Trademarking Your Artist Name

Why your artist name needs trademark protection, how to file, and what it actually covers.

Your Artist Name Is Your Brand

Copyright protects your music. Trademark protects your name, logo, and brand identity. They are completely separate legal concepts, and many artists make the mistake of assuming copyright protection covers everything. It doesn't.

If you perform under an artist name, have a recognizable logo, or run a business under your name, you need to think seriously about trademark protection — especially before you blow up. The music industry is full of stories of artists who built a career around a name, only to have someone challenge their right to use it.

What Trademark Protects

A trademark protects words, names, symbols, logos, and combinations thereof that identify the source of goods or services and distinguish them from others. In the music context, trademark protection covers:

• Your artist name in connection with musical performances, recordings, and merchandise
• Your logo or stylized text used in marketing
• Any branded merchandise lines

Trademark does NOT protect song titles or lyrics (that's copyright territory). And it doesn't protect a name that's merely descriptive, geographic, or a common surname without secondary meaning.

The Common Law Trap

Many artists believe that using a name first gives them automatic rights. Under "common law" trademark, you do gain some rights in the geographic area where you actively use the name in commerce. But these rights are limited, hard to enforce, and don't protect you against someone who registers the same name federally.

If someone else registers your name at the USPTO (US Patent and Trademark Office) first — even if you used it first — you could be forced to rebrand. That's an expensive and reputation-damaging situation.

How to Search Before You File

Before investing in a trademark application, search the USPTO's TESS (Trademark Electronic Search System) database to see if your name is already registered. Also do Google searches, check social media handles, and look at existing artists in your genre.

If your name is already in use — even without registration — you may face a challenge.

How to File

• Go to USPTO.gov and create an account
• File through TEAS (Trademark Electronic Application System)
• Choose the correct International Classes that cover your activities:

- Class 41: Entertainment services, live performances, recording

- Class 25: Clothing and merchandise

• Provide a specimen showing the mark in actual commercial use (a screenshot of your website or merchandise works)
• Pay the filing fee: $250–$350 per class

After filing, the USPTO examines the application (3–6 months), publishes it for opposition (30 days), and issues registration if no one objects. The full process typically takes 12–18 months.

Maintaining Your Trademark

Trademark registrations must be maintained. You must file a Declaration of Use between the 5th and 6th year after registration, and renew every 10 years. If you stop using the mark in commerce, you risk abandonment.

Hire a trademark attorney if the filing feels overwhelming — they typically charge $500–$1,500 per class. Given that your name is your entire brand, it's well worth the investment.

Key Takeaways

• Copyright and trademark are separate — copyright protects music, trademark protects your name and brand
• Common law trademark rights are limited and don't protect against someone who federally registers first
• Search USPTO's TESS database before filing to check for conflicts
• File under Class 41 for entertainment and Class 25 for merchandise
• The full trademark process takes 12–18 months and costs $250–$350 per class

Glossary

Trademark

A word, name, symbol, or device used by a producer to identify their goods and services and distinguish them from others.

Common Law Trademark

Trademark rights acquired through actual use of a mark in commerce, without federal registration. Rights are limited to the geographic area of use.

International Class

Categories defined by the World Intellectual Property Organization used to classify goods and services in trademark registration.

USPTO

The United States Patent and Trademark Office — the federal agency responsible for granting trademark and patent registrations.

Specimen

Evidence submitted with a trademark application showing the mark being used in actual commerce.