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Trademarking a stage name

PPrince

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Jan 23, 2021
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Hello everyone,

I hope I am posting this inquiry in the right forum. I have been getting conflicting information, as I am trying to obtain reliable information on the stage name trademarking process for non-US musician nationals. Thank you for your kind help.
 
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MichelleWood

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Hi
I used a stage name when acting/modeling. I registered the stage name as my company name (Pty Ltd in Australia), which I then could have gone on to trademark. I knew the acting wasn't a long term gig for me so didn't bother completing the process.

However I have had experience with successfully trademarking for my landscape maintenance company. I imagine the process would be the same:
  1. Do a Trademark search, being a muso, I'd look at the International Trademark databases.
  2. You need to determine the basis for filing i.e. do you intent to use this name or are you already using it - you'll have to prove it. We had to send evidence of our stationary, vehicle signage, uniforms, invoices, website (there were no socials back then).
  3. For your application you need to identify the class of use (I just looked it up, Class 41 is entertainment). You have to be able to describe the 'service'. Then you'll need a specimen of use - a screen shot of your website will do here or poster from a gig.
  4. File your trademark. From memory, Madrid protocol for International trademark- please check this, it's been 20 years since I did it.
  5. There might be a bit of back and forth. If approved it will be published in the official gazette, where there's an objection period.
  6. Key to maintaining is that you must use your trademark, failing to use means you could loose your rights.
Good luck!
 

PPrince

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Jan 23, 2021
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Hi
I used a stage name when acting/modeling. I registered the stage name as my company name (Pty Ltd in Australia), which I then could have gone on to trademark. I knew the acting wasn't a long term gig for me so didn't bother completing the process.

However I have had experience with successfully trademarking for my landscape maintenance company. I imagine the process would be the same:
  1. Do a Trademark search, being a muso, I'd look at the International Trademark databases.
  2. You need to determine the basis for filing i.e. do you intent to use this name or are you already using it - you'll have to prove it. We had to send evidence of our stationary, vehicle signage, uniforms, invoices, website (there were no socials back then).
  3. For your application you need to identify the class of use (I just looked it up, Class 41 is entertainment). You have to be able to describe the 'service'. Then you'll need a specimen of use - a screen shot of your website will do here or poster from a gig.
  4. File your trademark. From memory, Madrid protocol for International trademark- please check this, it's been 20 years since I did it.
  5. There might be a bit of back and forth. If approved it will be published in the official gazette, where there's an objection period.
  6. Key to maintaining is that you must use your trademark, failing to use means you could loose your rights.
Good luck!
Thank you for the info MichelleWood. Much appreciated!
 

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