How to Trademark an Artist Name

How to Trademark an Artist Name

How to Trademark an artist name is share of our How to Trademark series. We besides cover how to copyright a stage name. You should expect total fees in the $1,500 range to do a search and file a trademark application for an artist name. Trademarking an artist or stagecoach mention is an significant legal protective covering for artists in a variety show of fields. Whether you are an actor, singer, musician, painter, sculptor, writer, or another character of artist, a hallmark can help protect your list – and your function – from misapply and misdemeanor. generally you can not copyright an artist or phase name so we discuss how to trademark a stage diagnose. The below are the basic steps to trademark an artist or phase diagnose. The most effective way to ensure that you are able to obtain your hallmark a quickly as possible is to work with an have brand lawyer from the begin. This is particularly true for a brand search. To learn more or to retain us to help, please contact us today.

Filing a Trademark Application for an Artist Name

1. Select your name

Selecting a name is more unmanageable than you might think. many artists just want to use their own name, or an artist or stagecoach identify they have already created. But these names are not constantly available. Your artist name can not be a name that is already a trademark registered to person else. It besides can not be so stopping point to a registered hallmark that the two are likely to be confused with one another .

2. Conduct a Trademark Search

The first gear footprint in acquiring brand rights is to do a hallmark search. During the application process, a USPTO lawyer will search your chosen artist appoint to ensure that it is not already registered as a trademark to person else. This research does not only look for the exact same mention. It besides looks for like names, spellings, and early trademarks that may be confused with yours. If any of these exist, your application may get a likelihood of confusion refusal. The Trademark Electronic Search System is a database maintained by the USPTO. It is a effective get down distributor point for your search, where you can see if your artist name is already a register brand. Your application can hush be denied based on names that you didn ’ deoxythymidine monophosphate determine in the TESS database. This is why it is besides significant to know how to conduct a exhaustive search within TESS and how to interpret the results you find. Remember, name with similar sounds, mis-spellings and trademarks with similar commercial impressions can result in a defense based upon a likelihood of confusion. due to common law rights, you should besides search business names and search the internet to find exchangeable unregistered uses. You will expose yourself to a claim of trademark violation if person has used a like artist name anterior to you even if they have not filed a brand application. The best way to conduct a trademark search is with the aid of an experience hallmark lawyer. Trademark lawyers conduct many brand searches. We know where to look to amply investigate any possible uses of your artist name. We besides know how to interpret search results .

3. Identify the Goods and Services and Filing Basis

When you file a hallmark application, you must identify all goods and services that you intend to be connected with your stagecoach name. Goods might include record performances, live entertainment services, paintings, sculptures, books, and early physical works of art. You should cautiously consider all potential goods and services you will use before filing your brand lotion. If you are already offering the goods or services, you can file an on actual manipulation footing. If you file an lotion on the footing that you are already using the hallmark, proof of use will be included when you file the lotion. A hallmark application can besides be filed on an purpose to use basis if you have a bona fide captive to use the trademark. If you file on the basis of an purpose to use, you will finally have to file a argument of use during the application march to prove that you have started to use the trademark. You will have six months to file a statement of Use. If you are not ready to file a affirmation of manipulation you can request a 6 calendar month extension. An Examining Attorney will review your statement of Use to ensure that all legal requirements for using your trademark have been met.

4. File the Application

When filing the application you will have to identify basic data like the trademark and the owner and address in accession to the goods and services and filing basis as mentioned above. Errors in the application can result in it being denied without a refund of your application fee. While applicants who are domiciled in the United States are not required to have an lawyer, the U.S. Patent and Trademark Office powerfully encourages applicant ’ south to hire a hallmark lawyer to handle the serve. This can save you time and money while improving the legal protections you have for your artist name .

5. Respond to any objections raised by the USPTO Examining Attorney

once your application is received by the Patent and Trademark Office ( USPTO ), it will be assigned a consecutive number. This allows you to track your application progress through the Trademark Status and Document Retrieval ( TSDR ) system. After filing your trademark lotion will be reviewed by an Examining Attorney. The Examining Attorney will check the application for errors and legal problems. He or she will besides search for conflicting trademarks. If any issues exist you will receive an office action and you will have six months to make any available corrections. Applications that are not corrected within six months will abandon .

6. Approval and Registration

When a hallmark position Examining Attorney approves your application, it will then be approved for publication in the Official Gazette. This is a weekly publication of the USPTO. It provides legal comment of your purpose to trademark your artist diagnose. This allows anyone with legal grounds for objecting to your hallmark to file a brand opposition with the TTAB. After your name is published for opposition in the Official Gazette without objections, you will receive a Notice of Allowance if you filed on an purpose to use basis. If you filed on an actual manipulation basis, your brand will register .

Other Artist and Stage Name Considerations

After filing a hallmark application for your artist name, early considerations include :

International Trademark

The USPTO has legal power in the United States, and federal jurisprudence does not extend to other countries. For this reason, you will generally not be able to enforce an american english hallmark against unauthorized custom in other countries. If you plan to do work outside the United States, you should file in that area vitamin a well. many countries are members of the Madrid Protocol which has streamlined the process of filing internationally .

Maintaining and Enforcing Your Artist Name Trademark

In arrange to keep your registration active, you must file brand renewals with the USPTO. You can check the condition of your maintenance documents through the TSDR system. It is important to stay current with all file requirements so that your hallmark does not lapse.

Filing an application is not the entirely thing you need to do to protect your hallmark. The USPTO is tasked with registering trademarks – not enforcing them. hallmark owners have a continuing duty to police their trademarks from unauthorized use. You should continually be on the lookout for unauthorized uses of your phase name and be ready to take legal action against those who are infringing on your trademark. The beginning footstep in handling infringements is normally to have us send a hallmark end and abstain letter .

Contact Us

You should expect professional fees of about $ 1000 to do a search and file a trademark application for an artist or stage mention. If you would like to hire us to do it for you, please contact us .

Related Posts