It is important to trademark a band name either before a band starts playing in venues or soon afterward. Often a band will break up at the beginning and one or more band members will try to claim ownership to the band’s name. And domain name squatters may register a bandname.com as soon as a band becomes popular. Without a trademark, the band will have a tough time getting their bandname.com domain name.
File a trademark application online with the USPTO, CIPO, EU Trademark and UKIP offices claiming use or propose use of the trademark with the service: Entertainment in the nature of live performances by a musical band and with various goods.
A band can trademark its name for the services that it provides and the goods that it sells. Typically, a band provides a service claimed as: Entertainment in the nature of live performances by a musical band
Often a band will also sell goods such as t-shirts, hats, mugs, and stickers.
A band can only trademark the goods that it sells, no just gives away. So if the band gives away its stickers, instead of selling them, then it can’t claim stickers in its list of goods.
Since a startup band is usually tight on money, it should apply for separate trademark applications for the stuff it actually sells, with a separate application for each category of goods it sells.
Entertainment in the nature of live performances by a musical band is in International Class 041.
t-shirts and hats are in International Class 025. Don’t just claim clothing, as that is not specific enough. A trademark applicant must specifically itemize the goods that it sells.
These points of authority do not necessarily reflect the views of the writer. This blog is not legal advice. These posts are just notes.