How to Trademark Your Artist Name

Our NYC and Miami Entertainment Law Firm advises and represents clients in all legal matters related to music, sports, television/film, visual and literary works, modeling, online matters, and intellectual property.

Ask any musician a question about trademarking their own music, and they’ll be the first to let you know that it’s one of the most important steps an artist can take. Having control over what you’ve created is vital in any line of work, particularly the music industry. In this article, we’ll look into how you can go about trademarking your name as a musician/artist.

Whether you’re an established musician, an aspiring musician, or have just had a general interest in the process, it’s important to know the process of how to trademark your name.

The Difference Between Copyrighting and Trademarks

If you’re involved in the music industry, you’ll know the importance of copyrighting your music, but maybe not so much about protecting your name as an artist. While copyrights protect creative and original work such as music and sound recordings, trademarks help to protect an artist’s name, logo, and any slogans they may have. 

With the rise of the internet, streaming services, and torrent sites allowing users to pirate music, copyrighting and trademarking have become ever more critical for the modern musician. 

Make Sure Your Artist Name Is Available

Whether you’re looking for a band name, a logo, you need to make sure it’s unique and not mimicking an existing band or artist name. It may seem like common sense, but the first step to take before deciding upon a name is to make sure it’s available.

The easiest way to check your band name is to do a quick google search on the name you are thinking of using to see what comes up. 

To be totally sure you aren’t using an already taken name, check out the USPTO (the United States Patent and Trademark Office) to see if the name is already in use or if there is a trademark against it. 

Getting Your Classification and Description Right

When you’ve checked out the USPTO website to make sure the name you are looking to use is available, you need to make sure you choose the proper classification and description that best describes the product or service that you offer. 

For musicians, the two classifications to focus on are the 009 (for physical and downloadable music) and the 041 (for live and public performances and streaming over the internet).

Filing Your Trademark 

Once you’ve completed the necessary due diligence, your ready to file your trademark, it’s time to head to the USPTO website. 

First, select Trademarks from the drop-down menu, select Online Filing, click on the Initial Application Form, there are a few different options to choose from, so make sure you select the application that best suits your needs.

Need Some Help?

If you need assistance with the process of filing a trademark for your artist name, then contact ChaseLawyers®. ChaseLawyers® are a leading entertainment law firm in Miami, and their expert trademark attorneys will guide you through the process from start to finish so you can sit back and relax and know that your trademark is secure now and for years to come.

(305) 373-7665 (Miami) 

(212) 601-2762 (NYC)

The entertainment industry can be a complicated field to navigate. As a trusted leader in Miami entertainment law, ChaseLawyers can help. With over 40 years of experience, Our Miami based lawyers have helped individuals in nearly every area of entertainment law in Miami, including sports, music, film, television, modeling, literature, and more. We understand the unique challenges you face as a creative, and we’re prepared to protect your interests.

As an artist in Miami, you must navigate the intricacies of copyright law, trademarks, contractual agreements, and much more. It is critical you choose a qualified Miami entertainment lawyer with expertise in the nuances of the entertainment world. ChaseLawyers has built a stellar reputation among our clientele for honest, professional representation that produces effective results. We have extensive experience in the unique legal elements you must navigate as an artist, and our attorneys can provide you with indispensable career advice and expertise over the course of your entertainment career.

When you work with ChaseLawyers, you are more than just a client. We care about your well-being and can provide essential advice on the issues you face in the Miami market, such as intellectual property issues, negotiating service agreements, publicity rights, and much more. We also have an extensive network of resources available for our clients to connect with, and those connections can enrich your career in countless ways. Our team understands the complex world of entertainment law and will take care of your legal needs so you can focus on doing what you do best—sharing your talent with the world!

When you’re ready to take the next step in your career, our Miami entertainment lawyers are ready to help you. We are passionate about helping creatives with all of their legal needs, and you won’t find a team more dedicated to your success in all of Miami. Contact us today to schedule your free consultation!