How to trademark your artist name and protect your brand

If you're an artist or a seasoned creator, having a distinctive name is fundamental to establishing your unique identity in the space. But how do you ensure your name is protected against imitators and competitors? The answer lies in trademarking. This powerful tool safeguards your brand from unauthorized use and enhances your professionalism and business potential. 

In this blog, we'll explore how to trademark your artist name and how securing one can avert potential legal issues. We'll guide you through the steps to check your name's availability and provide a straightforward process to trademark your name successfully. 

We'll examine how to enforce trademark protection to maintain your brand's integrity and prevent misuse. Lastly, you'll discover how Gelato's print on demand platform can help transform your protected artist name into a thriving business through custom-branded merchandise.

• Trademarking your artist name is crucial to building and maintaining a strong, professional brand in the long term.

• Securing a unique name protects against theft and legal disputes and enhances the business value of your brand.

• Checking name availability involves searching trademark databases and consulting professionals, among other factors.

• The trademarking process includes searching, classifying, filing, and renewing your name with relevant authorities.

• Gelato can help monetize your trademarked name through custom products and merchandise sales.

A trademark is a legal safeguard that protects a brand's unique identifiers, like names or business logos, associated with specific goods or services. It's an essential tool for all artists, providing the framework to defend their brand against unauthorized use legally. Unlike copyrights, which protect creative works, trademarks focus on the brand's commercial aspects, securing its market value.

Your artist name is more than just a label; it's a crucial part of your identity and brand. Below, we list the reasons as to why you should trademark your artist name.

Builds a strong professional brand

Trademarking an artist name helps establish a strong professional brand by giving you exclusive rights to use it. A registered trademark signals credibility and professionalism, making standing out in a competitive market easier. It also helps with brand recognition, ensuring fans and industry professionals associate your name with your work. Securing your name legally adds legitimacy and prevents confusion with other artists using similar names.

Protects against name theft

Without a trademark, anyone can use your artist's name, causing confusion and potentially damaging your reputation. Registering your name ensures that no one else can legally claim or profit from it, giving you full control over its use. This protection is crucial in a world where names can be easily copied across social media, streaming platforms, and merchandise. A trademark provides a legal safeguard, allowing you to take action against unauthorized use.

Secures your name for merchandising

Your artist name isn’t just your identity—it’s a brand with potential for merchandise. Trademarking your name ensures you have exclusive rights to use it on art posters,  clothing, and collectibles. Others could produce and sell merchandise under your name without legal protection, profiting from your hard work. A trademark prevents unauthorized sales and allows you to confidently expand into new revenue streams, knowing your brand is legally secure.

Protects against legal disputes

If another artist or business claims your name, you could face legal battles that threaten your brand. A registered trademark strengthens your legal standing, proving that you own the rights to your name. Without this protection, you may be forced to rebrand, losing years of recognition and marketing efforts. Trademarking your name minimizes the risk of disputes, giving you the legal backing to enforce your rights and prevent others from using your name without permission.

Increases business value

A trademarked artist name adds value to your brand, making it a marketable asset. As your reputation grows, so does the value of your name, which can attract investment, sponsorships, and business opportunities. If you decide to expand into partnerships, licensing deals, or even selling your brand in the future, a trademark strengthens your position. It’s an investment that protects your identity and enhances your earning potential and long-term success in the industry.

Before you dive into the trademarking process, it's crucial to ensure your artist name isn't already in use. Here's how to determine if your desired name is available and ready to be trademarked.

Search trademark databases

Start with the United States Patent and Trademark Office (USPTO) if you're in the U.S. or your country’s equivalent. Use their search tool to check for existing trademarks that may conflict with your name. This step helps you avoid costly rebranding later. Consider variations or adding unique elements if your desired name is already trademarked. Always ensure your name is legally available before investing in branding and marketing efforts.

Conduct a domain and social media check

A strong online presence is crucial for artists, so check domain availability and social media handles. Use sites like Namecheap or GoDaddy to see if your preferred domain is taken. Simultaneously, search platforms like Instagram, TikTok, Twitter, and Facebook to ensure another artist isn’t using your name. Ideally, you want consistency across all platforms to build your brand effectively. If your exact name is unavailable, consider slight modifications or adding keywords to maintain your brand identity.

Hire a trademark attorney or consultant

If you want to secure your artist name legally, hiring a trademark law attorney or consultant is recommended. They can conduct a thorough trademark search, advise on potential conflicts, and handle the registration process. This ensures you don’t unknowingly infringe on another artist’s rights. An attorney can also help you navigate international trademarks if you plan to expand globally. While this involves additional costs, it provides legal security and protects your brand from disputes.

With all this information at your disposal, let's move on to understanding how to start making your name legally yours. 

1. Conduct a trademark search

Before filing for a trademark, you must ensure your artist's name is unique and legally available. A trademark search helps prevent conflicts with existing trademarks and avoids potential legal disputes. Here are some ways to carry out the search:

• Check official trademark databases: Use the United States Patent and Trademark Office (USPTO) database or your country’s equivalent to see if your desired name is already registered.

• Look for similar names: Even if your exact name isn’t taken, a similar name with overlapping usage might cause issues.

• Search beyond trademarks: Check domain registrations, social media platforms, and music streaming services to see if another artist already uses your name.

• Consider hiring a professional: A trademark attorney or consultant can conduct a more thorough search, including common law trademarks that may not be listed in public databases.

2. Decide on the trademark classification

Trademarks are categorized into different classes depending on their intended use. You must register your name under the appropriate class to ensure full protection as an artist. Here are some ways to decide on your trademark classification: 

• Understand trademark classes: Trademark classifications categorize businesses based on their services and products. Class 35 covers business operations like branding, marketing, and retail.

• Determine your primary use: Consider how your brand will operate. If you plan to sell branded merchandise, Class 25 is necessary. Expanding into digital products or online media? Class 9 applies. Selecting multiple classes ensures broad protection for future business growth.

• Register under multiple classes if needed: If you plan to expand into different industries, securing your trademark in multiple relevant classes helps protect your brand from unauthorized use.

• Seek professional advice: A trademark attorney can help identify the best classifications based on your career goals and future branding plans.

3. Prepare your application

Once you confirm your name is available and select the correct international class, you must prepare your trademark application. Follow our steps below to prepare your application with accuracy to ensure there are no rejections or delays:

• Provide your personal and business details: Include your legal name, contact information, and business entity details if applicable.

• Describe your trademark usage: Clearly state how your artist's name will be used for merchandise or other purposes.

• Submit a specimen: This is proof of your name being used in commerce, like an artist website or promotional materials.

• Double-check for accuracy: Any mistakes in your application can result in delays, additional costs, or even outright denial.

4. File your trademark registration with the trademark office

After preparing your application, you must submit it to the appropriate trademark office in your country. This step officially starts the legal process of securing your artist's name. Here’s how to implement this step:

• Use the correct platform: In the U.S., file through the USPTO website. Other countries have similar platforms, such as the EUIPO (European Union) or IP Australia.

• Choose between TEAS Plus and TEAS Standard (for USPTO applicants): TEAS Plus is cheaper but has stricter requirements, while TEAS Standard costs more but offers flexibility.

• Ensure you meet all legal requirements: Applications are reviewed based on distinctiveness, proper classification, and prior trademarks.

• Get confirmation of your submission: After filing, you will receive a confirmation number and tracking details for future reference.

5. Pay the filing fee and wait for approval

Once your application is submitted, you need to pay the required fee and wait for the review process to be completed. Here are some things to keep in mind when you're waiting for approval:

• Know the costs: Filing fees vary by country and classification. In the U.S., they typically cost $250 to $350 per class.

• Be prepared for a waiting period: Trademark approval can take six months to a year, depending on workload and potential objections.

• Respond to office actions if needed: If the examiner finds issues with your application, you’ll receive an office action requiring clarification or modifications.

• Monitor the application status: Regularly check for updates and respond promptly to any requests from the trademark office.

6. Maintain and renew your trademark

Trademark protection isn’t permanent unless you actively maintain and renew your registration. Failing to do so can result in losing your rights to the name. Here's how you can maintain and renew your trademark:

• Use your trademark consistently: Use your artist name in ecommerce for product releases or selling merchandise.

• Monitor for infringements: Regularly check for unauthorized use of your name and take action if necessary.

• File renewal documents on time: In the U.S., trademarks must be renewed between the 5th and 6th year, then every 10 years thereafter.

• Keep records of usage: You must maintain proof that you are actively using your trademark, as this will be required for renewals.

Securing a trademark for your artist's name is just the beginning. To maintain exclusive rights, you must actively enforce your trademark. This means monitoring its use, taking action against infringements, and ensuring it remains legally protected. Here’s what you should do to protect your brand: 

• Monitor for unauthorized use of their name: Regularly search online platforms, music streaming services, and social media to spot any unauthorized use of your artist name. Use Google Alerts or trademark monitoring services to receive notifications. Document the instances as evidence if you find misuse before taking further action.

• Send cease-and-desist letters if necessary: If someone is using your trademark without permission, send a cease-and-desist letter requesting them to stop. Clearly outline your ownership rights and the potential legal consequences of continued use. If they don’t comply, consult a trademark attorney to consider legal action.

• Renew trademarks periodically to maintain ownership: Trademarks require renewal to remain valid. In the U.S., renewal is required between the 5th and 6th year, then every 10 years after that. Failure to renew can result in losing your trademark rights, allowing others to claim your name.

Trademarking your artist name is crucial in building a solid brand foundation. You've learned how to protect your unique name, ensuring it stands out and maintains its value. But what's next? 

Gelato is the perfect partner for transforming your protected name into a thriving business. 

With Gelato's print on demand services, you can effortlessly produce and sell custom merchandise featuring your artist name, from t-shirts to posters. Our platform gives access to over 32 printing facilities worldwide, ensuring fast delivery and reducing carbon footprint - often cutting shipping distances by 50%.

With Gelato's expansive network, you'll reach global audiences faster and more sustainably.

Gelato also offers smooth integration with ecommerce solutions, allowing you to focus on creating while we handle the logistics. Elevate your artist brand with professionally crafted custom products that scale easily. 

Ready to turn your creative journey into profit? Sign up for Gelato today! 

How do I choose a trademark name?

Choose a trademark name by ensuring it is unique, memorable, and legally available. Conduct a trademark search to avoid conflicts, and select a name that represents your brand’s identity. Avoid generic terms and consider using invented suggestive, or distinctive words. 

What is trademark art and music?

Trademarking music protects brand identifiers like names, entertainment services, logos, slogans, a band name, a stage name, DVDs featuring music, downloadable music files, an artist or band name, and live musical performances for music. For protecting art, it focuses on all kinds of artwork, from paintings to sculptures.