Musicians: How to Trademark Your Band or Artist Name
- LAWM
- Mar 23
- 3 min read
Your name is your brand. It’s what fans search for on Spotify, what they wear on a t-shirt, and what they tell their friends about. Without a federal trademark, your rights to protect your brand name are very limited.
Why It Matters
A registered trademark gives you nationwide priority, access to federal court, and a legal presumption of ownership. Without one, another artist could file your name before you do, and suddenly you may be the one who has to rebrand.
What Can Go Wrong Without A Trademark
Counterfeit merch shows up online. Your band is gaining traction and suddenly bootleg t-shirts and hoodies with your name and logo are all over Amazon and Etsy. Without a registered trademark, you have almost no leverage to get those listings taken down. With one, you can file takedown requests and record your mark with U.S. Customs to block infringing imports before they even enter the country.
Another artist releases music under your name on streaming platforms. Someone uploads tracks to Spotify or Apple Music using your artist name. Without a trademark registration, the platform has little reason to act on your dispute. A federal registration gives you the legal authority to force the issue.
A venue or promoter uses your name without permission. Your name starts appearing on flyers, social media ads, or festival lineups you never agreed to. A trademark gives you clear legal standing to shut that down.
You want to license your name. Whether it's a sync deal, a brand partnership, or a merch licensing agreement, having a registered trademark makes your name a quantifiable, protectable asset and not just a word you've been using.
The Three Trademark Classes Musicians Should Know
The USPTO organizes trademarks into “classes” based on the goods or services you offer. Each class is $350 to file. Most artists need one to three.
Class 041 — Streaming
If your music is on Spotify, Apple Music, Tidal, or any streaming platform, this is the class that protects it. Streaming is a service, and Class 041 covers entertainment services like providing non-downloadable music via the internet. If you can only afford one class, file this one.
Class 009 — Downloads & Physical Media
Class 009 covers goods such downloadable music files, vinyl, and CDs. If fans can buy your music on iTunes, Bandcamp, or Amazon, this is the class for that. Important: Class 009 and 041 are not interchangeable. Downloads are goods, streaming is a service. One generally does not cover the other.
Class 025 — Merch
Selling t-shirts, hoodies, or hats with your name on them? That’s Class 025. Merch is a real revenue stream for artists, and your name deserves the same protection on a shirt as it does on a streaming platform.
Skip the Trademark Mills
Online filing services will plug your info into a form and hit submit. What they won’t do is tell you which classes you actually need, whether your descriptions are accurate, or how to handle it when the USPTO pushes back. A trademark application is a legal filing and getting it wrong costs you time and money.
The Law Office of Will McSeveney works with musicians, bands, and labels across Nashville and beyond. We know the music business because we’re part of it. We would love to help you protect your brand and grow your career.
Phone: 615-852-7221
Email: info@mcseveneylaw.com
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