After years of schlepping, you and your band have finally nailed it with a hit single and a killer album to follow up. Your manager has shows lined up across the country for the next six months and is all over your social media accounts like maple syrup on a pancake. And you’ve been mass-mobbed at least once grocery shopping at Coles.
If you’re a successful band or have ambitions to become one, you’ll know from years of admiration that KISS!, Cold Chisel, Nirvana and Parkway Drive are instantly recognisable from their band name or logo (leaving to one side their music). It’s undisputed that each one of their millions of fans loves their music. But, aside from their cult following, they all have a common thread – their band’s brand notoriety and recognition. That brand is united under a name or logo and for any band, it’s a smart idea to trademark their name or logo.
Trademarking – Discouraging the Imitators
We are all familiar with the adage that copying is the highest form of flattery. But in the music industry, copying is theft. Trademarking your unique band name adds a layer of protection and gives you rights to prevent another band from copying your name.
It’s all About the Merch!
If you start building a following, you should become familiar with seeing your face emblazoned on anything from t-shirts to Halloween costumes. And with the increased use of legal streaming sites, it is commercially savvy to generate profits from the sale of branded merchandise. Trademarking your band’s name will ensure that you’re able to sell branded merchandise.
Protect your Domain Name and Social Media Profiles
Commonly, people ask whether or not they need to trademark if they have already purchased a domain name. Buying a domain name only means that no-one else can use that exact domain name, but it doesn’t prevent others from marketing their product or service (or band) using your chosen name unless you have a registered trademark.
By registering a trademark, this adds a much stronger layer of protection to the domain name you have purchased and the social media presence you have created.
Trademarking your band name prevents pesky imitators, helps you profit from your success and protects other ways you express your brand. Trademarking helps you secure your unique identity as personified in your band name and logo. If you have any questions, it’s a great idea to soundboard these with a trademarking lawyer who can step you through securing yours.