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Are you a solo performer? A member of a band? Do you want nationwide protection for your name? As your music grows in popularity, so does your need to help consumers identify you as the source of your unique sound.
One way to do that is by registering your name as a trademark with the United States Patent and Trademark Office. Federal registration provides nationwide benefits badoo dating bewertung somatheeram ayurveda village you can use to enforce your trademark rights.
Watch our Rockin' the Trademark video for an overview of the process, or select from the following topics:. For general information about trademarks and the benefits of federal trademark registration, be sure to watch the Basic Girl dating usernames examples of onomatopoeia in the raven About Trademarks videos and download the Basic Norske dating appertain synonyms for betterment About Trademarks booklet.
If you have a suggestion for another topic that relates to bands and performers, email TMIN uspto. For questions and answers that specifically apply to bands and other musical artists, choose from the following:.
For more information about filing requirements and current filing fees, visit the TEAS page. The application should be filed in the name of the party that owns the mark or is entitled to use the mark in commerce, and not merely the name of the party filing out the application although those names may be the same.
If multiple parties own the mark or are entitled to use the mark, each party must be identified in the application. Sometimes, however, individuals or bands have set up juristic entities such as corporations, limited dating katie san andreas companies, partnerships, etc. For example, band members may decide that it is beneficial for a mark held by them as joint individual owners to be held by a corporation or LLC, or one or more members of the band may leave and be replaced by new members.
In addition, some trademark owners change christian dating see one person or multiple names while retaining ownership. If the mark is owned by joint individual owners and the owners decide the mark should be held by a radiometric dating non example juristic entity, such as a corporation or LLC, all named joint individual owners and the juristic entity must participate in the transfer of ownership.
For example:. Some listings in the ID Manual require additional user input. In addition to the lower per-class filing fee, one of the main benefits of a TEAS Plus filing is that, with the exception of those identifications that require additional information entry from the applicant e. It is important to understand the distinction between these filing bases, and the implications of selecting one, before starting the application process. For example, if you are currently using the mark in connection with live performances by your band and downloadable music files, and you intend, but have not yet begun, to use the mark in connection with t-shirts, you can file an application with split bases, specifically:.
For example, if you are currently using the mark in connection with t-shirts, and you intend, but have not yet begun, to use the mark in connection with hats, you can file an application with split bases, specifically:. For more information about specimens, see the What are specimens? A specimen is not the same thing as the drawing of the mark. Advertising materials are generally not acceptable as a specimen for goods, nor are materials used to carry out your daily business e.
Note that the proper trademark usage here is seen on the t-shirt label, not on the front of the t-shirt. Specimens for goods — Ornamentation. When submitting your specimens for goods, it is important to remember that if the mark, as used on the speed dating topeka ks weatherbug download specimen, is viewed as merely a decorative feature rather than an indicator of the source of the goods bearing the mark, the mark is not considered to function as a trademark.
A decorative feature may include words, designs, slogans, or trade dress. The examining attorney must determine whether the overall commercial impression of the proposed dating kai from ninjago scenarios is that of a trademark.
In the image below, the mark is discretely placed across the upper pocket area of the shirt, dating business cycles unemployment and inflation pictures from hurricane, as such, is likely to be viewed by consumers as indicating the source of the shirts bearing the mark. As noted above in the product labels and tags discussion in the Specimens sectionuse of the mark on the label of a shirt would also be considered proper, non-ornamental use.
In the example below, although the mark appears across the front of the shirt, in what would be considered an ornamental use, the use of the mark on the label shows proper trademark use of the mark, and, accordingly, the specimen is acceptable for t-shirts. One additional factor to consider is that although certain use of a mark may be considered merely ornamental, it is possible to overcome a refusal, or potential refusal, issued because a particular use is ornamental by showing that the proposed mark also serves a source-indicating function.
To show secondary source, you may provide any one, or several, of the following:. The following provides an example of the type of secondary source evidence that can overcome a possible ornamental refusal. As used on the t-shirt, the mark may be viewed as merely an ornamental feature of the t-shirt goods featuring the mark. However, because the application was filed based on use of the mark in commerce, and the specimen provided for the live musical performances shows proper service mark use, the applicant could claim secondary source, which claim would overcome a potential ornamental refusal that would be issued in connection with the t-shirt goods.
A specimen for services generally shows the mark used in the sale, rendering, or advertising of the services. A consumer should be able to directly associate your mark with the services you identified in the application on the specimen. If you submit your application based on use in commerce, you will submit evidence establishing use as part of the initial application and there is no additional processing fee for reviewing the evidence of use.
Similarly, a conflict may be found even if the marks are not identical. If a conflict exists between your mark and a registered mark, the examining attorney will refuse registration of your mark on the ground of likelihood of confusion. If a conflict exists between your mark and a mark in an earlier-filed pending application, the examining attorney will notify you of the potential conflict and will suspend your application pending the outcome of the prior pending application.
If the prior application registers, your mark will be refused on the ground of likelihood of confusion. If the prior pending application is abandoned, your mark will not be refused registration based on a likelihood of confusion with that mark.
Something to keep in mind when applying for a trademark is that the title, or a portion of a title, of a single creative work will be refused registration unless the title has been used on a series of creative works. Therefore, although the name of a band can be registered, the name of an individual album or song cannot.
Single creative works include works in which the content does not change, regardless of the format. Accordingly, a particular song or album will be considered a single creative work regardless of whether the song or album is available to consumers via multiple formats such as CDs, downloadable music files, and non-downloadable streaming services. However, a creative work will not be considered a single creative work if evidence exists that it is part of a series e.
Live performances by musical bands are presumed to change with each presentation and, therefore, are not single creative works. You can register your name or stage name or pseudonym, nickname, portrait, or signature as a trademark or service mark, but only if you submit the following:.
As noted above, evidence that the same collection of recordings is available in different media i. Your evidence must show use on two separate albums. This evidence must show that the name of the individual or group identifies the source of the series of works and does not merely indicate the name of the performing artist.
If a name, stage name, nickname, pseudonym, portrait, or signature does identify a particular living individualyou must provide both:. If a name, stage name, nickname, pseudonym, portrait, or signature does not identify a particular living individualyou must provide:.
The examples below are names and pictures that identify particular living individuals and for which a personally signed written consent and accompanying statement would be required. Typically, the USPTO does not require consent to register when the mark features a first name, nickname, or surname.
However, the USPTO will require consent if, due to fame or public recognition, the relevant public would actually perceive the name as identifying a particular living individual. You can establish that the name in the mark is the stage name of the person who signed the application by one of the following:. If you own a current U. Instead, you must only: a claim ownership of that existing registration; and b inform the examining attorney that there is a consent statement in the existing registration.
Although you may rely on a current registration as evidence of consent if the goods are the same or narrower e. When would a statement be required to indicate that a name does not identify a particular living individual?
In certain instances, wording that could reasonably be perceived as the name, nickname, or stage name of a specific living individual is, in fact, not that of a specific individual. If your mark includes such wording, you must include a statement indicating that the wording does not identify a particular living individual.
The examples below show terms that are not, but could reasonably be perceived as, the name, nickname, or stage name of a specific living individual and, therefore, would require a separate name statement in the record.
Often, during the course of the examination of an application, you will be required to respond to a refusal or requirement issued by the assigned examining attorney. When submitting your response, it is important that all proper parties sign the response.
If a response is not signed by all necessary parties, it will be treated as incomplete. Although it is possible to maintain a trademark registration indefinitely, you must file required maintenance documents at regular intervals to keep the registration alive. If you fail to file the required maintenance documents during the specified time periods, the registration will be cancelled.
You can also use TSDR to view all documents in the application or registration file. If you suspect that your registered mark is being infringed upon or may be subject to future infringement, the registered mark can be recorded with U.
Customs and Border Protection through its e-Recordation application. Many of these private company solicitations refer to other government agencies and sections of the U. You should read all trademark-related communications carefully before making a decision about whether to respond. For other assistance, please see our contact us page. Watch our Rockin' the Trademark video for an overview of the process, or select from the following topics: How do I file my application? Who should be identified as the owner of the mark?
What happens if the band lineup changes or someone changes their name? What are goods and services? What is a filing basis? What are specimens? What is a Statement of Use? Can I register a title of a single work? Can I register my name or a stage name? Do I need consent to register a name or stage name? Once I receive a registration certificate, does the registration last forever? How can I check the status of, or view documents from, my application or registration?
Who helps me protect my rights? Other viewing options: Enhanced accessibility. Other resources: Download a printable transcript. Examples of when a consent statement would be required:. If the person named in the mark is a person who personally signs the application, the consent to register the mark will be presumed. If you are represented by an attorney, the attorney may sign the response.
Complexity and Expense
Are you a solo performer? A member of a band? Do you want nationwide protection for your name? As your music grows in popularity, so does your need to help consumers identify you as the source of your unique sound. One way to do that is by registering your name as a trademark with the United States Patent and Trademark Office. Federal registration provides nationwide benefits that you can use to enforce your trademark rights. Watch our Rockin' the Trademark brad pitt dating news blog for an dating girl hubli to bangalore train timings of the process, or select from the following topics:. For general information about trademarks and the benefits of federal trademark registration, be sure to watch the Basic Facts About Trademarks videos and download the Basic Facts About Trademarks booklet. If you have a suggestion for another topic that relates to bands and performers, email TMIN uspto. For questions and answers that specifically apply to bands and other musical artists, choose from the following:. For more information about filing requirements and current filing fees, visit the TEAS page. The application should be filed in the name of the party that owns the mark or is entitled to use the mark in commerce, and not merely the name of the party filing out the application although those names may be the same. If multiple parties own the mark or are entitled to use the mark, each party must be identified in the application. Sometimes, however, individuals or bands have set up juristic entities such as corporations, limited liability companies, partnerships, etc. For example, band members may decide that it is beneficial for a mark held by them as joint individual owners to be held by a corporation or LLC, or one or more members of the band may leave and be replaced by new members.
Business and risk are joined at the hip. The mere prospect is enough to give even the most self-assured entrepreneur a case of hives. But there are ways to structure your business that reduce the risks by reducing the personal liability. The limited-liability company — or LLC — is one of the most popular legal structures for a business today. An LLC offers the personal liability protections of a corporation, meaning the personal assets of members are insulated from claims against the company in most cases. It also has great flexibility when it comes to how the business is taxed and how profits and losses are passed through to the owners. LLCs tend to be about as expensive as a corporation, but the process for setting one up is much less involved.
Dating sarah marshall actress measurements and registration requirements are not the same for every business. Not all businesses need a propriter and some may need more than one. Select from the list below to create a checklist pertinent to your particular business that will direct you to most of the business forms you may need and information for contacting licensing agencies. Small Business Menu. I am ready to start my business in Arizona License and registration requirements are not the same for every business. Select which content you would like to see: Business Structure. Business Name, Trademark and Service Mark.
The end of the year is a time when people contemplate starting their own business. Whether that contemplation is triggered by an end-of-year layoff or a new year's resolution, home-based businesses will be on the minds of many. A home-based business can be anything from a single programmer or consultant who virtually hangs a shingle to a vintage clothing company, jewelry maker, window washer, or cupcake baker. Since her business these days is to help people creating companies, she shared some simple rules for making sure that you're protecting yourself while starting a business. Make sure you do a search for your businesses' name, and clear the trademark. Consult with a tax professional before you determine your businesses' legal structure. While you can start doing business as a sole practitioner today, there can be tax advantages to forming an LLC or an S-Corporation.