Band name advice

[neoxero8]

We have a new name for our band, and we're just getting ready to break into the national scene.

We've found that a couple of smaller, more localized bands have been using the same name long before us.

Would it be adviseable to continue to build goodwill around our name? Or should we change the name to avoid a potentially expensive legal confrontation?

 

[Michael Wechsler]

Has anyone registered the band name with the US Patent and Trademark Office? Why don't you do a search on uspto.gov and check it out? Band names are so difficult because chances are, unless it's very unique, there are other bands around the country you've never heard of kicking up a storm in a bar in front of 3 dozen people. If you've got Federal protection then these bands would have a difficult time outside their localities. You should also consider how unique your band name is compared to others and whether the other band might be very well known just outside a small area. This is fact specific and a legal professional who can obtain all the facts would be able to help more. Good luck!!!!

 

[Drumfire]

Has anyone registered the band name with the US Patent and Trademark Office? Why don't you do a search on uspto.gov and check it out? Band names are so difficult because chances are, unless it's very unique, there are other bands around the country you've never heard of kicking up a storm in a bar in front of 3 dozen people. If you've got Federal protection then these bands would have a difficult time outside their localities. You should also consider how unique your band name is compared to others and whether the other band might be very well known just outside a small area. This is fact specific and a legal professional who can obtain all the facts would be able to help more. Good luck!!!!

Hi! Like the original poster of this thread, I too have the same problem. We thought we had a unique name as well, but it turns out two other bands have the same name that we have been starting to use. Neither of them are currently active, signed to any sort of record label, and haven't done anything in over year. I don't think either band has even played a show, either. They pretty much just have a Myspace, and a sample song of music. Anyway, I can tell you after searching multiple sites(Government and state patent/trademark sites included.) that I have not seen a patent/copyright/trademark on the name we are using. So while both of these bands could technically prove they had the name before us, could we trademark the name and have the legal upperhand in case they decide to take legal action?