Register and/or Trademark

The Question...

If I do not trademark my band’s name, could another band with the same name trademark the same “band” name and stop me from using it?

A band that co-exists with the same name must prove legally or otherwise, that it was utilizing the same name prior to your doing so.

Otherwise, proving such does not necessarily dictate that the competing band have its name formally registered in order to present you with a "cease and desist" order.

In fact, it can be as simple as, the competing band having utilized its name for some time before yours and, as such, has achieved a certain level of name recognition and notoriety, whether on a regional, national or international level.

This is a major determining factor in a band preventing your use of its name. Through the years, this unfortunate situation has occurred with band failing to register and trademark their band’s name.

Also, many bands decide to wait until they have (with anticipation) achieved some career success before registering and trade marking their band’s name.

Just as you would not (hopefully) operate a business selling your CDs without a business license and (hopefully) would not forego filing your annual federal and state taxes, you should treat the trade marking of your band's name with equal seriousness.

Therefore, the best time to begin strongly considering protecting your band's name through trademark is as soon as you decide to definitely make Music your career. In fact, it is highly recommended that a band  register and trademark its band name as early on as possible to avoid forgetting to do so when its music and career takes off.

Because, the absolute worst nightmare would be for you to become a national, or worse, world-wide success, selling thousands and, possibly, millions of units of your music, only to receive a legal notice that you must now change your band's name and all of its related content, as well as you’re possibly being sued for having used the name.

Big G Artists Agency, LLC works with a team of consultants that can assists you in registering and trade marking your band’s name.