HOW TO TRADEMARK YOUR BAND NAME

some answers to people's questions

Anytime you're promoting, you're promoting your NAME - so make sure it's yours!

I'm giving you some unofficial advice here from my own experience. There are attorneys and specialists that can help you much more.

Most of all, you should REALLY go get a book called "TRADEMARK - Legal Care for Your Business & Product Name" by Stephen Elias - from Nolo Press. It covers *everything* and even includes the forms you'll need to register.

FOR BASIC TRADEMARK ADVICE, go to my web page of reprints from NOLO Press: http://www.hitme.net/useful/c.html

Anyway - here's some introductory advice from a fellow bandleader:

RESEARCH TO MAKE SURE NO ONE ELSE IS USING A SIMILAR NAME

• Check the PhonoLog at your nearest record store.



• If you can, check Billboard's Talent Directory. (it's expensive to buy)



• If you've got $$, hire a search firm (attorneys) - this is the most reliable but it'll cost you between $300-$500.



• I heard CompuServe has a trademark research center. If you know of other internet-available services like this, please let me know, because people are always asking me.



• Call the nearest largest Public Library and ask if they have a Federal Trademark Register CD-Rom. Between 1-3 libraries in each state have it. You can go in and they'll show you how to do a search. Search for your full band name, then each word individually.



• Example: my band HIT ME: search "HIT ME" then search "HIT" then search "ME") The reason is - there may be a band called "KICK ME" or "HIT US" that could be a conflict. If you can think of other similar words to search, try those, too. You can get a printout of all this.



• If there's nothing even remotely similar, you're doing OK. If someone, even a clothing company, is using your name, then you should consult an attorney.



• Make sure you search the *Federal* Register, then the *Pending* Register. These are for the names that have been applied for, but not completed yet.

Call Washington, DC: (703)308-HELP and ask for the book "BASIC FACTS ABOUT REGISTERING A TRADEMARK"

• Trademark covers a product. Servicemark covers a service.



• As a musical act, we are a service. If ALL you do is make CDs and tapes, but never play live, maybe your name only applies to a product. But for most of us, it's a service first, then a product second. It's all the same form, just a technicality. You'll still use the ® [little (R) in a circle] when you are registered.



• On that note, you can start using "TM" or "SM" after your name now. It means you have intent to register, or are claiming legal ownership of that name. You can use the ® *after* and only after the whole registration is complete.



• Each registration class costs $245. If you want to register a Servicemark, and a trademark, that's $490. That's the *complete* way to do it. But when I called the Patent & Trademark office help line, they said if you register your servicemark, that's plenty of protection for now. (Until you start selling loads of T-shirts, hats, action figures...)



• You may get a form that says it's only a $200 fee, but those are old forms. It's $245.

Save this information for when you are filling out the form: (because they don't really tell you this anywhere)

• For a servicemark for a musical act, you want to file a "CLASS 41"



• description of product/services is: "Entertainment Services in the nature of Musical Performance."



• Everything else will be explained when you get the book.

Don't forget - do this NOW, or ALL the work you're doing to promote your act will be wasted.