Trademark Attorney for Musicians

It can be, subject to a specific rule. Registration on the Principal Register is refused for a mark that is primarily merely a surname (15 U.S.C. § 1052(e)(4)), unless it has become distinctive of the applicant's goods or services in commerce (15 U.S.C. § 1052(f)). The USPTO may accept proof of substantially exclusive and continuous use of the mark in commerce for the five years before the claim of distinctiveness as prima facie evidence that the mark has become distinctive (15 U.S.C. § 1052(f)).

Under the Nice Classification (NCL 13-2026), Class 41 covers education, training, entertainment, and sporting and cultural activities, including providing online music, not downloadable. Class 25 covers clothing, footwear, and headwear. Class 9 includes recorded and downloadable multimedia files, such as downloadable music files. One application may cover several classes (37 C.F.R. § 2.86(a)), with a fee for each class (37 C.F.R. § 2.6(a)(1)(iii)). The relevant classes depend on what the artist actually sells and does commercially.

Yes. A band name trademark can be owned by all band members jointly, by a single designated member, by a corporate entity that the band controls, or by a management company, depending on the band's agreement. The ownership structure matters significantly: if there is no agreement about who owns the name and the band splits, the question of who can continue using the name is decided by general law rather than a clear document. A trademark attorney can advise on the ownership structure that best protects the band's interests.

What happens to a band name trademark in a breakup depends on who owns it and what any band or partnership agreement says. If the mark is registered, the Principal Register certificate is prima facie evidence of the registrant's ownership, but another person may still prove any legal or equitable defense or defect (15 U.S.C. §§ 1057(b), 1115(a)). We recommend documenting ownership in the band agreement before a breakup makes it necessary; a trademark attorney can advise on how.

You do not need a trademark registration to sell merchandise. Section 43(a) of the Lanham Act (15 U.S.C. § 1125(a)) applies to confusing use of your name whether or not it is registered; a Principal Register registration adds the registered-mark infringement claim (15 U.S.C. § 1114). As of November 3, 2026, Amazon's enrollment page states that you must have an active, registered trademark or a pending trademark application for your brand name or logo, issued by the designated government trademark office of a country with a corresponding Amazon store. We recommend that merch sellers who operate at scale file early.

Yes. Anyone with a bona fide intention to use a mark in commerce can apply to register it (15 U.S.C. § 1051(b)), including an artist name you have not registered; the filer might be a squatter, a tribute act, or a former band member. If a third party registers the name, a petition to cancel based on likelihood of confusion with a mark you previously used in the United States and have not abandoned (15 U.S.C. § 1052(d)) must be filed within five years from the date of registration (15 U.S.C. § 1064(1)), and a date of use must be established by competent evidence (37 C.F.R. § 2.122(b)(2)). We recommend filing before the name is widely known.

Copyright protects the specific creative expression in your recordings and compositions: the melody, lyrics, and sound recording. It arises automatically from the act of creation and protects the content itself. Trademark protects the brand identity under which the music is marketed: the artist name, the band logo, and the brand elements associated with the music career. A musician holds copyright in their recordings and trademark rights in their artist name. Both protections are distinct and neither substitutes for the other.

Who owns the artist name trademark under a recording deal or management contract depends on the contract's terms. A registered mark, or a mark for which an application has been filed, is assignable with the goodwill of the business in which it is used (15 U.S.C. § 1060(a)(1)). A trademark attorney reviews the IP clauses in these agreements, including any assignment, license, or revenue-share terms tied to the artist name, before signing and advises on what has been granted and what has not.

Yes. I file trademark applications at the USPTO in the United States and the CIPO in Canada at the same time; responses to Canadian examiner's reports, oppositions, and section 45 proceedings are handled through a licensed Canadian trademark agent. The two registration systems are separate: a US registration does not itself create a Canadian registration. Under Canada's Trademarks Act, an applicant is not entitled to registration if, at the filing date or the date of first use in Canada (whichever is earlier), the trademark was confusing with a trademark previously used or made known in Canada, or previously applied for in Canada, by another person (s. 16(1)), unless, on the day the application is advertised, the earlier application is no longer pending or the earlier trademark has been abandoned (s. 16(2) and (3)); a valid priority claim based on an application filed in another Union country within the six months before the Canadian filing makes that earlier filing date the Canadian filing date (s. 34(1)). We recommend filing in both countries if you have Canadian tour dates, Canadian streaming revenue, or Canadian merchandise sales.

We recommend starting by assessing your priority position: who started using the name in commerce first, and in which markets. A date of use must be established by competent evidence (37 C.F.R. § 2.122(b)(2)). If you have documented prior use, we recommend a cease-and-desist letter as the first step. If the other act holds a Principal Register registration, its certificate is prima facie evidence of its ownership and exclusive right to use the name for the registered goods or services (15 U.S.C. § 1057(b)), subject to any legal or equitable defense or defect you can prove (15 U.S.C. § 1115(a)), and a trademark lawyer needs to evaluate the options. If neither party has a registration, Section 43(a) of the Lanham Act (15 U.S.C. § 1125(a)) governs claims of confusing use.