Quick Answer: Why Do People Trademark Their Name?

Should I trademark my rap name?

However, a rap name is eligible for protection with the U.S.

Patent and Trademark Office.

Trademarks protect brand names and logos associated with products and services.

Therefore, a rapper would fall under the category of a performing artist who provides musical services to the public..

Why would you trademark your name?

The answer is that a registered trademark gives you the exclusive right to use your business name nationwide in connection with the goods and services you’ve identified in your registration, and allows you to enforce your trademark by filing a lawsuit in federal court.

What is the point of trademark?

The overall purpose of trademark law is to prevent unfair competition by protecting the use of a symbol, word, logo, slogan, design, domain name, etc. that uniquely distinguises the goods or services of a firm.

How long does a US trademark last?

How long does a trademark registration last? A trademark registration may remain in force for potentially unlimited consecutive ten-year periods as long as the owner meets the legal requirements for post-registration maintenance and renewal and timely files all necessary documents.

What are the 3 types of trademarks?

There are three different types of trademarks that can be registered:A word or design mark. … A certification mark. … A distinguishing guise.

Do trademarks ever expire?

Unlike patents and copyrights, trademarks do not expire after a set period of time. … Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.

Can a trademark be bought or sold?

All forms of intellectual property just like any other property can be bought, sold, inherited, or otherwise transferred. If you no longer have any interest in your registered trade mark then you may wish to consider selling the trade mark rather than simply allowing the registration to lapse.

Can two artists have the same name?

Two bands should not have the same name. Especially if both of them are or hope to be famous. Many years ago, when two young musicians Bob Bogle and Don Wilson wanted to form a band, they picked a name for it: the Versatones. When they wanted to register the name, they discovered that this name was already taken.

Does an LLC need a trademark?

If you have already incorporated or formed an LLC for your business, you should register your trademark under the umbrella of the corporation or LLC. … While the process of registering a trademark is more involved than registering a DBA, rights to your name will be enforced by both federal and state governments.

Can a name be patented?

No, It Isn’t Possible to Patent a Name To protect your brand name and logo, you will need to utilize the trademark registration service. Both patents and trademarks are registered with the United States Patent and Trademark Office. … However, even an unregistered trademark is protected under common law and federal law.

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.

Are trademarks worth it?

The short answer is no. Brand protection, such as trademark, is a separate consideration which is not achieved by these measures and which often goes neglected. Here at LawBite we are frequently asked whether putting trademark protection in place is worth the cost and effort involved.

What is difference between logo and trademark?

A trademark protects a slogan, phrase, word, company name, logo, or design that identifies a company and/or its goods. A logo is a symbol or design used by a company that may fall under trademark protection laws. Many businesses choose to apply for trademark protection on their logos.

Copyrights are generally owned by the people who create the works of expression, with some important exceptions: If a work is created by an employee in the course of his or her employment, the employer owns the copyright.

What Cannot be protected by trademark?

Inventions and works of authorship cannot become registered trademarks and should be protected with patents or copyrights respectively. As always, work with an experienced attorney to determine what aspects of your business need protection and how best to protect them.

Should an artist trademark their name?

To prevent others from using your name for any reason, including merchandise, you should register it as a trademark. Once your name is trademarked, you can file suit against others who are using the name without your permission. … If you are a single artist, then you will own the trademark.

No. Names are not protected by copyright law. Some names may be protected under trademark law. Contact the U.S. Patent & Trademark Office, TrademarkAssistanceCenter@uspto.gov or see Circular 33 “Copyright Protection Not Available for Names, Titles, or Short Phrases”.

By common law, a logo is trademarked as soon as it’s used in commerce. But, according to LegalZoom, this may only protect you in your immediate locale. State registration will provide additional protection, and it’s relatively simple and inexpensive. Federal logo trademark registration is a bit more of a process.

Can I trademark a name already in use but not trademarked?

A registered trademark offers legal protection to unique logos and designs affixed to a tangible object. For this reason, you can’t file to register a trademark that someone else is already using if they used the trademark first.

Can two music artists have the same name?

Yes. This falls not under copyright law but trademark law, which can be considerably murkier. There is nothing illegal about two companies or bands or individuals having the same name. … There is a trademark office where you can register trademarks such as names and logos.