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How Do I Know If My Band Name Is Taken?

Nirvana is a progressive rock band from the United Kingdom that formed in the late 1960s. Nirvana is also a grunge rock group from Seattle, Wash. formed by Kurt Cobain 20 years later. The Seattle Nirvana ran into a problem in 1992 when, at the height of their success, the U.K. Nirvana sued them and won $100,000. Before you decide on a band name, you need to make sure it is not already taken. This will make things a lot easier if your band ever gets huge.

Instructions

    • 1

      Write out the name you are considering and say it out loud. Ask yourself if it sounds familiar. Ask people educated in your style of music if they have heard the name before.

    • 2

      Do an Internet database search. Search music and social networking sites like Myspace and Garageband to see if the name is taken.

    • 3

      Visit the websites of performing rights organizations like ASCAP, BMI and SESAC. These organizations collect royalties for all of the artists they represent and they represent a good number of established, well-known bands. Use the databases on these websites to see if your intended band name is listed under any releases.

    • 4

      Visit the website of the United States Patent and Trademark Office. Click on the "Search Marks" text in the "Trademarks" section of the page to search pending and registered marks.

    • 5

      Select the "New User Form Search (Basic)" text in the "Select the Search Form" box to do a simple search. Enter the band name into the "Search Term" bar. Click on the "Submit Query" button.

    • 6

      Select text under the "Word Mark" column that best matches your intended band name. If your selection states "entertainment services, namely, live concerts and performances by a musical band" next to "Goods and Services" than this is an already registered trademark.

    • 7

      Check the status of the "Live/Dead Indicator." If it says live, the trademark is still in use and you can't use the band name. If it says dead, then you can use it.

    • 8

      Visit the Public Search Facility in Alexandria, Va. if you don't want to use the online search databse. You may also search at your nearest Patent and Trademark Depository.

    • 9

      Contact an attorney if you need help searching for a trademark. The fee you pay will be worth it in the long run. Changing your band name after you're already established can be hurtful to your career.

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