How to Trademark a Band Name

Why Musicians Need Trademark Protection

Your band name is your brand. It's on your merch, your streaming profiles, your tour dates. If someone else trademarks it first — or if it conflicts with an existing mark — you could lose the right to use it.

This isn't hypothetical. Bands have been forced to change their names years into their careers. The Charlatans (UK) had to add "UK" in the US because an American band had the name first. The Verve became The Verve Pipe, and eventually both existed in an awkward legal gray area.

Trademarking your band name protects your career investment. Here's how to do it.

Step 1: Search for Conflicts

Before you file anything, you need to know if your name is available. This means more than a quick Google search.

Start with the USPTO trademark database (TESS). Search for your exact name, phonetic variations, and similar-sounding names. Look specifically at Class 41 (entertainment services) and Class 9 (recorded music).

A comprehensive search also checks state trademark databases, common law usage, and domain registrations. Run a free trademark check to get a quick sense of availability, or get your full Locrian Score for a detailed analysis.

Step 2: Determine Your Filing Basis

You'll file under one of two bases:

Use in Commerce (Section 1a) — You're already using the name commercially. You've performed live shows, sold music, or offered services under this name. You'll need to provide a specimen (proof of use) like a concert poster, album cover, or streaming page.

Intent to Use (Section 1b) — You haven't used the name commercially yet but plan to. This lets you reserve the name. You'll have six months (extendable up to three years) to submit proof of actual use.

Step 3: Choose Your Classes

Trademark registrations cover specific categories of goods and services. For musicians, the most common classes are:

• Class 41 — Entertainment services (live performances, producing music)
• Class 9 — Sound recordings, downloadable music
• Class 25 — Clothing and merchandise
• Class 16 — Printed materials (posters, album art)

Each class costs an additional filing fee ($350 per class). Most bands start with Class 41 and add others as their merchandise and product lines grow.

Step 4: File Your Application

You can file online through the USPTO's Trademark Center. The current base filing fee is $350 per class.

Your application will include:

• Your band/artist name
• A description of your services
• The filing basis
• A specimen of use (if filing under 1a)
• Your contact information as the owner

Step 5: Wait (and Watch)

The USPTO process typically takes 8-12 months. Here's what happens:

1. Examination (3-4 months) — A USPTO examining attorney reviews your application
2. Office actions — If there are issues, you'll get a letter requiring a response
3. Publication (30 days) — Your mark is published for opposition
4. Registration — If no one opposes, your mark registers

During this time, monitor your application through the USPTO's TSDR system.

What It Costs

• USPTO filing fees: $350 per class
• Attorney assistance: $750-$2,000 (optional but recommended if conflicts exist). See our guide on when to hire a trademark attorney.
• Total DIY cost: $350-$700 for a basic filing

Tips for Musicians

• File early. The sooner you file, the sooner you establish priority. Don't wait until you're famous — by then, someone else may have filed.
• Use your actual performing name. File the name exactly as you use it. If you perform as "The Midnight Echo," file "THE MIDNIGHT ECHO."
• Consider a logo mark too. If you have a distinctive logo, you can file a separate trademark for the design.
• Keep records of use. Document your earliest use in commerce — first show, first track sale, first merchandise order.
• Register your songs too. Your compositions and recordings are separate intellectual property. Register them with the U.S. Copyright Office for maximum protection.

Ready to see how your artist name stacks up? Get your Locrian Score for a full brand analysis including trademark availability, digital presence, and audience metrics.