QUESTION
How can I protect the name of my band from being used by someone else?
Asked on Nov 13th, 2012 on Intellectual Property - California
More details to this question:
I started a band. It split up, and I want to be able to protect the name from being used others. How can I do that?
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If the name is used on a good in interstate commerce or international commerce with the US, you could file for trademark registration. If it is not used, it cannot be registered, and names cannot be "locked up" without use Except with an Intent to Use mark. See www.uspto.gov to learn more about trademarks.
Answered on Nov 16th, 2012 at 10:53 AM
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Generally speaking, the law of trademark protects this interest. But once you have abandoned the business, it will be difficult for you to assert trademark rights in the name. If you resume the use of the name, you can apply to protect it as a registered trademark. It may also be possible to protect it by filing an intent-to-use application. A trademark attorney can assist you in doing this.
Answered on Nov 14th, 2012 at 9:31 PM