Musician Forum - Band Discussion Board - BandMix

Ok, I've been looking into this a little bit, and it looks like there's a seperate fee just for a Trademark Search? So if I have an original band name, how much would it cost to actually own(Trademark) the name? Someone told me about $1,000 before. Is that true!? Is a Trademark robbery or was I just misinformed?

Hi Krul morning.
not here where I am you just need to register the name with your local township after doing the necessary search. There is a fee of 55 bucks I think here. I'm sure it won't be much different where you are? It's the same as if you wanted to start your own record label too.

The actual trademark might be different but since the name will be a business in any case I would think you would need a trademark? Anyone else?

Kruliosis wrote:Ok, I've been looking into this a little bit, and it looks like there's a seperate fee just for a Trademark Search? So if I have an original band name, how much would it cost to actually own(Trademark) the name? Someone told me about $1,000 before. Is that true!? Is a Trademark robbery or was I just misinformed?

Mornin' Chippy.

Kruliosis wrote:Ok, I've been looking into this a little bit, and it looks like there's a seperate fee just for a Trademark Search? So if I have an original band name, how much would it cost to actually own(Trademark) the name? Someone told me about $1,000 before. Is that true!? Is a Trademark robbery or was I just misinformed?

Between the expense of a search and the filing fees, that's probably accurate. It's not cheap, but it's important to have.

Get more information HERE:

http://www.uspto.gov/faq/trademarks.jsp

Thank you sir! Oh man, that is a good chunk of change. Time to get a piggy bank.

Kruliosis wrote:Thank you sir! Oh man, that is a good chunk of change. Time to get a piggy bank.

Not a problem brother.


And, yes, it ain't cheap, but I've learned the hard way, that you can't really put a price on peace of mind! If your project is worth protecting, it is worth the price.


A few things to think about, both ways...


- If the band name is far less important than the music, then you can always change the band name. Rock band "Flyleaf" was originally called "Passerby", but after they were signed, a trademark search showed that the name was already taken, and the label changed their name to Flyleaf. Didn't seem to hurt their success at all, and Flyleaf was a cooler name anyway.

- On the other hand... If you have developed a great name, and a large enough following, and PARTICULARLY... if you have a good logo and merch with that name on it, then... you may want to protect that name, or else you may have to BURN all that merch you just bought, for resell!

Kruliosis wrote:Ok, I've been looking into this a little bit, and it looks like there's a seperate fee just for a Trademark Search? So if I have an original band name, how much would it cost to actually own(Trademark) the name? Someone told me about $1,000 before. Is that true!? Is a Trademark robbery or was I just misinformed?

Do you have a band that is touring/recording? Do you have product?

Lawyers love dreamers.

It's really a trvial pursuit to waste money on trademarks and copyrights.

Odds are 1 in 10,000 that it will matter.

Edit: But please don't let that stop you. Lawyers need to eat too.

lol Peace sells buy who's buying?

jimmydanger wrote:It's really a trvial pursuit to waste money on trademarks and copyrights.

.
Yeah - maybe for you.

Oh careful, careful, I can see round 2 brewin'.

And that ain't corn liquor.. lol

Yeah, well, the name that I have in mind is worth the money, not off-the-wall, and not cliche' either.

Maybe some "dreamers" like me value their ideas with plans on using them. "Dreamers" like me are also realistic enough to know that some people out there have no shame in taking someone else's ideas. A Trademark to me is insurance.

Kruliosis wrote:
Maybe some "dreamers" like me value their ideas with plans on using them. "Dreamers" like me are also realistic enough to know that some people out there have no shame in taking someone else's ideas. A Trademark to me is insurance.

Insurance... Perfect way to put it brother!

If I had gotten that "insurance" I would still have my band, and we would have been playing $1500 to $2500 gigs pretty regularly by now! It is because one of the losers in my old band STOLE my band name, that the others followed his lead. They were stupid enough to believe there was some kind of "power" in the band name... forgetting that it was MY SONGS, MY MARKETING and MY HARD WORK more than anything else, that had brought the band to where it was.

But they were right in one sense... It "DID" have power... Power to destroy. But... had I just trademarked the damn thing myself, and maintained control over it, NONE OF THEM would have tried to pull what they did. I would have held 'ALL' the cards then, and we would still be a SUCCESSFUL working band, whereas now... I am a solo artist for now, and they are a lame cover band, who can't get a decent paying gig to save their lives (one of them has been spilling the beans to me lately)

So yes... GET THAT INSURANCE if you value your band, and believe it has potential.... Not just to be famous, but even if it can be successful locally and regionally... making decent money... It's worth protecting!

Eh...just come up with a name that no one would have the cojones to steal, like I did when I named that band "Funk Me, Fester!"

I can still hear the audience chanting "F*ck Me, Fastar...F*ck Me Faster!"

philbymon wrote:Eh...just come up with a name that no one would have the cojones to steal, like I did when I named that band "Funk Me, Fester!"

I can still hear the audience chanting "F*ck Me, Fastar...F*ck Me Faster!"

The only problem, with -ANY- alternative to LEGALLY protecting your name and image, is that ANYONE can still copy it, use it, sell it, etc... You can't stop anyone from printing T-Shirts or Posters with YOUR BAND NAME on them, and not giving you a penny for the priveledge.

And while, Jimmy is right about how high the odds are AGAINST success, still... reasonable success (being paid to play out regularly - selling your own album at gigs) is within ANYONE'S reach, with some seriousness and hard work. And history always bears out, that when something is INVESTED in, everyone doing the investing, takes it more seriously. So, a side bonus to paying a cost like this to protect your band name and image, is that everyone involved TAKES IT ALL MORE SERIOUSLY... they feel they have a bigger STAKE in it, and are not in as much of a hurry, to walk away from that investment!