Legal Question in Intellectual Property in North Dakota
Hello,
Thank you for your time. I play in a Rock Band. I am inquiring about the law in regards to using and or trademarking our Band name. We sell T-shirts and Cd's with our name on it. We are not yet a "signed with a record label" group. We are an Indie group. We have discovered over time through the internet that there are some other bands out there using the same name as us. Can we trademark the band name if it has not been trademarked yet and make the other bands stop using the name? We play in various states and eventually our goal is to play nationally. We don't want confusion for our fans in knowing which band is us online and such. How do we find out about trademarking and checking the trademarks? Can this even be done. Any advice would be very helpful.
3 Answers from Attorneys
A trademark or service mark for your band name is not a bad idea. I'd be happy to help you with this. Feel free to contact me.
Adam
You would be looking for a service mark. (This is the equivalent to a Trademark, but you are selling a service, not a product)
If you have sold shirts with your bands name in other States, then you would likely be eligible for a Nationally registered Service Mark. If however the United States Patent and Trademark office determines that you are not the first or only band using that name they may reject your application.
I would be happy to give you a free consultation, however i will be busy with a Jury Trial for about a week. If you would like to discuss this further please give me a call after the 4th of July.
The other attorneys are right on point here. A review of all facts and a personal consultation is needed. Once you federally register, you gain certain presumtpive rights that apply throughout the U.S. Prior users, however, are grand-fathered in. Consult with a trademark attorney in your area for specifics.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
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