You cannot patent a name. Names are protected under trademark law. To secure rights to a name, a trademark application must be filed with the U.S. Patent and Trademark Office (USPTO).
The Principal Register provides full trademark rights, including presumptions of ownership and validity. The Supplemental Register is for marks that don’t yet qualify for full protection but are still used in commerce.
Incontestability is a legal status available after five years of continuous use of a registered trademark. A Section 15 declaration must be filed with the USPTO to claim this status.
A standard character trademark protects the wording of a mark without regard to font, color, or style. It offers broader protection than a stylized or design mark.
USPTO filing fees typically range from $250 to $350 per class. Additional costs may apply for legal or third-party filing services.
You generally can't copyright a name. Copyright protects creative works like books, music, and art. Names and titles are typically protected by trademark law.
An "actual use" application is for marks already being used in commerce. "Intent to use" is for those not yet in use but planned for future use. Both require USPTO review.
Trademarking your logo can protect your brand identity and prevent others from using a similar design. It’s especially valuable if you use the logo in marketing or product labeling.
Yes. If your band name is used commercially—for example, on music, merchandise, or promotions—it may be eligible for federal trademark protection.
Federal registration provides nationwide protection, legal presumption of ownership, and the ability to enforce your rights in federal court. It also allows use of the ® symbol.
Use ™ for unregistered trademarks (goods), ℠ for unregistered service marks, and ® only once the mark is federally registered with the USPTO.
Common law rights are established simply by using a mark in commerce. However, they are limited to the geographic area of use and lack the advantages of federal registration.
While not legally required, federal trademark registration significantly strengthens your rights and is recommended if you do business across state lines or online.
Trademark attorneys may charge $500 to $2,000+ depending on the complexity of the case. Some third-party services offer flat-rate packages that include attorney oversight.
Some online services are reliable, but it’s important to ensure they include proper legal review. Trademark Filed is a third-party platform that provides filing assistance and connects users with licensed professionals when needed.
A trademark search helps identify potential conflicts before filing. While not required, it is highly recommended to avoid rejection or infringement issues.
Hiring an attorney is optional but can improve the quality and success of your application. Errors or weak filings may lead to delays or refusals.
A trademark protects brand identifiers like names, logos, and slogans. Copyright protects original creative works such as literature, music, and art.
IT’S TIME TO PROTECT THE ONE ASSET THAT SETS YOU APART. YOUR NAME.
