Here's Why Musicians Should Consider Trademarking Their Names

As a musician, you may be aware of your copyright protections which are part of IP rights that offer protections for creative works of art like music and lyrics. And you may not need anything to secure these rights because they apply by default to the author of the work of art. 

However, as your popularity grows and you start looking at your music career as a business, you may also want to get exclusive rights to your name. But you could wonder if it is worth the effort. 

This guide highlights the benefits of getting exclusive rights to your stage name through trademarking it and can be an excellent read if you want to learn more. 

Understanding Trademark Protections

Like copyright, trademark protection is part of IP laws that cover a brand's identifiers such as logos, slogans, brand names, and blog names. A trademark right holder gets exclusive rights to their trademarks and the legal authority to stop others from using them. 

They can even go as far as suing infringers for damages if the infringement results in financial loss. When used on goods, it helps distinguish one producer's goods from their competition and prevents confusion from other entities using their identifiers to sell their products. 

As a musician, your brand identifier is your stage name. Carrying exclusive rights to it eliminates confusion, and your audiences can be sure that you are what they get if your name is used in any form of marketing.

Why Trademark Your Name

Creating a name in the crowded music industry doesn't come easy. According to industry statistics, only one percent of musicians make it to the top 40 charts. So if you have, count yourself among the best, and you have every right to cash in on your efforts. But other artists may want to cash in on your fame by using similar names, and the only way to stop them is if you have trademarked your name. 

The music industry is more than making music. You may want to use your name on merchandise while preventing others from doing so. You can sell your licenses to other entities if you can't make or sell the merchandise yourself.

Trademarking your stage name also gives you the right to use the registered trademark symbol alongside your name, which can work great for your brand image. This article on grasping the concept of trademark symbols may be worth looking at to learn more about the different trademark symbols and where you can use them.

The Registration Process

Countries have different entities for trademark registration. In Canada, trademark applicants must go through the Canadian Intellectual Property Office (CIPO). In the US, IP rights registration is handled by the United States Patents and Trademarks Office (USPTO). 

The first step in the trademark registration process is determining if your name is eligible for registration by conducting a trademark search on your country's trademark database. Also, you will need to check the international database to ensure your preferred name is not registered in another country. 

Once you are sure that your name is available for registration, you must pay the applicable fees to register the name in your country. 

Scope of Protections

Trademark protections are limited to geographical boundaries. So, if you register your name in Canada, you can only enforce your rights in Canada. If you want global protection, you may have to register your name with the World Intellectual Property Organization (WIPO), which offers global protection.

Once registered, trademark rights run for a renewable term of 10 years allowing owners to own the right to their names for as long as they intend to as long as they pay the service fee.