Can You Trademark Your Band Name?

A band name or stage name is often the most valuable thing a group owns, because it carries the audience. Registering it as a federal trademark is possible, but the USPTO applies special rules to the names of performing artists, and the right filing depends on how the name is used. This page explains those rules, the evidence the USPTO looks for, and the ownership questions to settle inside the band. Our main page on entertainment law for music, film and TV covers band agreements more broadly. Our copyright and trademark page covers registration work for every kind of brand.

How a band name gets registered, step by step

Decide who owns the name. The application must be filed by the owner of the mark (TMEP 1201), so the band settles that first.
Search for conflicts. The USPTO refuses a name likely to cause confusion with a registered mark or one already in use by someone else (15 U.S.C. 1052(d)). Our page on the likelihood-of-confusion refusal shows how that test works.
Pick the classes and the filing basis. File based on current use, or on a bona fide intention to use (15 U.S.C. 1051(b)). The base fee is $350 per class, plus $200 per class for a free-form description instead of the USPTO's ID Manual (USPTO fee schedule).
Get written consent where needed. A name that identifies a particular living person needs that person's written consent (15 U.S.C. 1052(c)).
Answer any office action. The response is due three months from the issue date, extendable once by three months for $125 (37 CFR 2.62). A rejected stage photo is a common issue, covered on our page on a refused trademark specimen.
Publication. Anyone who believes they would be damaged can oppose within 30 days after publication (15 U.S.C. 1063(a)), the start of a TTAB trademark opposition.
Prove use, if you filed on intent. The statement of use is due six months after the notice of allowance, at $150 per class, with six-month extensions at $125 per class (37 CFR 2.88, 2.89).
Keep it alive. The first maintenance filing, a Section 8 declaration, is due in the year before the sixth anniversary of registration (15 U.S.C. 1058); our page on trademark maintenance deadlines and fees lists the rest.

Can you register a band name for recordings?

Only once it identifies more than the performer. The USPTO's examination manual says a performing artist's name on a sound recording must be refused if it is used solely to identify the artist. It can be registered when two things are shown: the name is used on a series of recorded works, and the evidence shows the name identifies the source of that series, not just who is performing (TMEP 1202.09(a)).

The series has to be real. The applicant must show the name on at least two different works, such as two album or single covers, and the same work in different formats does not count (TMEP 1202.09(a)(i)). Then the applicant must show the name works as a source identifier, in one of two ways:

Promotion and recognition. Advertising that promotes the name as the source of the series, third-party reviews that use the name to refer to the series, or websites and apps that present the name as the source of the group's recordings (TMEP 1202.09(a)(ii)(A)).
Control. Documents showing the artist controls the quality of the distributed recordings and the use of the name, such as license agreements. This is the route the Federal Circuit accepted for the group ABBA (TMEP 1202.09(a)(ii)(B)).

If the series or the source evidence falls short, the manual says the name may be registered on the Supplemental Register in an application based on use or a foreign registration, but not on the Principal Register through a claim of acquired distinctiveness.

What about live performances and other services?

A band can also register its name as a service mark for live musical entertainment. Here the test is that the name must identify and distinguish the services, not merely the individual or group (TMEP 1301.02(b)). The USPTO's own list of acceptable specimens includes a photo of a band performing on stage with the band's name displayed during the performance, for live musical entertainment services. Merchandise is a separate question again: each class of goods or services in an application carries its own USPTO filing fee, currently $350 per class, so recordings, live shows and merchandise may each need their own class.

How the USPTO treats a band or artist name
Use of the name	What the USPTO looks for	Rule
On one album or single	Refused if it only identifies the performer	TMEP 1202.09(a)
On a series of recordings	At least two different works, plus evidence of promotion and recognition or of control	TMEP 1202.09(a)(i), (ii)
For live performances	The name must identify the services, not just the group	TMEP 1301.02(b)
On merchandise	Ordinary trademark use on the goods, filed in the class for each kind of product	USPTO fee schedule

Who owns the band name?

The USPTO does not decide that for you. An application must be filed by the owner of the mark (TMEP 1201), and the manual says proof that an applicant is not the proper owner is beyond what an examining attorney can require during examination (TMEP 1715.01(b)). So the band should decide first: the members jointly, a company the members own, or one founding member who licenses it to the group.

That decision belongs in a band agreement, along with what happens to the name when a member leaves or the group splits. Our post on the clauses that prevent disputes in personal service contracts covers drafting points that carry over to band agreements. Songwriting splits raise a parallel question for the songs, covered in our post on music copyright ownership disputes.

If a member will hold the name and license it to the group, the license needs real quality control. Federal law treats a mark as abandoned when the owner's conduct causes it to lose its significance as a mark (15 U.S.C. 1127), and the USPTO's ABBA example shows how written control can also be the evidence that gets the name registered.

What about album titles, and someone else using the name?

Album and song titles follow a different rule: the title of a single work cannot be registered at all, as explained in can you trademark a title. And if another act or company has filed for a name you use, the deadlines for letters of protest, oppositions and cancellations start running immediately; see what to do when someone files for your brand name.

Band name filing deadlines and USPTO fees (fee schedule last revised August 14, 2026)
Stage	Deadline	USPTO fee	Source
Application	Any time; filing sets nationwide priority if the mark registers	$350 per class, plus $200 per class for free-form text	15 U.S.C. 1057(c); fee schedule
Office action response	3 months from issue, one 3-month extension	$125 for the extension	37 CFR 2.62
Opposition by a third party	30 days after publication, extensions available	$600 per class for the opposer	15 U.S.C. 1063; fee schedule
Statement of use (intent-to-use filings)	6 months after the notice of allowance	$150 per class	37 CFR 2.88
Extensions to prove use	Six-month steps; the first plus up to four more	$125 per class each	37 CFR 2.89
Section 8 declaration	Between the 5th and 6th anniversary of registration	$325 per class	15 U.S.C. 1058

What changes the answer

How many releases are out. One single cannot show a series; a second different release can (TMEP 1202.09(a)(i)).
The filing basis. In an intent-to-use application, the USPTO generally waits for the specimens filed with the allegation of use before refusing a name as only identifying the performer (TMEP 1202.09(a)(iii)), which gives a new band time to build the series.
Who releases the music. A band that records and releases its own music may submit a verified statement that it publishes or produces the goods and controls their quality (TMEP 1202.09(a)(ii)(B)).
Whether the name is a real person's. Stage names and nicknames count if they identify a particular living person known to the public or publicly connected with the band (TMEP 1206.01). Consent to use the name is not consent to register it (TMEP 1206.04(a)).
Someone used the name first. Filing gives nationwide priority once the mark registers, but not against a person who used the name before the filing date and has not abandoned it (15 U.S.C. 1057(c)).
The band stops playing. Three consecutive years of nonuse is prima facie evidence of abandonment (15 U.S.C. 1127), the subject of our page on whether you can lose a trademark through nonuse.

A worked example

For example, suppose a four-piece Athens rock band has played regional shows under its name for two years and released one single. The four members form a company to own the name and sign a band agreement covering what happens if someone leaves.

The company files in two classes: live musical entertainment, based on current use, and sound recordings, based on intent to use. Using descriptions from the ID Manual, the filing fees come to $700, $350 per class, with no free-form surcharge. For the live services, the specimen is a stage photo showing the name on the kick drum, the kind of example the USPTO lists as acceptable.

The recordings class cannot rely on one single, so the intent-to-use basis matters. The examining attorney may flag the series issue as a courtesy but generally waits for the allegation of use (TMEP 1202.09(a)(iii)). After the notice of allowance, the band has six months to file the statement of use, at $150 for the class, and by then has a second single out with its own cover and the press coverage to show the name identifies the series. If the second release slips, it can buy six-month extensions at $125 each.

If the band name were the singer's own name, she would sign the application or a written consent to registration (TMEP 1206.04). And after publication, the band would watch the 30-day opposition window before treating the name as safe.

Common mistakes

Filing for recordings on a use basis with only one release, which invites a refusal because one work is not a series.
Filing in one member's personal name without a band agreement, leaving the others to argue about ownership later.
Using the same cover in two formats as "two works", which the USPTO says does not establish a series.
Relying on a member's verbal OK to use their name, when registration needs written consent to register.
Typing a custom description of services instead of using the ID Manual, which adds $200 per class.
Letting the name sit unused for years after a breakup, inviting an abandonment claim.

What to do this week

Search the USPTO's records for the name and close variations, and note any act using it in your genre.
List every release with its date and save each cover image that shows the name.
Save dated stage photos where the name is clearly visible during a performance.
Agree in writing who owns the name and what happens if a member leaves.
If the name is a member's real or stage name, get that person's signed consent to registration.
Choose the classes you need now, recordings, live shows or merchandise, using ID Manual descriptions.

Frequently asked questions

Do you need a registration to use your band name?

No. Rights can come from use alone, but a federal registration adds nationwide priority from the filing date (15 U.S.C. 1057(c)). Our page comparing common law, Georgia and federal trademark protection explains the three levels. Our page for Atlanta IP and entertainment clients also addresses the Georgia or USPTO choice for local acts.

Can a solo artist register a stage name?

Yes, under the same series and source rules. Consent is presumed when the artist personally signs the application and confirms the name is theirs (TMEP 1206.04(b)). Creators who build a brand online face similar questions, covered in our post on trademark protection for content creators.

What if another band already registered our name but stopped performing?

Three years of nonuse is prima facie evidence of abandonment (15 U.S.C. 1127), and a registration can be challenged at any time on the ground that the mark has been abandoned (15 U.S.C. 1064(3)). The USPTO fee for a petition for cancellation is $600 per class.

Who keeps the name if the band breaks up?

Whoever the band agreement says owns it, or, without one, whoever can show ownership under trademark law, which can turn into a dispute. The USPTO will not sort this out during examination (TMEP 1715.01(b)), so the agreement should cover departures before anyone leaves.

Does a U.S. registration protect the name on tour abroad?

A USPTO registration is a United States right, and other countries apply their own rules. Our page on protecting a U.S. trademark in other countries explains the options for acts releasing or touring abroad.

Zala IP Law registers and protects names for bands, artists and creators, and drafts the band agreements that decide who owns them. To check whether your name is ready to file, request a consultation or call 404-313-1701.

Can you trademark your band or artist name?