Q: Looking to trademark my stage name as a DJ / Producer.
There is an unregistered band with the same name as I want "Ugly Sweater Party"
A:
You should contact a qualified entertainment or IP attorney for legal advice. For your name to be protectable as a trademark you will have to show that it is being used in commerce. Although a mark is not a registered trademark, the user can claim a common law right, by showing priority of use, in that, they have been using the mark before you. You should conduct trademark searches to identify third party trademarks, both common law and registered.
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