Protecting Merchandise Income
1. Band Name
The very first thing that every single band should register is their name. You can trademark your band’s name yourself by going to USPTO.gov. It takes about 6 months to a year to register. It is much easier and faster to protect your merchandise in the future against counterfeiters if you trademark your band’s name.
2. Album & Song Names
The second thing your band should file for trademark is the names of your albums and song titles. Album names are very common for people to copy, especially on apparel. If you own the trademark to the name of your album, you can stop others from selling merchandise with the name of your album on it. In addition to the name of the album, it is just as important to file trademarks for the name of your songs.
It is critical to file the lyric of your songs for trademark. This includes lyrics that define that specific song your band is known for or that defines who you are as a band. If there are certain lyrics you wrote that you think other people would put on a t-shirt and sell, you can prevent this by filing for trademark protection.
4. Logo / Artwork
The fourth thing you should file for is the band’s logo or album artwork. This is crucial because a majority of bands have some sort of logo that they identify themselves with and that other people know them as. If you want to prevent someone from using your logo, file for trademark. The money made off of sales of shirts using your logo or band name is money that you are entitled to.
5. Band Members’ Names
A band should file for trademark protection for each member’s name. It is pretty common for someone to put a name or picture of you on a clothing item. Through trademark protection, you can protect your name and picture similarly. Generally, you need a letter of consent from the band member to register your name for trademark. In order to do so, the band should work together by giving each other consent.
Bands & musicians should trademark the above to protect themselves from counterfeiters and the potential loss of sales.
Rosenbaum Famularo, PC, is a law firm geared towards intellectual property and brand protection in the global ecommerce marketplace.
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