How to Trademark a Band Name

Do I need to trademark my band name?

A trademark protects recognizable identifiers (like band names or logos) that distinguish the source of goods or services in the market. You gain “common law” trademark rights when you start using your band name publicly, but these only cover your geographic area rather than the entire U.S.

As a result, you might get a registered trademark if: 

• Your band is growing. You’re playing in more venues, gaining listeners in multiple states, or becoming more recognizable outside of your local area.
• You plan to license the name. You want to create official merchandise or partner with other companies to use your band name on products and promotional materials. 
• You’re investing in your brand. You want nationwide protection so others can’t take advantage of your band’s influence. 

Here's how to go about trademarking your band's name if you decide to move forward. 

6 steps to trademark a band name

First, you should think about what you want to trademark. You can protect just the text of your band name, or you might also trademark an identifying font or graphic—such as the lightning bolt between the AC/DC logo. 

Then, you can follow these steps to start the federal trademark registration process with the USPTO. 

1. Conduct a band trademark search

Before you work on your application, you want to be sure that nobody else has already filed for use of the name. If so, the USPTO will likely reject your application. You can search trademarks on your own using the internet, though it’s recommended to work with a local attorney or use a reputable trademark search service like LegalZoom to ensure your search is thorough. 

Here’s where to start your trademark search if you do it yourself: 

• Federal trademarks. You can run an online search through the USPTO’s database to make sure that your band's name is not already the subject of an existing or pending registration. 
• State trademarks. Check state databases in areas where you perform regularly or sell goods, as any existing trademarks could affect your rights in those locations. 
• Streaming and social media platforms. Look across Spotify, Apple Music, YouTube, and popular social media sites to see if any bands use the same or similar names. 

For each search, you should look for your exact name along with variations like plurals, misspellings, and similar-sounding names. If your name doesn’t appear in the databases and won’t likely be confused with another trademark, the higher the chances the USPTO will accept your application.  

2. Consult a trademark attorney and determine the basis for filing

Although you’re not required to work with an attorney, doing so can help you avoid expensive mistakes and delays in your registration. To begin, they’ll help you determine your basis for filing (i.e., the type of application you’ll submit):

• Use in commerce. If you’re already performing live shows, selling merchandise, or releasing music under your band name, you can file based on existing commercial use. 
• Intent to use. If you haven’t used the name commercially yet but plan to soon, you can file an intent to use application to reserve the name. Still, you’ll need to eventually prove actual commercial use of the name before the trademark is official. 

If you proceed without an attorney, be sure to review the USPTO’s trademark law guide before moving to the next step. Keep in mind that the USPTO doesn’t issue refunds for mistakes, and you may also get charged additional fees for corrections. 

3. Prepare and submit the application

As of Jan. 18, 2025, all trademark applications are now filed through the USPTO’s Trademark Center (formerly done through TEAS). If you don’t work with an attorney, you’ll first create an account, verify your identity, and then locate the appropriate forms. 

Next, you can work on your application and specify the following:

• Format. “Standard character” protects your band name in any font or style, whereas “special form” protects special design elements like logos or stylized text. 
• Trademark classes. These are categories where you’ll use your band name. For musicians, this may include Class 9 (musical recordings), Class 25 (clothing), or Class 41 (entertainment services), among others that pertain to your band or music business. 

Once your application is complete, you’ll submit it through the USPTO’s online portal and pay a filing fee. Keep in mind that if you want to cover multiple classes, you will need to pay additional fees for each.

4. Get examined by the USPTO

The USPTO can take several months before they review your application, though you can check the status anytime through your Trademark Center account. During examination, a USPTO attorney will verify that your band name doesn’t conflict with existing trademarks and is distinctive enough to qualify for protection. 

If the examiner finds any issues—such as potential confusion with another band name or vague descriptions—they’ll send an “office action” for you to address. You’ll have a limited period to address their concerns and may need to submit additional evidence, clarifications, or updates to your application. 

Then, you may wait several more months (usually just over a year total) before the certificate of registration is issued. 

5. Publish the trademark

Once your trademark application clears the examination process, the USPTO will publish your band name in the "Official Gazette,” or a publication of pending trademarks. Anyone then has 30 days to oppose your trademark if they believe it infringes on their existing rights. 

If no one contests your trademark, the USPTO will issue a registration certificate after the 30-day period ends. If someone opposes your trademark registration, they must prove their case in a proceeding before the Trademark Trial and Appeal Board (TTAB), where you will have the opportunity to defend yourself. 

6. Receive your trademark registration and keep it active

If your application is successful, your band name will have legal protection throughout the United States, retroactive to the initial filing date. Successful registration enables a band to defend their brand against infringement and issue take-down notices to others who might appropriate the name, for example, on social media sites.

Still, you’ll need to meet specific maintenance deadlines to keep your trademark rights active. 

• Between the fifth and sixth year after registration: File a Section 8 "Declaration of Use" statement. Submit the fee as indicated and proof of your trademark in action (typically, a screenshot or other image file showing trademark use in the five years since initial registration).
• Between the ninth and tenth year after registration: Fill out Section 8 again and Section 9 "Application for Renewal" forms. 
• Every 10 years after: Continue to file Section 8 and 9 forms with the applicable fees to maintain your protection for as long as you use the trademark. 

After you receive your registration, be sure to set reminders or work with your attorney to keep track of these deadlines. The USPTO should send courtesy reminders to your email, but you’re still responsible for filing on time even if you don’t receive one. 

How much does it cost to trademark a band name?

The exact cost to trademark your band name depends on a few factors, including location, the difficulty of your trademark application, and whether you work with an attorney. Here’s an overview of some of the expected costs to trademark a name:

• Trademark search: $0 to $1,000 or more. DIY searches cost you nothing, but you might work with an attorney or professional service to get more thorough results. 
• USPTO filing fees: $350 for electronic applications or $850 for paper applications. Note the filing fee is per class (e.g., filing in two classes electronically would cost $700). 
• Additional USPTO fees: $100 to correct insufficient information, $200 for using the free-form text box to enter goods/services, and $200 for each additional group of 1,000 characters beyond the first 1,000. 

Trademark attorney rates largely depend on the services you need and where you work with one. For reference, LegalZoom’s Premium Trademark Registration starts at $649 plus USPTO filing fees, which comes with a federal and common law trademark search, full attorney preparation, and post-filing review if the USPTO needs more information.

Common challenges when registering a band name

It’s fair to expect some challenges when you go to register your trademark or meet the legal requirements, such as: 

• Likelihood of confusion. The USPTO will reject applications for marks that are too similar to existing ones. For example, a band called “The Rolling Boulders” probably couldn’t trademark the name since it could be confused with The Rolling Stones. 
• Descriptiveness. The most protectable band names are distinctive rather than descriptive. Think about iconic names like U2 or The Beatles—from the surface, the words have nothing to do with music. In comparison, a name like “Rock Band” would likely be rejected for being too generic. 
• Digital branding conflicts. Even if your band or stage name is available to trademark, the corresponding social media handles, web domains, or streaming platform profiles might be taken, so you should check before proceeding. 
• International protection. If you plan to tour or distribute music internationally, you’ll need to research international trademark options like the Madrid Protocol for broader protection. 
• Ownership disputes. Band breakups can lead to bitter disputes over who owns the name. If you’re in a musical group, signing with a record company, or working with managers, be sure you establish clear ownership agreements in writing. Without proper documentation, you might lose rights to the name and brand you’ve built. 

Perhaps the biggest challenge, however, is attempting to complete the trademark registration process entirely on your own. Even if you only consult an attorney for a trademark search or application review, their guidance can save you time and money in the long run. 

Plus, you can get a more predictable upfront cost when you work with LegalZoom—America’s #1 trademark filer. 

FAQs

How long does it take to trademark a band name?

You should plan for at least a year from start to finish. This includes searching for trademarks, filing the application, responding to any office actions, and waiting for final approval. However, the process can take longer depending on the USPTO’s current processing times and whether you need to submit amendments to your application.

Can I copyright the name of my band?

No, copyrights protect original creative works like your songs, lyrics, and album artwork, but not band names. On the other hand, trademark law protects brand identifiers like your name or logo that distinguish your band from others in the music industry. 

Can two bands have the same name?

It’s certainly possible that two bands can come up with the same name, especially if they’re from different regions or musical genres. However, if one band has common law rights or can prove the other is infringing on the trademark, they may be able to force the other band to change names. 

Does my band need to be active before trademarking the name?

No, your band can submit an “intent to use” application to reserve the name before you start using it in commerce. Still, you must eventually use the name commercially within six months of approval or file for an extension, which may give you up to 36 additional months to start using the trademark.

Who owns the rights to a band name?

In a typical scenario, band members share ownership of the trademark. If each member will be a trademark owner and the band has not incorporated or created some other form of business entity (for example, a limited liability company or partnership) to own the mark, you may file as joint individual applicants. Should the owners of the mark change later on, you must submit documentation to the United States Patent and Trademark Office.