# Trademark for musicians and bands

Source: https://joinopenfile.com/use-cases/trademark-for-musicians
Index: https://joinopenfile.com/llms.txt

A band or artist name can be a trademark. Most artists look at class 41 for live shows, class 9 for recordings and class 25 for merch.

## Decide who owns the name first

Bands split, and the name is usually what they fight over. Agree in writing who owns it. Many bands put it in an LLC so it doesn't belong to any one member.

## What you can't register

The title of a single song or album generally can't be a trademark. A series can be, and so can your name as an artist.

## Start with what earns money

You pay per class, so file where you're actually performing or selling. Add more when you need them.

## Classes to look at

- [Class 9: Software & electronics](https://joinopenfile.com/trademark/classes/9)
- [Class 25: Clothing](https://joinopenfile.com/trademark/classes/25)
- [Class 41: Education & entertainment](https://joinopenfile.com/trademark/classes/41)

## Questions

Does a trademark stop another band using the name?

Registration gives you a nationwide claim for what you've registered. A band already using the name elsewhere may have rights in its own area, which is why you search first.

We're not a law firm or a tax adviser. This is general information, not advice for your situation.

## Protect your name

[File a trademark](https://joinopenfile.com/trademark/start)

$200 + USPTO fee. An attorney reviews and files it.