Legal Question in Intellectual Property in Texas

You may apply for TRADEMARK registration for a name. See www.uspto.gov. I recommend the trademark FAQs section to start.

Actually, what you should do first is apply for a US Service Mark registration rather than a Trademark, which can come later. For the services of a musical group, you protect the name with a Service Mark registration at the US Patent and Trademark Office. It will cost you about $500-$750 including a search and the attorney fee provided there are no complications. If your music group sells products (T-shirts, hats, glasses, pins, photos, or other merchandise) you should probably apply for a trademark. Service Marks cover services and Trademarks cover products. US service marks and trademarks last 10 years subject to certain proof of use and fees due during the 6th year of registration and can be renewed in 10 year increments for as long as the mark remains in use and the renewal forms and fees are paid in a timely manner. To cover both you may need both, and that is certainly what I recommend. Copyright is for works of art, such as the songs and lyrics of your music group, and it is automatic so you already have a copyright to the extent your group is doing original work. However, to enforce your copyright you need to register it, and that costs about $200 including attorney fee. Unlike a service mark or trademark, a copyright lasts a long time, well after you are dead and is not renewed. Since this is your first time at either trademark or copyright, you should have an attorney help you. It will be money well spent. Later, if you do more registrations, you might be experienced enough after this to do your own. But don't try that now. This protection is too valuable to mess it up. I am licensed in Texas and can help you on both of these.

I must object to Mr. Burdick's assertion here. He is usually right on, but I need to assert a different legal fact here.

"Trademark" comprises both service marks and goods marks. There is not a separate "service mark," and a "service mark" is just a "trademark" which is registered in a class(es) for rendering services.

This is defined in McCarthy's and by the USPTO. All service marks are trademarks; not all trademarks are service marks. We can certainly refer to trademarks registered for services as "service marks" for clarity, but there is not a legal distinction because all service marks are trademarks.

Perhaps the law or the terminology changes on this at some point.... (maybe prior to my practicing law)... but this is what is true now.