As an upcoming indie music artist, you might wonder if it is worth the effort to trademark your band’s name. After all, they only made a name for themselves and are unsure how big their band will become.
But it’s undeniable that protecting your brand is a wise choice. Suppose you don’t trademark your band’s name, and someone else does. Then, you’ll have no legal recourse when defending what belongs to you.
This article will explain that it’s not only the most prominent independent artists that should trademark their brand names.
Reasons to Trademark Your Brand
These are the reasons an indie music artist should trademark their band name:
To Protect Your Brand Name
It’s easy to assume you don’t have a brand name because you’re just starting your career as an indie musician. But your band name is a brand and should be treated as such.
This means protecting it by trademarking it so that no one else can use it as their own. If someone else uses it, they infringe on your rights and could face legal repercussions.
To Ensure You Have Exclusive Rights to Use the Name
The most prominent independent artists understand that their brand name is vital. It separates them from other artists and helps them build their audience.
Trademarking your band name gives you exclusive rights to use it for all purposes, including live performances, recordings, and merchandise sales.
To Show Other Artists You Are Serious About Your Business
You might have started your journey as an indie music artist as a hobby. Maybe you loved music and wanted to share it with the world. Perhaps you have a passion for performing or recording music and like to use your skills to make a living.
But as your business grows, so does your need for professional services. You’ll need accounting, legal help, and marketing assistance.
Trademarking your brand name shows other professionals your seriousness about your craft. It makes them want to work with you because they know how important protecting your brand is.
To Keep Others From Using Your Business Name
We live in a dog-eat-dog world. The more successful you become, the more likely someone will try to cash in on your success. They” try to steal your brand name or pass off their work as yours.
That can be devastating for an independent musician. You might have spent years building a loyal fan base and developing your unique style. The most prominent independent artists have seen this happen. But they also do everything they can to prevent it from happening to them.
They trademark their brands and ensure no one else can use their business name. And if someone tries to steal your brand or pass off their work as yours, you can sue them in court.
To Protect Your Recording Studio
You must trademark your brand if you’re an independent recording artist who owns a studio. This prevents anyone else from trying to use your business name or taking credit for your songs.
You can also protect yourself by ensuring no one else uses your equipment. To do this, register the music produced in your studio with ASCAP or BMI.
To Stop Competitors from Using a Similar Name
Having competitors isn’t exclusive to the most prominent independent artists. Anyone can have competition. And protecting yourself from those who want to take advantage of your hard work is vital.
When you plan to trademark your brand name, consider some questions. Do other businesses in the same industry use similar names? Are they more established than you are? How long will it take to enforce your trademark rights if someone infringes them?
This helps you determine the risk you will take by not trademarking your brand name. If you have the money, time, and resources, trademark your brand name.
To Build Value in the Event of Sale
As an indie music artist, sales are the lifeblood of your business. You put a lot of time, effort, and money into making and marketing an album, and you must sell as many copies as possible to recoup some of that investment.
One way to ensure that happens is by building value in your brand name. This way, someone who wants to buy the rights can’t just walk away with them for free.
For Legal Protection Against Infringement Lawsuits
The most prominent independent artists know that the law can protect them against infringement lawsuits. Suppose someone steals your music and releases it without your permission. They could theoretically sue you for copyright infringement. This can happen even if they are the ones who committed the crime.
But what if you don’t have a trademark as an indie music artist? How do you prove that you have legal ownership of your music? The law can’t protect you from every plausible scenario.
You can prove your innocence if your songs are stolen and released without your permission. That’s because they didn’t get your consent before they used them.
To Help You Enter New Branding Contracts. Also, to Negotiate Leverage in Those Contracts
As you grow, you’ll probably want to partner with other companies. This can be a great way to expand your reach and increase your audience. But it also means that you must be careful about your agreement.
But what if the company doesn’t live up to its end of the deal? It could use your brand in ways that may not align with what you had initially intended. A trademark can help prevent this situation by giving you the legal right to stop them from using your mark.
A trademark also helps you negotiate leverage in those contracts. It clarifies that if the company doesn’t live up to its end of the deal, it’ll have to pay for it.
Conclusion
A trademark is essential for an indie music artist and the most prominent independent artists. It protects your brand and prevents other companies from using your mark. It’s also necessary if you want to sell merchandise or tour internationally.
