of the world i'm unsure as to the validity of this enterprise, and have a limited working knowledge of US law.

I've found a name I like that seemingly isn't taken (and the www domain is free), so what's the process from here?
Old 10th September 2011
  #2
Lives for gear
Registering a domain of course has nothing to do with licensing, it provides no protection but it's nice to have.

In the US you may want to trademark your name if available. Im not sure how many artists do this. It can be done online at USPTO.com for $275.

Select " Trademarks" and TEAS application. Then just follow along reading the directions as you go. The most confusing part will be choosing "class of goods" meaning the area of business you want to protect your name in. Look at the options there is problem one for "recorded music" or something similar.
Old 10th September 2011
  #3
Moderator
 
narcoman's Avatar
 

Kind of a waste of time until you're trading and making provable income. As Monster cable have shown time and time again - you can boot the longer holding name users out of the water by being the bigger fish. So.... in a word - don't waste yer breath!
Old 12th September 2011
  #4
Lives for gear
The Monster trademark is not a good example, but I understand Narcoman's sentiments.

It is my understanding that the OP has an original name that is not yet in the principal register. If he registers it first and then uses it in trade here, he can protect it. He also would have up to one year to show use in trade here, by selling CDs, downloads, performances etc.

He would only have problems with legal oppositions similar to the Monster Cable scenario if he tried to register a mark that was already being used here in a similar class of trade, or a mark that is already well known. But his post seemed to indicate that isn't the case.

And it only costs $275 to register your mark. It certainly isn't a waste of time if it happens to be an integral part of your business or may become so (a la Katy Perry).
Old 12th September 2011
  #5
Gear Maniac
 
dbluefield's Avatar
 

You can do it right on the US trademark website - simple.
Old 12th September 2011
  #6
Moderator
 
narcoman's Avatar
 

...what I mean is Monster got the name after other users but, as the sods with bigger lawyers, started throwing their weight around.

Trademark registration carries very little weight with small industry which is why I say, don't waste yer time!! ..... just get on with being the kick ass band you're gonna be....
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