Can you use a band name that already exists?

Key Takeaway: Make sure no one else is using your band’s name before you apply for a trademark. If the name is already in use, your application will be rejected.

Can you name a band after a fictional character?

Yes, you can adopt a fictional character’s name as your stage name, unless it is also used for the same or similar purpose by other performers.

Can I use a band name in my book?

Yes. You can mention band names, song titles, movie titles, actors, characters, etc. Just as the Writing 101 quote says. You also need to careful how you present real people.

Does your band name have to be original?

Firstly it’s important to note that trademarking your band or artist name is by no means compulsory. Unlike music copyright, which automatically assigns rights to the creator or owner of a piece of original work, trademarking doesn’t come about automatically.

Can I name a character after a song?

Yes, you can name a song after a comic book character and include the name in the lyrics to the song.

How do you name a musical?

Traditionally, composers stuck to 2 ways to name a piece of music. The first is by describing an element of the music itself such as its form and key (for example, ‘Sonata in A major’). The second is by an extramusical suggestion of a mood, an inspiration, a dedication, and so on.

Are band names copyrighted?

A name (brand name, band name) cannot be protected by copyright. Copyright is only one form of intellectual property (IP). There are other forms, like trademarks, patents and trade secrets. Each one protects very different types of things.

Can you get sued for a band name?

As an owner of a trademarked band name, you have a right to enforce unauthorized use and sue an unauthorized user for trademark infringement.

Can I mention Netflix in my book?

Writers frequently ask whether they can mention brand name products and services in their fiction. The answer is “yes,” provided that you take some common sense precautions.

How do you claim a band name?

Visit the United States Patent and Trademark Office online to do a trademark search. You need to make sure no one has already trademarked your band name before you can trademark the name yourself. Click on “Search Marks,” “Word and/or Design Marks” and enter your band’s name.

How much does it cost to copyright a band name?

You can copyright something related to your band’s name, such as a logo, according to the U.S. Copyright Office. As of the time of publication, the basic online registration fee for a copyright is $25.

Can 2 musicians have the same name?

Two (or more) bands with the same name. But let’s face it: with millions of bands online, there’s actually a decent chance another active group has exactly the same name as you. And the likelihood two bands with the same name increases if you are managing or working with several artists.

Can you mention song names in books?

Making reference to a song in a book you’re writing is easy as easy as putting the song title in quotation marks and citing the song in your references using MLA format. Put the song title in quotation marks. Follow up the song title with “by” and then the name of the artist (i.e. “Born This Way” by Lady Gaga).

Can you reference celebrities in a book?

Using someone’s name, image or life story as part of a novel, book, movie or other “expressive” work is protected by the First Amendment, even if the expressive work is sold or displayed. Therefore using a person’s life story as part of a book or movie will not be deemed a misappropriation of the Right of Publicity.

Can I reference a movie in my book?

You do not need permission to include song titles, movie titles, TV show titles—any kind of title—in your work. You can also include the names of places, things, events, and people in your work without asking permission.

Can you name your band after a song?

Sorry to correct you, but All Time Low came from the song “Head on Collision” by New Found Glory. But they’re all right ^, it’s words, there’s no legal repercussions for taking the name of a song and using it to name your band.

Can 2 bands have the same name?

And trademark for similar band names…



So, yes, similar band names happen, and they can cause sticky trademark issues. Therefore, it is helpful to be equipped with proper trademark registration to ensure your trademark ownership.

How do you legally own a band name?

Visit the United States Patent and Trademark Office online to do a trademark search. You need to make sure no one has already trademarked your band name before you can trademark the name yourself. Click on “Search Marks,” “Word and/or Design Marks” and enter your band’s name.