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You trademark your band name by filing a trademark application with the United States Patent and Trademark Office (USPTO). To get a trademark for a band name, you can file a trademark application with the United States Patent and Trademark Office (USPTO).
Head over to the USPTO website and check for registered or pending trademarks. If you don't find anything that resembles your band name, you're in the clear! Be sure to check for similar names and misspellings. Choosing a name that's too close to someone else's can cause problems.
Names, including the name of a band, do not qualify for copyright protection. Copyrights protect creative works like songs, movies, and books. Names that cannot be copyrighted. The way to protect a name, including the name of a band, is with a trademark.
You can establish rights in your band's name without a trademark, through the simple use of the name. However, absent a federal trademark registration, your rights in a mark are limited geographically to the scope of your reputation.
Typically, the issue of who owns the band name is dealt with in the Band Agreement. Often a leaving member will forfeit their rights in the name when they leave the band. In such a situation, the remaining members can continue using the name.