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Can one copyright a band name?


The other day I thought of an excellent name for my prospective future band. As of yet, however, there is only myself and my percussionist. We have yet to form the ensamble we would like, so we really are not a band. But my name is perfect for us, and I want to make sure we claim rights to it. Is there any sort of registery or whatnot whereby I can claim my name for the band?

Wow.

First three answerers:

You SUCK!

The best method to "protect" the name is for the band name to be also your business name. All corporations must have a unique name that no one else can duplicate exactly. Corporations (and names for un-incorporated businesses) are handled by the State you live in, usually by the Secretary of State office. Filing just a business name request is usually not too expensive.

no, what you want is a trademark.

trademark is right, but you would be better directer on where to get that from you local city hall, they should have at least a number that you can contact the right person.

You Either Copywright it or Trademark it, im not sure whichbut I know om Delonge did it with Angels and Airwaves

I work on stuff like this for my job on a limited basis. I know it's through the Federal Patent and Trademark office - it is expensive and long process, so you have to be really sure about seeing it though - could take hundreds (or more) dollars and years! www.uspto.gov - in the meantime begin to use it in some way so that you can establish it as "yours". That way if in the process you have someone challenge you you have proof of usage for "x" amount of time. Hope that helps.

this is not the legal section of yahoo answer.

You don't sound like a musician,

"My" percussionist?

You trademark a band name. You have to do a trade mark search first, which is done by a trade mark attorney and costs anywhere from $250 - $1200.
With band names, whoever uses it first, in a region or medium, usually owns tight to the name without trademark. It's called "the right of first useage". This can be whoever release a recording or CD first under the name, plays a show or tours, etc. This can be tricky though since if "Band X" in Albany NY releases a CD and sell 5 copies at a show in Albany NY and "Band X" in Atlanta GA puts an indepently released record sold nationally and tours the East coast and midwest - "Band X" in Atlanta GA really would wind up winning any dispute.
Bottomline - do the search, if no one has it - trademark it. But get ready to pay for it.

no one can't

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