We all know that while artists create with pens, brushes, and music, they may often undermine the most important tools: the legal protection of their works. Such little regard for IP rights brings about more confusion and complications around which legal protection is appropriate for a certain type of IP asset.
Broadly speaking, a trademark does not concern artists. However, to the extent that an artist brands his business, registering a trademark is a necessity. Unlike the typical business owners who primarily rely on their brands developed through rigorous advertising and marketing, artists identify themselves with their works such as music, paintings, sculptures, etc. A trademark is, therefore, more commonly used for businesses than for artists.
As we know, a trademark registration protects a brand or logo with respect to certain goods and/or services, and a copyright registration protects an original work from being copied by others without authorization from the owner.
To know more about the differences between copyright and trademark, please check our article: Differences Between Trademark and Copyright
Now comes an interesting question, can you trademark an artist or band name?
Yes, an artist or brand name can be trademarked. As implied above, artists do not only produce artistic works; they too, having exclusive rights, can make business with their creative works. To this extent, artists can seek trademark protection for their artist or band names.
It is important, however, to consult the basic requirements for a name to be registered as a trademark.
Legality of Artist or Band Trademarks
In the United States, a name, portrait, or signature identifying a particular living individual is registrable as a trademark, provided that the identified individual signs are written consent to register his name as a trademark.
In Canada, however, it is a bit more complicated. The Trademark Office may refuse a trademark that is a combination of a given name and a surname if the such combination can be located in a Canadian directory or another suitable source. However, fictitious names that do not resemble the name that could be borne by an actual person or might be thought by the public to be names or surnames may be registrable.
Another consideration to be taken in registering an artist or band name is to check if the name does not resemble a prior-filed application or prior registration. Hence, a trademark search is pivotal.
To know more about why conducting a trademark search is important in the registration process check our article: Why conduct a trademark search? Trademark Angel also offers free preliminary trademark search.
Protecting and Enforcing Artist or Band Trademarks
If you are an artist who is unsure about trademarking your artist or band name, one of the practical reasons for trademark registration is to get rid of duplicitous brands.
Like any other business, one of the pains for artists when it comes to making a business of their artistic works is duplicitous brands. Without trademark registration, artists become vulnerable to others who copy not only their artistic works but also their brands.
A trademark registration is strong evidence of (1) the existence of a given trademark, (2) one’s ownership of the such trademark. As such, with a registered trademark, you can easily take action against a potential or actual infringer. A few legal remedies are available for trademark owners, namely, sending cease and desist letters, filing a dispute over a domain that is confusingly similar to your registered trademark, instituting an opposition or cancellation proceeding against new trademark applications that resemble your registered trademark, etc.
It is also vital to know that a registered trademark does not enforce itself. As artists who value his business, you must be on the lookout for any activity that infringes upon your brand. This process is called: trademark monitoring. Read more: What is trademark monitoring (confusion watch) service?
Famous Artist or Band Trademarks
What are some registered artist names or band names?
For starters is the AEROSMITH trademark (U.S. Reg. No. 1552802) (image shown below). It registered as a trademark on August 22, 1989 in connection with, among others, ”Entertainment services rendered by a vocal and instrumental group” under International Class 041.
Photo taken from:
https://tsdr.uspto.gov/#caseNumber=73726291&caseType=SERIAL_NO&searchType=statusSearch
A more modern example is the BRUNO MARS Trademark.
Photo taken from:
https://en.wikipedia.org/wiki/Bruno_Mars
Yes, you read it right – BRUNO MARS is a registered trademark with the U.S. Reg.4147314. It is registered for among others “song writing services” under International Class 041.
And Nifty Gateway who sold his work The EverLasting Beautiful by FEWOCiOUS (shown below)
FEWOCiOUS, The EverLasting Beautiful by FEWOCiOUS. Courtesy of the artist.
Nifty Gateway is a registered trademark for “providing an online digital asset marketplace for buyers and sellers of crypto-tokens” in Class 035
Like the traditional business names, an artist or band name is registrable as a trademark. Therefore, as an artist you can have the same legal protection of your artist and/or brand name if you register it as a trademark.
Branding is crucial for artists to forward their careers. Without trademark registration to protect their brands, artists’ career can be sidetracked by others’ use of their artists’ brands to sell or offer low quality or counterfeit products and/or services, hence tarnishing the artist brands.
Certainly, Louis Vuitton wouldn’t have reached its status now (a $47 billion-worth brand) if it had not considered brand protection vital.
Will you be the next Louis Vuitton brand? Find out today if your artist or band name is registrable as a trademark. TRADEMARK ANGEL offers free consultation via email or call.
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