How to Copyright a Band Name
Determine the mark you want to register., Identify your services., Make sure that no one else has already laid claim to your mark., Identify your basis for filing a trademark application., Read the instructions for filing a new Trademark...
Step-by-Step Guide
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Step 1: Determine the mark you want to register.
A standard character format means you do not have to choose one particular font or style to register.
Instead you can register the words, letters or numbers broadly, so that you can use them in any design format.
This is the most general way to copyright your band name.
You can use the name in multiple different formats when it is registered in this way. -
Step 2: Identify your services.
The service you provide as a band is live and recorded music, so your next step is to find the proper words and code for this service.
You can do this by searching the Acceptable Identification of Goods and Services Manual.Try different combinations of keywords until you find the correct description, and then make note of the description (you will need to have it word for word) to use on your trademark application. , You can do this by searching for your mark in the U.S.
Patent and Trademark Office’s (“USPTO”) Trademark Electronic Search System (“TESS”).
Even if you have been using the name, it is possible someone else has already trademarked it.
Before going through the process make sure to double-check! Remember that you can always be creative and trademark a name that is very similar but not identical to the name you originally intended to use.
Or, you can just come up with a brand new brand. , You have two choices for your basis.
Use in commerce.
If you have already used your mark in commerce, this is the basis you should select.
Intent to use in commerce.
If you are not quite ready to use your mark in commerce, but intend to do so, you should choose the intent to use basis.
This basis will require an additional form and fee prior to registration of the mark. , Use the Trademark Electronic Application System (“TEAS”).
Step by step instructions for new applications is provided by the USPTO on the TEAS Tutorial webpage., You are now ready to file your Trademark application.
The USPTO offers convenient online filing, using TEAS.Pay close attention to the instructions provided on each page.
Failure to follow any of the instructions properly may result in your application being denied.
Begin the application when you have at least one hour free.
The application requires a lot of information and may take up to an hour to complete. , A list of the current fees can be found on the USPTO’s Current Fee Schedule page.The USPTO accepts payment by credit card, check, money order, electronic funds transfer (“EFT”), and USPTO deposit accounts., You will receive an Examiner’s Amendment letter if the USPTO modifies your applications in some way.If you agree with the change, there is no need to do anything. , You will receive a Priority Action letter if you have spoken with an examiner from the USPTO about corrections or additions that need to be made.
The letter will explain why your application is being denied or what you need to do to correct the error.
If you receive a Priority Action letter you must respond within 6 months of the date of the letter.
File a response to any letter you receive.
When the office denies an application because the applicant failed to file a required document by its deadline, the filing fee is not returned.
You can find response forms and instructions on the USPTO’s Response Forms webpage., You will receive an Office Action letter if there is a problem with your application.
If you receive an Office Action letter, you must respond within 6 months of the date of the letter.
If you receive a letter requesting that you correct information or file an additional form, do so immediately.
The USPTO has very strict deadlines and failure to file a timely response can result in your trademark being denied.
There are two types of Office Action letters
- final and non-final.
A non-final Office Action Letter notifies you of an issue for the first time.
A final Office Action letter notifies you that your response to a previous Office Action letter was not acceptable.
If you receive a final Office Action letter, you must either comply with the requirements, or appeal to the Trademark Trial and Appeal Board. , If you receive a suspension letter it could mean that the USPTO is waiting for the disposition of a cited prior pending application to be determined or that it is waiting for an assignment of ownership to be recorded.
You do not need to respond to a Suspension letter. , The USPTO recommends that applicants check the status of their application every 3-4 months after filing and anytime the applicant files a response to a letter or inquiry.
There are two ways to check on the status of your application.
Search the Trademark Status & Document Retrieval databaseprovided by the USPTO by entering your serial, registration, or reference number in the box and clicking the ‘status’ button.
Call the USPTO.
You can call to check on your application between 8:30 a.m. and 8:00 p.m.
Eastern Standard Time (“EST”).
Simply call (571) 272-9250 or (800) 786-9199 and request a status check. , You can find forms for responding to letters or notices after your registration is complete on the Registration Maintenance, Renewal, and Correction forms webpage provided by the USPTO. , After successfully registering a trademark with the USPTO, one must maintain the registration by filing a Section 8 Declaration between the 5th and 6th year after the registration date.
If the Declaration is not filed in a timely manner, your registration will be cancelled.
The USPTO does not issue a reminder of this deadline.
Filing the Declaration will require that you pay a filing fee, which as of July, 2013 was $100 per class of goods or services. -
Step 3: Make sure that no one else has already laid claim to your mark.
-
Step 4: Identify your basis for filing a trademark application.
-
Step 5: Read the instructions for filing a new Trademark application.
-
Step 6: File your Trademark application.
-
Step 7: Pay the filing fee.
-
Step 8: Watch for an Examiner’s Amendment.
-
Step 9: Watch for a Priority Action.
-
Step 10: Watch for an Office Action letter.
-
Step 11: Watch for a Suspension letter.
-
Step 12: Follow up on the status of your application.
-
Step 13: Respond to any post registration notices.
-
Step 14: Maintain your trademark registration.
Detailed Guide
A standard character format means you do not have to choose one particular font or style to register.
Instead you can register the words, letters or numbers broadly, so that you can use them in any design format.
This is the most general way to copyright your band name.
You can use the name in multiple different formats when it is registered in this way.
The service you provide as a band is live and recorded music, so your next step is to find the proper words and code for this service.
You can do this by searching the Acceptable Identification of Goods and Services Manual.Try different combinations of keywords until you find the correct description, and then make note of the description (you will need to have it word for word) to use on your trademark application. , You can do this by searching for your mark in the U.S.
Patent and Trademark Office’s (“USPTO”) Trademark Electronic Search System (“TESS”).
Even if you have been using the name, it is possible someone else has already trademarked it.
Before going through the process make sure to double-check! Remember that you can always be creative and trademark a name that is very similar but not identical to the name you originally intended to use.
Or, you can just come up with a brand new brand. , You have two choices for your basis.
Use in commerce.
If you have already used your mark in commerce, this is the basis you should select.
Intent to use in commerce.
If you are not quite ready to use your mark in commerce, but intend to do so, you should choose the intent to use basis.
This basis will require an additional form and fee prior to registration of the mark. , Use the Trademark Electronic Application System (“TEAS”).
Step by step instructions for new applications is provided by the USPTO on the TEAS Tutorial webpage., You are now ready to file your Trademark application.
The USPTO offers convenient online filing, using TEAS.Pay close attention to the instructions provided on each page.
Failure to follow any of the instructions properly may result in your application being denied.
Begin the application when you have at least one hour free.
The application requires a lot of information and may take up to an hour to complete. , A list of the current fees can be found on the USPTO’s Current Fee Schedule page.The USPTO accepts payment by credit card, check, money order, electronic funds transfer (“EFT”), and USPTO deposit accounts., You will receive an Examiner’s Amendment letter if the USPTO modifies your applications in some way.If you agree with the change, there is no need to do anything. , You will receive a Priority Action letter if you have spoken with an examiner from the USPTO about corrections or additions that need to be made.
The letter will explain why your application is being denied or what you need to do to correct the error.
If you receive a Priority Action letter you must respond within 6 months of the date of the letter.
File a response to any letter you receive.
When the office denies an application because the applicant failed to file a required document by its deadline, the filing fee is not returned.
You can find response forms and instructions on the USPTO’s Response Forms webpage., You will receive an Office Action letter if there is a problem with your application.
If you receive an Office Action letter, you must respond within 6 months of the date of the letter.
If you receive a letter requesting that you correct information or file an additional form, do so immediately.
The USPTO has very strict deadlines and failure to file a timely response can result in your trademark being denied.
There are two types of Office Action letters
- final and non-final.
A non-final Office Action Letter notifies you of an issue for the first time.
A final Office Action letter notifies you that your response to a previous Office Action letter was not acceptable.
If you receive a final Office Action letter, you must either comply with the requirements, or appeal to the Trademark Trial and Appeal Board. , If you receive a suspension letter it could mean that the USPTO is waiting for the disposition of a cited prior pending application to be determined or that it is waiting for an assignment of ownership to be recorded.
You do not need to respond to a Suspension letter. , The USPTO recommends that applicants check the status of their application every 3-4 months after filing and anytime the applicant files a response to a letter or inquiry.
There are two ways to check on the status of your application.
Search the Trademark Status & Document Retrieval databaseprovided by the USPTO by entering your serial, registration, or reference number in the box and clicking the ‘status’ button.
Call the USPTO.
You can call to check on your application between 8:30 a.m. and 8:00 p.m.
Eastern Standard Time (“EST”).
Simply call (571) 272-9250 or (800) 786-9199 and request a status check. , You can find forms for responding to letters or notices after your registration is complete on the Registration Maintenance, Renewal, and Correction forms webpage provided by the USPTO. , After successfully registering a trademark with the USPTO, one must maintain the registration by filing a Section 8 Declaration between the 5th and 6th year after the registration date.
If the Declaration is not filed in a timely manner, your registration will be cancelled.
The USPTO does not issue a reminder of this deadline.
Filing the Declaration will require that you pay a filing fee, which as of July, 2013 was $100 per class of goods or services.
About the Author
Laura White
Enthusiastic about teaching hobbies techniques through clear, step-by-step guides.
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