![]() ![]() Identifications that are often relevant to musicians are found in Classes 9 (e.g., CDs and downloadable audio files featuring music) and Class 41 (e.g., entertainment services in the nature of live vocal performances by musical bands). Services are activities performed for the benefit of others, such as live vocal performances by a musical band. Goods are products, such as CDs or T-shirts or paintings. ![]() The application filing fee is related to the goods and/or services listed in the application. The application must list the goods and/or services on or in connection with which you use or intend to use the mark in commerce. It may be helpful to consult a lawyer about these issues. In the case of a band, the members might consider who should own the trademark rights if something happens to the band. Although less common, several persons can jointly own the rights (see “joint applicants” TMEP 803.03(d)). This may be an individual, a legal entity such as a sole proprietorship, a corporation, or a partnership. Before registering a mark, it is important to decide who owns the mark. Some issues that commonly arise when registering trademarks for musicians and artists are set forth below. Further benefits and an overview of the application process are explained on our Trademark Basics page. Registering Your Trademark with the USPTOĪlthough federal registration of a mark is not mandatory, it has several advantages, including notice to the public of the registrant's claim of ownership of the mark, legal presumption of ownership nationwide, and exclusive right to use the mark on or in connection with the goods/services listed in the registration.For information about registering copyrights with the Copyright Office, please visit the Copyright Office website at In addition, the Copyright Office’s Compendium provides guidance on registering musical works and visual art works. ![]() Several Circulars provide information on Copyright Basics (Circular 1), Registration for Works of the Visual Arts (Circular 40), and Musical Compositions and Sound Recordings (Circular 56a). Copyright Office, which is part of the Library of Congress, is responsible for registering copyrights and providing policy guidance (e.g., releasing a study on Copyright and the Music Marketplace). It also provides policy guidance to the Administration on all forms of intellectual property, including trademarks and copyrights. The USPTO is responsible for issuing federal trademark registrations, and it provides a forum to challenge trademark applications and registrations. Understanding the differences between copyrights and trademarks helps to ensure that creative works and brands are properly protected.
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