How To Register Your Rap Name

Want to know how to trademark your music name? This is what I'chiliad going to show yous how to practise today.

Wait below for a footstep by step guide to trademarking your name for musicians, as well every bit a look at the deviation between trademarks and copyrights. This guide was written by myself, Richard Jefferson, Esq., possessor of LawyersRock.com.

I am an Entertainment lawyer. That said, please annotation that you shouldn't accept the below as professional or legal advice, I am just providing you with full general data on the procedure.

Fifty-fifty if you lot make up one's mind to utilize an attorney to file your trademark application, knowing how the process works should be very helpful.

Simply first, if information technology'southward your aim to exercise music professionally, you'll desire to check out our free ebook while it's still bachelor:

Free Ebook 5 Steps To A Profitable Youtube Music Career Ebook Sidebar

Free eBook: Discover how real independent musicians similar y'all are making $4,077 - $22,573+ monthly via Youtube, let me know where to send the details:

The Divergence Betwixt Trademarks and Copyrights

In the music industry, you lot frequently hear about the importance of protecting the copyrights in your music, but what about protecting your proper noun? Copyrights protect creative, original works such as audio recordings and musical compositions, simply Trademarks protect things similar names, logos, and slogans.

With the music business making a image shift from a focus on selling records to branding artists, the value of copyrights accept been decreasing and trademarks have become the money makers.

If an artist (or the label) wants to appoint in branding deals, such as condign the spokesperson for a product or service, and then the creative person must ain the trademark, or the legal right in his or her performing proper name.

For example, Katy Perry® is a spokesperson for COVERGIRL. The deal that she did with them required her to formally grant COVERGIRL the right to use her proper noun in connection with its makeup line.

And then how practice you lot obtain ownership in a trademark? In the U.S., you basically need to secure a trademark registration from the United states Patent and Trademark Office (USPTO).

This post is going to explain the three steps to this procedure. In that location are nuances to each step depending on your specific situation, merely if you program to do-it-yourself, this mail will be very helpful.

Note: you lot can also see how to copyright your music hither.

How To Trademark A Music Proper name, The Footstep By Step Process

Here's how to trademark a music artist proper name.

Step 1 – Perform A Search To Make Sure Your Marking Is Bachelor

Your performing name, company name, or logo needs to be unique in order to qualify for trademark protection. This means that you are non going to be able to call yourself Drake, Jay-Z, or Taylor Swift.

You lot can't fifty-fifty put a slight spin on it like Drizzy, or Jay-P, or Tyler Swifty. It'south not going to fly. Trademark law calls these types of spins as "confusingly similar".

This is not allowed because it would misfile the public when they go to buy an album. Can you imagine how you would feel if you went to iTunes to get the new Drake album and yous ended upwardly mistakenly downloading an album from an unknown rapper named Drizzy?

You wouldn't exist too happy. That is the gist of why trademark law exists.

So, the outset footstep is to meet what trademarks already be and so that you can choose something unique. A simple Internet search will give you some insight, only a more helpful mode to know if to search the USPTO database.

This volition reveal any registrations and pending applications. To do this, showtime by going to the USPTO Website.

From the homepage, click on Trademarks and and so on the first link under Trademarks named Searching Trademarks.

For name searches, cull the first link – Trademark Electronic Search System (TESS). FYI, below that is a link that allows you to search designs if you are doing a search for logos.

You will be presented with a few different options. I normally use the tertiary option, which is called Word and/or Pattern Marker Search (Free Course).

Once you are on the search page, type in the trademark you lot are looking for and follow the codes, which are explained on the page.

For example, suppose you want to call yourself Lady Gaga and you accept never heard of any recording artist that uses that proper name (an obvious farthermost case but this would apply to whatsoever performer proper noun that you lot desire to use).

You would follow the steps above, type in LADY GAGA and use Boolean search techniques to narrow your search (i.e., quotes, AND, OR), and up pops two listings for LADY GAGA (see below).

Note: recorded music is in International Class 009 and then I entered 009[IC] in the search, and I just want to run into agile trademarks so I added the word LIVE.

Lesser line, in that location is a conflict so you amend utilise another name!

Step 2. Cull The Proper Clarification

Trademarks are categorized into 45 international classes, which correspond various products and services. Since this post is for musicians, the principal applicative international classes are 009 (for physical and downloadable recorded music…CDs, and downloads) and 041 (for live and public performances…concerts and streaming over the internet).

The next step is to determine what description accurately describes the product or service that you offer. The USPTO website has a database that y'all can search to detect the best pre-defined clarification.

Yous can search the site, but to speed things up I have included the link below:

http://tess2.uspto.gov/netahtml/tidm.html

You are now at the folio called:

U.Southward. Adequate Identification of Goods and Services Transmission

This is a database of descriptions that can exist hands searched. Put the skilful or service that your trademark represents and you will observe a number of descriptions that yous can sift through.

So, why do we do this pace? Y'all desire to make certain that you put in an authentic description into your application so that no 1 tin can challenge it.

It is much easier to effigy our your clarification before y'all start your online application considering it will time yous out of your session if you have as well long completing the procedure.

Try it! If yous type in "Music" you will see 137 different descriptions.

These are pre-canonical descriptions from the USPTO. You lot are allowed to create specific descriptions, but those are scrutinized a little fleck more than by trademark examiners, which is something you want to avert if you tin assistance information technology.

If one of the pre-approved descriptions does not work you can usually at to the lowest degree find something here that you can tailor a bit to match your needs.

Ok, so we are now gear up to file the actual trademark awarding. Hither's how.

Step 3 – Online Filing

Now that you take done your due diligence, and you lot know the proper international class and clarification, y'all are ready to file your trademark awarding!

Every bit we did before, go to the USPTO website.

This time you are going to go to the Trademarks dropdown menu, and select Filing Online.

There is plenty of data on this page to read. To practice a new filing, click on the link that says Initial Application Class.

There are a few options. Once again, brand certain you read then that y'all cull the application that best fits your state of affairs.

I try to do a TEAS Plus application whenever possible because it is the quickest and cheapest. To do that ane, click on the link that says File a TEAS Plus Application.

As I mentioned earlier, brand certain that you lot have all of the information that you lot need for your application beforehand, including:

Ownership Information – who is going to own the trademark?
Mark Data, including the files that you are actually going to submit with your application.
Testify of Employ – if yous are already using your mark (every bit opposed to planning to apply it) you will need evidence that shows your use.
Grade Description (Step ii of this post)
International Class (Step 2 of this mail service)
Correspondence Data. This is information that identifies who the Examining Chaser will speak with if there is an result with your application.

Ok, back to the application screen.

Click on Continue at the bottom of the screen to enter the online application.

This takes y'all to the next step. Scroll to the bottom of the screen where information technology asks, "Is an attorney filing this awarding?" on your behalf. Choose Aye or No so click Continue.
The adjacent screen covers buying information. Fill that out appropriately.

Sometimes y'all may want to own it individually; sometimes your company should ain the trademark; and sometimes there are multiple owners.

After you have filled out the buying information, click Proceed to go to the side by side screen.

This is where you will enter your actual Trademark. This is where you put your performing name! If you have a logo this is where yous attach it to your application.

For case, if your performing proper name is "MOJO", I leave the default settings and simply type in: MOJO.

If y'all have a pattern marking (logo) then you actually need to select the file here and upload it so that it attaches to your awarding.

In one case yous are done, click Continue.

The side by side screen is where you volition find your Goods and Services and International Class. Enter the information from Stride 2 of this post on this page.

Afterwards clicking on Goods and Services you become to a search screen. From hither y'all are going to search the goods and services database.

Type in part of your clarification and then that it will pop upwardly on screen. For example, if your trademark is for "downloadable recorded music" type that in.

When you accept institute the description(south) that you want, click on Insert Checked Entries.

Next, go to the bottom of the folio and either select Intent-To-Use, (meaning yous haven't used it notwithstanding) or I n-Commerce (meaning y'all already are using it).

The final section is for the correspondence data and, again, this is information for the Examining Attorney, the person who volition review and procedure your awarding. If the Examining Attorney has questions they volition contact the person listed in this section.

The very last page gives you an opportunity to go dorsum and wait over your application earlier y'all submit it. I would encourage at to the lowest degree looking over everything one more fourth dimension before submitting just in case you lot missed something.

You can make but minor changes to your application later you submit information technology. If yous make a major mistake you may have to file an entirely new application and pay another filing fee.

That'south information technology. You are done! If y'all establish this guide useful and want more such advice, you can check out my site LawyersRock.com.

Of import reminder: It'due south incommunicable for me to comprehend every scenario then please do not take anything here as professional or legal advice. I am simply providing you with general data on the process.

Even if you determine to apply an attorney to file your trademark application, knowing how the process works should be very helpful.

Written by Richard Jefferson, Esq., owner of LawyersRock.com.

P.Southward. Remember though, none of what yous've learned will matter if yous don't know how to go your music out at that place and earn from it. Want to learn how to practise that? Then become our free 'five Steps To Profitable Youtube Music Career' ebook emailed straight to y'all!