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Trademarking a band name might not be high on the priority list of fledgling music groups. But whether your band has aspirations of international tours or just wants to dominate the music scene in your state's college towns, it should file to trademark a US band name. Gerben Law Firm has worked with many talented musicians to help them trademark a band name, and we understand the creative, financial and personal importance of a band name.
When bands come to Gerben Law Firm and ask how to trademark a band name, we explain the process of working with the U.S. Patent and Trademark Office. Many of our clients know little about trademark applications, and we provide a free consultation with trademark attorney Josh Gerben for new clients. We want you to have as much information as possible when you decide whether to trademark a US band name.
After choosing to move forward and trademark a band name, Gerben Law Firm will handle every element of the USPTO application process. The agency requires specific information when trademarking a band name. You need to use USPTO codes for products and services to receive the proper protection for your band name. Gerben Law Firm will handle all those details when we file your application to trademark a band name. After we have finished the paperwork, all of which we can do electronically, we'll ask you to digitally sign the application and pay USPTO's filing fee.
If your band starts to sell albums or singles, you don't want to potentially lose revenue in a lawsuit from an identically named band. When you file to trademark a band name using Gerben Law Firm's services, we will check all federal databases for other bands that use identical names. If we find bands that hold an active trademark, we'll let you know. In addition, we'll look for groups that trademark a band name that is similar to yours. Even if the name is not identical, USPTO could reject your application if the agency's reviewing attorneys determine that the names are too similar and would confuse consumers.
Gerben Law Firm knows how to trademark a band name so that you don't waste your money with USPTO. However, trademarking a band name does not guarantee that you won't face future legal challenges. Another band that plays gigs in a specific region and establishes its presence could have legal rights to the name. Even if your group sells more albums and singles and has more fans at shows, that band could have "common law" rights to the band name. Although no one in that band might have any idea how to trademark a band name, state and local courts might grant that band regional protection to use the name.
When you trademark a band name using Gerben Law Firm's services, we can help you find existing bands that might be able to challenge you in court, even after you officially trademark a US band name. We offer a comprehensive search package for groups that want to trademark a band name. Before trademarking a band name, we highly recommend that you pursue this option because the search is far more intensive. In this search, we scour business and music industry databases to look for existing band names -- whether or not they have filed to trademark a band name. We'll provide valuable information about those results, such as location and Web sites, and trademark attorney Josh Gerben will analyze it with you during a subsequent consultation. He will explain the risks you face in trying to trademark a band name and then protect that name.
With Gerben Law Firm, you get an attorney that knows how to trademark a band name. We're sensitive to the needs of bands and the importance of their band names. We will make the process of trademarking a band name as smooth as possible while delivering as much information as possible so you can feel confident that you'll pass USPTO's inspection when you file to trademark a band name. Then you can focus on more important things -- like producing the next great album or booking a blockbuster tour.
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