Queens, NY asked in Entertainment / Sports, Intellectual Property and Trademark for New York

Q: Can I trademark my music groups name, even if it’s trademarked for other companies that aren’t music related?

2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: Yes, you can trademark your music group's name even if it's already trademarked in other, non-music-related industries. Trademarks are generally industry-specific, meaning the same name can be used in different industries without issue, as long as there's no likelihood of consumer confusion.

When applying for a trademark in the music industry, the key is to ensure that your group's name isn't already in use within the same or closely related categories, like entertainment services, musical recordings, or performance services. If another entity holds a trademark for the same name in a completely different industry, like software or clothing, it typically won't prevent you from using and trademarking that name in the music sector.

However, it's important to conduct a thorough search of existing trademarks to ensure there's no potential conflict. An attorney with experience in intellectual property law can assist in this process, ensuring a comprehensive search and guiding you through the application process.

Keep in mind that securing a trademark can protect your group's name from being used by others in the music industry and is a valuable step in establishing and safeguarding your brand.

Kirk Theodore Schroder agrees with this answer

Kirk Theodore Schroder
Kirk Theodore Schroder pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Entertainment & Sports Law Lawyer
  • Washington, DC
  • Licensed in New York

A: Yes, you can trademark your music group's name even if it is already trademarked for other companies in non-music-related industries. Trademarks are granted within specific classes of goods and services. If your music group's name does not conflict with existing trademarks in the music and entertainment category, you may be able to register it for your use.

Key points to consider:

Distinctiveness: The name should be distinctive and not generic or descriptive of the music services you're providing.

Search for Existing Trademarks: Conduct a thorough search to ensure that the name is not already trademarked in the music and entertainment classes.

Non-Confusion: The name should not be confusingly similar to existing trademarks in your industry, as this could lead to legal disputes.

Registration Process: File a trademark application with the appropriate intellectual property office, like the United States Patent and Trademark Office (USPTO) in the U.S.

Consulting with an intellectual property lawyer is recommended to navigate the trademark registration process effectively.

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