What are my rights to a trademark name?

You may well have superior rights to your name based on your prior use of the name in commerce. You should speak with a trademark attorney regarding your rights and your options to enforce them, such as a Cancellation Proceeding at the USPTO.

You can pursue a trademark cancellation proceeding in the Patent and Trademark Office - based on your "prior user rights" - but it will be expensive and require the assistance of a trademark lawyer. Visit the website - www.uspto.gov - for more information. In the alternative, you could sue the other party in Federal Court for infringement of your "common law" trademark rights. Again, will be expensive and require the assistance of a trademark lawyer. The first option only takes away the trademark registration if you are successful. The second option, if you are successful, can result in both removal of the registration and an injunction against future use of the mark by the second party.

If what you say is true, then you may have a good case to have the later mark cancelled in a cancellation proceeding. If you want to proceed you could also make a case for damages. However i doubt if there is any confusion with the STEVE MILLER BAND.

A name cannot be trademarked. However, if over the course of years the public becomes accustomed to thinking of a particular product or service by a specific name, the name reaches trademark status. Yes, you can fight the other party's application and even registration of the name. You will need to prove that you were using the name prior to the other party and that when audience members hear the name "Space Cowboy," they think of you rather than the other guy.

You may have common law rights in the name and may be able to cancel the other person's trademark.