Group Names
Forming or being a part of a
musical group is the ultimate dream for most aspiring musicians. Yet, one of
the most important aspects of forming a group involves the legalities of group
name ownership and group partnership. From a logical and business standpoint,
taking care of group name ownership and group partnership should be the first
matter at hand before any recordings are made. A right to a group name or
trademark usually, but not always, derives from priority of use. Priority of
use simply means that any person or entity that used the service mark or
trademark first. This is very important because a small, obscure group can stop
a newer and more successful group from using the same name, or at least in the
geographic region where the obscure group has a local or cultic popularity.
In the entertainment industry,
use of a group name is known as a service mark, which is different from a
trademark. A service mark is used primarily for services even though it can
also be considered a brand name. A trademark, which is also a brand name used
on a product, can also be a logo design, word, or both. The best way to secure
a service mark or trademark in America is to be original and use it first.
When conducting research for a
group name ownership, consult trade references like Billboard International
Talent & Touring Directory, Yellow Pages of Rock, and the American
Federation of Musicians (AFM). In fact, the AFM in New York will tell you
over the phone whether or not their current records reflect any exclusive agency
contract with a group that’s known by the tentative name you have in mind for
professional use. While the AFM list is very extensive, it is by no means a
complete list. A professional name search should be conducted through the U.S.
Patent and Trademark Office in Washington, D.C., or your local state Secretary
of State Offices. On 11.16.89, the U.S. Federal Trademark Law made provisions
for advance filing of an “intent to use” service mark or trademark application
for federal registration. There must be, however, a bona fide intention to use
the trademark or service mark. By filing such an application, it is quite
possible to create a superior right to the trademark or service mark,
even if someone else starts using the trademark or service mark after you have
registered the mark but before you have actually used the trademark or service
mark.
You have been given the basics and a starting point, go from there!
™ Digital & Electronic Music Organization, Inc. 
