General Music Chat

@phil - those band names are hilarious man - totally wrong lol.

We trademarked ours guys only because we had been screwed once already - we performed for about a year under a name, only to find out someone had a trademark in place that we couldn't use that work on any clothing apparel - sorta kills the shirt sales. We've already made back the trademark fee in shirt sales... so over time it's worth it. I'd say only do it if you think you have a shot of actually going somewhere... every garage band playing 2 shows a summer probably doesn't need to spend the dough on it.

Prevost,

I completely understand what you are saying brother, and maybe even in most people's situations, you may be right, but can you appreciate my point too...

That there are NUMEROUS reasons why it could be beneficial to have a Trademark? It's not always about BIG COMPANIES ripping you off, but sometimes it is insurance against unscrupulous band members, or former band members. When people (normal people - not millionaires) see a Trademark listed with the OFFICIAL GOVERNMENT TRADEMARK OFFICE, most of them, maybe even all of them, will respect that, and not push the law, and take that kind of risk. Big fines are imposed these days, for such behavior, especially when it is KNOWINGLY infringed upon.

Not only that, but then the name comes up in a SEARCH of the government database, which would prevent most others from even trying to register the name.

I think this is especially helpful for the BAND FOUNDER who may intend to keep his project going, no matter how many musicians come and go, over the years. This gives him continuity and a reasonable expectation, that others won't try and copy his band's name... even if they were former members who believe they have some right to it.

In any event, I know what it cost ME PERSONALLY in not having Trademarked the name I created. So, for anyone else, looking to avoid such a fate... I HIGHLY RECOMMEND YOU GET IT TAKEN CARE OF, if you want to keep the name for awhile!

LISTEN UP HATERS:

Look, I don't know if my band will "make it", which is such a loosely used term anyways. Everyone has their own definition of satisfactory success.

I plan on playing music for 10+ years so why not own the team name? Why risk getting a good idea pulled from you? Every band I was in eventually lost the name because no one cared.

If anyone leaves this band, I can get a replacement easier then because I have a reputable name to fish with. If I would have done this before(TM) I probably wouldn't be scouring for musicians again. It's not just business, it's social too.

If I'm even a compitent indie artist that makes good studio albums and has been playing/touring around for a while, then how would going to court against some head honcho be costly? Legal is legal. I've never heard of anyone losing a TM in court.

Some people in here are just too negative.

Oh yeah, spending a big wad of $$$ like this would make me push a little harder to get with it.

If anyone leaves this band, I can get a replacement easier then because I have a reputable name to fish with.

Good point.

I know, with my former band, after the first year even, people regionally began to know the band name... more people began saying "Oh yeah, you're with those guys? I heard of ya'll before, been meaning to check you guys out some time!"

It was MUCH easier to get people interested in auditioning, once the name built up locally very well. At that point, MANY musicians wanted to be a part of our band!

When your name gets more popular, it is easier to get replacement musicians and also GIGS! But those thousands who knew the "old name" have to be updated or won over, all over again, when they didn't realize the band had to change names, because no one had ever bothered to protect the name on some level.

I hear ya. You know, even if I used my old band names today, all would be forgotten pretty much. Seems every band I was in fizzled out right when the buzz was happening.

Some may say it's crazy, but I think it's cool to start over again and see how things grow. Thank God I didn't get the popularity of someone who would now be considered a "has-been" for coming back. My reputation isn't marred yet.