How to Trademark a Band or Music Name (2026 Guide)
Your band's name is the brand fans follow, stream, and buy tickets for. This guide shows musicians exactly how to protect it with a federal USPTO trademark — the right class, the search, and the filing.
Free Trademark Search →Why your band name needs a federal trademark
Band-name disputes are common and expensive — two acts using the same name can trigger costly rebrands and lost bookings. A federal trademark gives you nationwide exclusive rights to your name for live performance, recordings, and merchandise, and it protects the brand your touring and streaming income depends on. U.S. rights are largely first-to-file, so registering early secures your priority date.
Which class do you file in? (Class 41 — and often 9 and 25)
Live musical performances are Class 41. Recorded music (downloads, CDs, vinyl) falls under Class 9, and band merchandise like t-shirts is Class 25. Many acts file in all three. Map every revenue stream to a class before filing.
How to file, step by step
1. Run a comprehensive search. Check the USPTO database and common-law uses for conflicting act names, including phonetic matches. 2. Choose your classes. Class 41 at minimum, plus Class 9 and 25 if you release music and merch. 3. File your name and logo. Register the band name as a word mark and the logo as a design mark. Same-day filing is available with Secure Mark USA.
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Start Your RegistrationFrequently asked questions
What class do I trademark a band name in?
Live performances are USPTO Class 41, recorded music is Class 9, and merchandise like apparel is Class 25. Many bands file in all three.
Can two bands have the same name?
It creates legal risk and consumer confusion. A federal trademark gives you nationwide rights and lets you stop another act from using a confusingly similar name.
Can I trademark my band name before we release music?
Yes. You can file an intent-to-use application based on a bona fide intention to use the name, securing your priority date early.
How much does it cost to trademark a band name?
Secure Mark USA's service starts at $99 plus the USPTO fee of $350 per class. Filing across performance, recordings, and merch means paying the government fee per class.
Do I need a lawyer to trademark a band name?
U.S.-domiciled applicants are not required to use an attorney. Secure Mark USA provides expert filing support and is not a law firm.
Helpful resources
Trademark Registration Free Trademark Search Trademark Classes Trademark Cost Trademark Monitoring
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