From Taylor Swift to Lady Gaga, the biggest artists have stage names that are recognised across the world. These names don’t just appear on singles charts and album covers: they’re on posters, merchandise, and billboards, and are an integral part of an artist’s brand identity.
As a musical artist, you’re probably focused on composing your next hit, perfecting your sound, or planning your tour. While all that is important, you may forget something critical — protecting your stage name! In today’s world, musical artists need to focus on brand-building as much as any tech startup, and trademarking is a crucial piece of the puzzle.
Why is Trademarking Important for Musical Artists?
Registering your stage name as a federal trademark with the United States Patent and Trademark Office (USPTO) is an important step towards safeguarding your brand. It ensures your stage name is uniquely yours, and your audience associates it exclusively with your sound.
Trademarking your stage name has many important benefits. Firstly, it prevents other artists or bands from using the same name. If another act performs under your name, it will confuse your customers, damage your reputation and could even lead to the other act being booked instead of you. Changing your name mid-career is never a good decision, and requires rebuilding a relationship with your listeners from scratch, so it’s best to avoid duplication from the get-go by trademarking your stage name.
Trademarking also protects musical artists from people trying to make a quick buck off their brand. It’s not uncommon for businesses, big or small, to use an artist’s name to sell products without permission. Trademarking your name gives you nationwide protection and legal enforcement rights against such issues.
Additionally, trademarking a stage name protects artists from cybersquatters. Some folks buy domain names that match or sound like an artist’s name, then try to sell them back at sky-high prices. Even big names like Madonna and Bruce Springsteen have fallen prey to cybersquatters.
Lastly, there’s the copycat problem. Without a trademark, you might find a new talent using a name eerily similar to yours, hoping to ride on your established credibility to fame. A trademark can prevent that, as registering one stops other artists from using names that could be mistaken for yours.
Step-by-Step: How to Trademark an Artist or Stage Name
Ready to protect your musical identity? Let’s walk through the step-by-step process of trademarking your artist or stage name.
Step #1: Ensure your Artist Name is Unique
First, you need to ensure your artist name isn’t already taken. Keep in mind that names like 51 Cent, Jay-X and Tailor Swift are too close to existing artists and won’t fly with the USPTO. They call these “confusingly similar” names, and they could mislead listeners into mistakenly purchasing or streaming the wrong track.
Online search engines, the USPTO’s trademark database and free trademark research tools are the way to go to see if your band name is unique. If it’s not, then it might be worth going back to the drawing board to find a name that’s not in use.
Step #2: Choose Your Filing Basis
When filing a trademark application for your stage name, you must list all “goods and services” for which you plan to use the name. This includes obvious things like your music and live shows, but don’t forget about merch or books. Take time to think through all possible uses before you file.
If you’re already using your name professionally, you can apply on an “actual use” filing basis. You’ll need to provide proof of use when you apply. If you haven’t started using your stage name yet but plan to, you can file on an “intent to use” basis. You’ll need to prove you’re using it within six months or request a 6-month extension.
Either way, a USPTO examining attorney will review your Statement of Use to ensure everything’s in order. It’s essential to be thorough and accurate in your application to avoid delays or rejections.
Step #3: File Your Application with the USPTO
Now, it’s time to file your application with the USPTO. This can be done online by creating an account and following the online steps. Once logged in, navigate to the Trademark Electronic Application System (TEAS). This is where you’ll fill out your application.
There are two options for filing: TEAS Plus or TEAS Standard. TEAS Plus is cheaper but has more strict requirements. TEAS Standard gives you a bit more flexibility but will cost you a bit more. Choose whichever fits your situation best.
When filling out the application, you’ll need:
- Your name and address
- Your artist name (the one you want to trademark)
- The goods and services you’re using the name for (remember that list we discussed earlier?)
- Whether you’re filing based on “actual use” or “intent to use” basis
- The date you first used the name commercially (for “actual use” filings)
For “actual use” applications, you’ll need to upload a specimen. A specimen proves how you use the trademark in commerce with your goods or services. This could be an album cover, a screenshot of your music on a streaming platform, or merch photos — anything that shows you’re actually using the name.
Once you’ve filled everything out, double-check it. Seriously, you need to double-check your information before proceeding, as mistakes can delay your application or even cause it to be rejected. Getting some expert help at this stage can save you from costly and lengthy hold-ups in securing your trademark.
Finally, you’ll need to pay the fee. As of 2024, it’s $250 per class of goods/services for TEAS Plus, or $350 for TEAS Standard. This is an investment in your brand identity that will pay off down the line.
Approval can take anywhere from 3-4 months to a year or longer. If there are issues, you may receive an “office action” explaining the problem and suggesting fixes.
You can also check the status of your trademark application to monitor its progress in the examination process. The status checker allows you to view all documents in your file.
Maintaining Your Stage Name Trademark
Well done on successfully registering your stage name as a federal trademark with the USPTO! But remember, unlike copyrights, trademarks don’t last a lifetime. They typically expire after about ten years.
To keep your trademark active, you must use the name in commerce and periodically file paperwork with the USPTO. These documents are called “Declarations of Use.” The first one is due between the 5th and 6th year after registration. You’ll need to file another between the 9th and 10th year and every ten years after that. Mark these dates in your calendar as missing them could cost you your trademark.
As of 2025, filing the Year 5 Declaration of Use costs $225 per class in your trademark. If filed before the grace period, the 10-year renewal application costs $525 per class.
Lastly, watch out for copycats, and defend your trademark if others violate it. If another artist starts using a name that’s too similar to yours, it’s on you to take action, as the USPTO won’t do so for you. You might need to send a cease and desist letter or even pursue legal action if necessary.
Wrapping Up
Trademarking your artist or stage name is crucial in protecting your brand and deterring copycats. While the process might seem daunting initially, following the steps outlined in this article will guide you through smoothly. Remember, your artist name is integral to your music and persona, so investing time and money to protect it is well worth the effort.
If you’re still not sure if a trademark is right for you, reach out for a trademark consultation with our experts. They’ll file on your behalf, ensuring a smooth and speedy registration, so you can get on with the creative work you love.
Frequently Asked Questions
Can I trademark my stage name?
Yes, you can trademark your stage name. This is a common practice for musicians and performers to protect their brand identity. However, your stage name must be distinctive and not already in use by another artist.
Should an artist copyright their name?
Artists don’t copyright their names; they trademark them. Copyright protects original creative works like music or art, while trademarks protect names, logos, and slogans used to identify goods or services. For artists, trademarking their name is generally more appropriate and provides more robust legal protection for their brand.
How much does it cost to trademark a name?
The cost to trademark a name in the United States typically ranges from $250 to $350 per class of goods or services, depending on the filing option you choose with the USPTO. However, this is just the basic filing fee. Additional costs may include attorney fees if you decide to use one and potential office action response fees.
How do I check if an artist name is trademarked?
To check if an artist name is trademarked, you can search with our free trademark checker. This free online tool allows you to search for existing trademarks and pending applications. It’s also a good idea to do general Google and social media checks to see if your intended name is already in use, even if it’s not officially trademarked.
