Copyright/Trademark? on Studio/Band Name???

[Madison]

Hi all,

quick (even if not simple) question for anyone who can help.

I am a musician with my own "project" studio. I am starting to create my own music (using synths, software samplers, guitars, G4, etc) and I use my computer/interface, etc. to record/produce local bands music.

My question is how do I go about protecting a name I come up with (so no one else can use the name) for my "band" or my "production company". I am just starting out (college student) and want to start putting my name on projects I work on (both music i create and projects I record/produce). Having a more official name will look better (and cooler) for furthering my career in audio production.

Do I go through the copyright office, trademark/patent office, or somewhere else.

Thanks for any and all help,
I am sure most of you are tired of answering this question practically everyday,
Thanks,
MC

[Madison]

and when I say name of my "studio" I dont mean an actual building, I mean the name of the "production company" (which is just me for now and probably a long long time). For example, a recording I make would be labeled, "recorded/mixed/produced by ME of blah blah Productions " or just have the name of the "production company" on the back of the cd or in the booklet.

hope this clarifies, i really dont even know exactly what I am talking about, because I've never done it or anything like it, and thats why I am asking.

sorry for the confusion
THANKS for help

[EngineGuitarist]

trademark your name. i forget how much it is but they check and make sure you don't have the same name as somebody else. I beleive you give them a list of 5 names. As for you're business, get a DBA (doing business as) run an ad in your local paper for 3 weeks stating your business name what you'll be doing, who owns it, your address, etc. and there you go, you are a production company. Don't forget to pay your taxes!:D

[Madison]

thanks,

i dont think i want to get my "business" registered yet, I dont make that much money (really not much at all), and dont need/want to pay taxes. its not really an official business, i will hold off on that for a couple of years

thanks

[Madison]

I read somewhere that for a band name you need a service mark. anyone know if this is true and if so, where in the USPTO webpage is the info on that. I am trying to figure out how much thats gonna cost me. is there another way to protect my band name, like the poor mans copyright of sending a copy of the cd to yourself by certified mail.

thanks for all help

[EngineGuitarist]

there isn't a poor man's version that i know of, but if you can get your name as a web domain for your own site it can help. put the date it was created on the site and if there is another company or anything with your name, you will just have to prove that changing your name will have a much larger negative impact on your business than the other guy's who has the same name. basically showing you have a larger customer base and make more money.

[Crimson Warlock]

The 5 names bit is to submit names for a publishing company to ASCAP. They look through their system to determine if any of your choices (or anything similar) have been taken already.

The cost to apply for a trade/servicemark is currently $325 per class of goods. This gets a little convoluted. This fee is not refundable if your application is denied.

http://www.uspto.gov/teas/eTEASpageA.htm

"Poor man's copyright" does not apply to an organization's name, nor will it hold up in court if the issue ever arises. Registering a copyright only gives the owner proof of copyright date, as a work is technically copyrighted the instant it is published (put in a consumable form: written on paper, posted on a Web site, recorded onto tape/CD, etc.). Copyrights are for songs, videos, books, stories, drawings, etc. Trademarks are for products. Servicemarks are for services.

Using a Web domain will not guarantee anything. The term "cybersquatting" wasn't invented for nothing.

I would suggest doing extensive research at a library, bookstore, or at Web sites focusing on musical and intellectual property law. As you can see, asking for the answers on a public Web site will frequently return false, outdated, or misleading information.