Your brand, name, and image are assets worth protecting. Trademarks are a key piece of that protection.
For many musicians, artists, music managers, and labels, building a strong brand is just as important as the music or art itself. Whether you are an independent artist or signed under a label, your name, image, and brand are what set you apart. With social media, streaming, and AI generated music gaining popularity and attention, protecting your brand is essential to staying recognizable and unique.
Copyright vs. Trademark Protection
Musicians and artists benefit from two main types of legal protection: copyright and trademark.
Copyright law protects the artist’s original songs, recordings, and written works. It prevents others from copying their original creations and gives the copyright holder the exclusive right to distribute and monetize them.
Trademarks protect the artist’s name, logo, or brand image that the audience connects with. Registering a trademark helps protect that identity. The trademark will help protect your brand or image from being misused or infringed on in a way that could confuse your audience or weaken your brand’s distinctiveness. Ensuring that when people see your stage name, logo, album title, album artwork or any other identifying branding, they know it’s you.
(Trademark tip: The title of a single creative work, such as one album or song, isn’t registrable as a trademark unless it’s used across a series of works.)
How Trademark Rights Work
In the U.S., trademark rights are governed by the Lanham Act, which allows trademark owners to take action against anyone using a name or logo that is likely to cause confusion. These laws help ensure that your audience is not misled and that your brand remains clearly associated with your music and creations.
Artists and labels gain trademark rights through use and registration. Using a stage name, logo, or other identifying mark in commerce can establish what is known as “common law” rights. But federal registration through the United States Patent and Trademark Office (USPTO) gives stronger legal protections. It confirms your ownership and makes enforcement of your trademark rights stronger, giving you a basis to stop unauthorized use.
Preparing to Register Your Trademark
Before filing, it’s important to conduct a comprehensive trademark search to make sure your stage name or logo is not already in use. A comprehensive preliminary search helps prevent a refusal and avoid conflicts and streamlines the application process.
To qualify for registration, your mark must be distinctive and used in connection with specific goods or services, such as digital music, live performances, or merchandise. The application requires detailed information about the mark, the owner, and how it is or will be used in commerce.
You will also need to show proof of use which could include photos of your name or logo on merchandise, screenshots of your music being sold on online platforms, or evidence of sales or promotion in connection with live events or performances.
Our team is available to discuss strategies for protecting your name, image, and brand through trademarks and related intellectual property protections. If you have any questions, please do not hesitate to reach out to our team to discuss.
