How To Trademark A Band Name In 2025: A Step-By-Step Guide

Choosing your band name is the first step to making your mark in the music industry and building your reputation as a band.

By learning how to trademark a band name, you can gain legal protection for your name, logo, and other brand assets.

This article provides an easy-to-follow, step-by-step guide to the trademarking process for your band name, including essential resources for the application process.

 

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What Is A Trademark?

A trademark represents a unique identity, defined as a word, phrase, logo, or distinctive symbol for a particular brand.

While many companies trademark their business name, trademark registration can also be performed by artists and bands.

A trademark forms an aspect of intellectual property, with a registered trademark offering legal protection for its owner.

Distinct from other forms of intellectual property, such as copyrights, trademark rights protect against unauthorized use of your name by other bands.

By combining these types of intellectual property, bands can protect both their band name and their associated musical works.

 

Trademark Vs. Copyright

An understanding of trademark law and how it can protect your band name can be enhanced through the application of copyright registration.

While trademark registration covers your band name and logos, copyright is pivotal for the accurate collection of music royalties.

For physical media sales and digital platforms, setting up mechanical royalties can be performed to earn money from CD and record sales.

Additionally, you can earn revenue through performance royalties, monetizing your music on streaming platforms, and live venues.

These allow songwriters and music publishers to collect and share royalties across multiple sources for a consistent income.

 

Related read: Mechanical vs performance royalties.

 

Benefits Of Trademarking For Artists

Becoming an established band with a large following requires more than just writing a song that resonates with your fans.

It also requires trademark registration of your band name to protect your creative works from unwanted legal procedures.

Here are some additional benefits of trademark registration for artists and bands that make the process worthwhile:

 

1. Brand Recognition In The Music Industry

Using a registered trademark for your band name serves as a means of cementing your brand recognition in the music business.

This name recognition can help with everything from getting gigs as a musician to landing a deal with an established record label.

 

2. Retaining Intellectual Property Rights

There are many examples of bands losing their rights over a brand name due to legal battles, which can cause severe reputational damage.

Ensuring you’re the trademark owner of your band name and logo provides robust protection from any use by other bands.

 

3. Providing Opportunities For Commercial Use

Trademark registration of your band name can significantly increase your chances of landing a music publishing deal for commercial use.

Such deals allow bands to enhance their business value, generating income through merchandise and endorsements.

 

How To Trademark A Band Name In 2025: Step-By-Step

Up-and-coming bands and artists looking to drive their careers forward must register a trademark to protect their assets.

Here’s how you can trademark your band name in 10 steps, from verifying its availability to the complete registration process:

 

Step 1: Decide On Your Band Name

Bands, singer-songwriters, and music producers are all eligible to register their performing names as trademarks.

Before initiating the process, you need to decide on your desired band name and create alternatives in the event your first choice is taken.

You can draw inspiration from your favorite band names to create something catchy, memorable, and distinct from others.

 

Step 2: Perform A Trademark Search

With your band name selected, the next step is to perform a trademark search to verify whether or not the name is available.

Bands spanning the most popular music genres are often registered, so this search will ensure your name isn’t taken.

You can perform a trademark search directly through the U.S. Patent and Trademark Office using their Trademark Electronic Search System (TESS).

Additional research for band names on streaming services is also advisable, highlighting any clashing names from bands not yet trademarked.

 

Learn more: The best music production software.

 

Step 3: Select Your Trademark Class

With over forty trademark classes recognized by the U.S. Patent and Trademark Office, bands need to select the appropriate class.

The most relevant classes for bands and singer-songwriters are as follows:

• Musical recordings in Class 9: Selecting this class ensures your band name is protected when used on physical formats and digital downloads.
• Apparel in Class 25: If you have plans to release T-shirts and other branded merchandise, you’ll need to register your band name in this class.
• Entertainment Services in Class 41: This class covers live performances, such as concerts and tours.

Make sure you’ve correctly registered for all relevant trademark classes to take advantage of the advantages each has to offer.

 

Step 4: Understand The Strengths Of Trademarks

While all registered trademarks enjoy legal protection, your choice of band name can affect its strength and resilience to disputes.

Here are the five levels of trademark strength to consider before filing your application:

• Fanciful: This type of name has no outside meaning, such as a completely made-up name.
• Arbitrary: Arbitrary band names use an ordinary meaning, but one with no associations to music.
• Suggestive: A suggestive band name creatively uses words to suggest the tone and style of your band.
• Descriptive: Descriptive band names take a more literal approach to naming conventions for artists.
• Generic: If you’re hoping to use a generic term like “Rock Band,” you may find your application is rejected.

The stronger and more original your brand name is, the more your unique identity will stand out above other musicians and bands.

 

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Step 5: Consider Consulting With A Trademark Attorney

If you’re struggling to understand how to file new applications and have money available, you can consider consulting a trademark attorney.

A trademark attorney can help you get everything set up correctly, as well as advise you in the event of trademark disputes.

Their advice can be invaluable if you’re making money as a music producer or band through commercial use, such as live shows and merchandise.

An attorney can also help with filing an “intent to use” application, allowing you to reserve the trademark for a band name.

 

Step 6: Select A Trademark Filing Basis

“Intent to use” and “use in commerce” are the two primary options when selecting a filing basis for your band name.

We’ve discussed the role of “intent to use” for registering a band name before setting out to release music and perform gigs.

Alternatively, if your band is already active, you need to select the “use in commerce” filing basis and provide evidence of your activity.

This can include a copy of a released album cover or merchandise, which then provides instant protection for your band name.

 

Step 7: Prepare & File Your Trademark Application

With the above steps completed, you’re now ready to prepare and file your trademark application with the USPTO.

After creating an account and verifying your identity, you can upload the relevant documentation in the correct format.

Choosing “standard character” ensures protection in all fonts, while “special form” is applied to logos and other visual assets.

You’ll then be asked to pay the associated fees, which can increase depending on the number of filing classes you’ve opted for.

Once your application is filed, you can focus on making music ready for distribution when the trademark has been approved.

 

Step 8: Fix Issues Raised By The Patent And Trademark Office

Once your trademark has been filed and reviewed, you may be asked to fix any issues raised by the Patent and Trademark Office.

These can be substantive issues that require radical changes, procedural issues, and any additional legal requirements.

If there’s a conflict with another name, such as your choice being confusingly similar to another, you may have to revise the application.

Likewise, choosing a band name that may be viewed as misleading or one that uses immoral language may also be subject to review.

 

Recommended read: How to submit music to radio stations.

 

Step 9: Monitor Your Trademark For Infringements

The steps for monitoring any infringements of your band name trademark are similar to the initial name verification process.

You can check for infringements on the Trademark Electronic Search System (TESS) or use third-party trademark monitoring tools.

Setting up Google Alerts for your band name will also instantly flag any unauthorized uses so that you can take action against them.

 

Step 10: Keep Track Of Trademark Renewal Requirements

Trademark renewals and extensions are requested by all artists, from Taylor Swift to independent rock bands and singer-songwriters.

In the United States, the renewal of band names is required between the fifth and sixth year following the initial registration.

Bands then have to renew their name again following the ninth year, filing a Declaration of Use (and/or Excusable Nonuse) with the USPTO.

 

Frequently Asked Questions

If you still have queries surrounding how to trademark your band name, these answers to frequently asked questions provide further clarification:

 

1. Is trademarking your band name necessary?

While trademarking a band name isn’t mandatory, the legal protections it offers make the process worthwhile.

Many successful independent artists use trademark registers to ensure their name and band logos are protected under the law.

 

2. What can bands & songwriters trademark?

A range of assets can be submitted for trademark protection by bands to help build brand recognition across entertainment services.

These assets include:

• Band names
• Band logos
• Catchy slogans and phrases
• Band tour names

In some instances, song and album titles can also be trademarked, particularly if used as part of a commercial venture.

 

3. How long does the registration process take?

Registering a trademark can be a lengthy process, from the initial application and review to receiving the final registration.

In the United States, this can last between 12 and 18 months, depending on whether any complications arise during the process.

 

4. What are the costs associated with trademark registration?

The costs associated with trademarking a band name can vary, covering basic fees, surcharges, and potential attorney fees.

The USPTO’s base application fee is $350, but providing insufficient information can result in a $100 surcharge.

Conducting a pre-filing trademark search can also increase the budget, along with periodic maintenance fees.

 

5. Can I copyright my band name?

Solo artist and band names are not subject to copyright, which is instead used for songs, lyrics, and artwork.

Copyrighting your music allows for revenue generation based on associated royalties across different media platforms.

It can also be used to generate print royalties through the sale of printed sheet music of your original works.

 

Read next: How to build a home recording studio.

 

Trademarking Tips

Getting your band name trademarked can be challenging, especially if you lack experience in this process.

Here are some trademarking tips to help you choose and implement a registered band name:

• Consider how your name impacts the band logo: While many artists focus on their stage name or band name, it’s just as vital to consider how band logos are presented. When choosing a band name, explore how it will appear as a logo before you register.
• Promote your music on multiple platforms: Registering a band name ensures your brand is instantly recognizable. By promoting your music on social media and elsewhere, you can foster an image and build a reputation.
• Clarify trademark ownership: If you’re in a band, you’ll need to be clear from the outset which members are taking ownership of the trademark. This will avoid potentially troublesome legal issues should the band split up in the future.

You can consult with an attorney if you have concerns and verify that everything is above board before applying for a trademark.

 

Essential Trademarking Resources

Whether you’re a band member or a solo artist, acquiring trademark protection is an essential process for protecting your brand.

Here’s a concise overview of the primary resources and institutions used for trademark registration:

• United States Patent and Trademark Office: Registering a name for a solo artist or band in the United States must be done through the United States Patent and Trademark Office. The process is relatively straightforward, with plenty of online resources to help get everything right.
• Trademark Status and Document Retrieval: Once you’ve filed for trademark registration, you can track the application via USPTO’s Trademark Status and Document Retrieval service.
• World Intellectual Property Organization: If you’re seeking more protection with a global audience in mind, the World Intellectual Property Organization can help you trademark your band name worldwide.

By conducting thorough research into the names used by other bands, you can register your name with confidence.

 

Summary

Knowing how to trademark a band name grants you the exclusive right to use your name across a broad range of media.

If you’re a singer-songwriter, trademarking your artist name confers the same advantages, as well as enhancing your brand recognition.

By acquiring a trademark, your band name is guaranteed legal protection as part of an overall approach to intellectual property.