In that event, one of you is either going to have to change your name entirely or tack on a little extra identifier, "charlatans uk,". (by the way, it's advisable to.
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Under federal trademark law, the lanham act forbids the registration of a surname unless you can establish that the surname has acquired a secondary meaning to consumers.
Can i trademark my artist name. Generally you cannot copyright an artist or stage name so we discuss how to trademark a stage name. For more information on trademarks you can visit the united states. Not because it's forbidden to use, but you will have problems with registering your artist name and using it on your creations in the future.
We make it easy for you to file a trademark application without the jargon. In many cases, an artist's personal name is also their company name. If others were using the mark before you, they might be able to prevent you from using the name as a mark.
By definition, art is expressive. This information was provided by our founding attorney, xavier morales, esq. If not, you can trademark the name so you own it.
Select the basic word mark search option: Scroll down and click the "trademark electronic search system (tess)" button. If an artist (or the label) wants to engage in branding deals, such as becoming the spokesperson for a product or service, then the artist must own the trademark, or the legal right in his or her performing name.
This protects your brand, which is especially useful if. Is your artist name a common surname (i.e. To prevent others from using your name for any reason, including merchandise, you should register it as a trademark.
Freeman's trademark is listed in the category entertainment services, namely, live, televised, and movie appearances by a professional entertainer. Ad america's #1 trademark system. A band's name can be a trademark or service mark if it is used to sell goods or services (e.g., records and performances under the mark).
Ad america's #1 trademark system. That means artists have considerable leeway when incorporating outside materials into their artistic works. Once your name is trademarked, you can file suit against others who are using the name without your permission.
It is important to understand the basic concepts. You will probably have a trademark for your business and if you are a graphic designer you may be creating trademarks for others. The music industry is a business.
Visit the search trademark database. Yes you can trademark your band name or artist name under certain circumstances. What does your search include?
You can establish rights in your band's name without a trademark, through the simple use of the name. A friend of mine recently found out that the alias he had been using for 6 years was trademarked by someone who was only using it. Enter your rap name and press the "submit query" button.
Trademarking an artist or stage name is an important legal protection for artists in a variety of fields. You don't want to tour and record for years under one band name, only to find out that there's another band working under the same name in another part of the country (or world). Yes, you can trademark a stage name that you use to promote or sell your products or services.
For example, katy perry® is a spokesperson for covergirl. Free search w/alerts & more! Trademarking your artist name as a singer or musician.
You can choose the search criteria options based on your needs. Sometimes musicians and artists want to register their name as a trademark, including a stage name or pseudonym. For example, morgan freeman trademarked his name to prevent it from being used by a company to market its products.
If you are using a particular word, graphic, phrase or slogan of band name or artist name, you can trademark it to prevent any other artist form using it without your permission. If the mark appears to be a person's name, then there are additional requirements for the application. However, absent a federal trademark registration, your rights in a mark are limited geographically to the scope of your reputation.
Of course, the best reason to trademark your name is to prevent others from using it. If a stage name is trademarked then it will prevent another individual from performing similar services under the same name. If it's not trademarked and famous, it's not protected and can be used by you as your artist name.
Trademarks can be expensive so it should be a decision you are 100% sure of before pulling the trigger. Additional guidance is provided in the trademark basic facts booklet. Why your band name should be protected by a trademark.
No one can use his ownership of a copyright, trademark, or personal right to stop others from expressing themselves, from giving their opinions, and from otherwise exercising their first amendment rights. One question artists, photographers, designers, and musicians always seem to ask is whether they should trademark their name. That name is a corporate asset with real tangible value, and protecting it is an important business consideration.
Search your rap name in the trademark database and see if it's already taken. As such, if you're 'trading' in the music industry, you may decide to register the right to use your business name. Free search w/alerts & more!
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