How to Trademark a Band Name: Complete Guide for Independent Musicians
You’ve finally found that perfect band name. It feels right, it looks great on a poster, and your friends can already picture it in lights.
Now imagine scrolling Spotify one morning and seeing another artist using the exact same name.
Ouch.
That’s exactly why learning how to trademark a band nameearly on can save your band from chaos later. Let’s go through it together — step by step, no legal jargon.
What Does It Mean to Trademark a Band Name?
A trademarkis basically your legal claim on a name, logo, or slogan. Once registered, it tells the world, “This belongs to us.â€
If someone else tries to release music, play gigs, or sell merchandize under a similar name, you’ll have the right to stop them.Think of it as a lock for your brand.
You’ll gain:
- The exclusive right to use your name nationwide.
- Proof that it’s yours when signing deals or licensing music.
- Leverageif a copy cat pops up online or at shows.
Without registration, your rights only go as far as your local scene — and that’s not good enough in the streaming era.
Why Bother Trademarking Your Band Name?
A lot of musicians assume owning a domain or Instagram handle is protection. It’s not. Those are nice, but they don’t mean ownership.
Here’s what happens when you trademark:
- You avoid rebranding nightmares.No last-minute name change after printing 500 shirts.
- You protect your income.Your streaming royalties, merch, and gigs stay tied to your name.
- You can expand.Once you’re registered in one country, you can file in others more easily.
- You look legit.Record labels and venues take you seriously when your brand is protected.
Honestly, it’s a small move that pays off huge later.
Step-by-Step: How to Trademark a Band Name
Make Sure the Name’s Available
Before you get that logo tattooed, make sure the name isn’t taken. Check:
- The USPTO database(for U.S. trademarks), CIPO database for Canadian trademarks, etc.
- Streaming platforms like Spotify or Apple Music.
- Instagram, Bandcamp, and Google search.
If someone in music already owns it, time to brainstorm. It’s better than getting hit with a cease-and-desist letter after your first tour.
Tip: Trademark Angeloffers a free searchto check name availability before you spend a dime.
Choose the Right Trademark Classes
When filing, you’ll select classesthat describe what you’re protecting.
Core classes for musicians:
- Class 009: Sound recordings; downloadable tracks; music videos.
- Class 041: Entertainment services; live performances; concerts.
Additional possible classes:
- Class 016: Posters; calendars; lyric sheets.
- Class 021: Cups; mugs; drinkware.
- Class 025: Clothing; hats; hoodies.
Start with what you use now. If you plan to sell merch later, cover those classes too — cheaper to do it once than file again.
File Your Application
If your search looks clean, head to the USPTO website (or your local office).
You’ll need:
- The owner’s name (either you or the band’s legal entity).
- The exact name as it appears.
- The list of classes you’re claiming.
- A specimen— proof your band name’s used publicly (like an album cover or event poster).
You can file yourself, but one small error might set you back months. That’s why most artists use a trademark professionalwho deals with this stuff every day.
Wait for Review
Once submitted, your application goes into review. It usually takes 6–12 months.
If the examiner doesn’t spot conflicts, your name gets published for opposition — basically a 30-day period for anyone to object.
No objections? You’re in
After that, if there is no use, your trademark will be allowed for registration and you’ll need to file a Statement of use, proving use of your trademark in the US.
Once Statement of use is accepted, you’ll get your official certificateand can proudly add the ® symbol.
Keep It Active
A trademark isn’t “set it and forget it.†You’ll need to renew it every few yearsand actually use it.If someone starts copying you, you can act fast, send a cease-and-desist, or get legal help.That piece of paper gives you real power.
How Much Does It Cost to Trademark a Band Name?
In the U.S., the government filing fee is $350 per class.
At Trademark Angel, our SAIL THROUGH packagestarts at $475 USD. It includes a professional trademark search, careful preparation and filing of your application, and regular progress updates all the way until registration.
No hidden extras: just expert help and peace of mind while you focus on making music.
