What are trademark rights?
Trademark rights protect a A sign capable of distinguishing the goods or services of one enterprise from those of other enterprises., also called a brand, from being used by others without permission. It can also prevent others from using a trademark that is similar to yours. Trademarks are Rights, including copyright and related rights, in creations of the mind, such as copyrighted works, performances and sound recordings, patented inventions, registered designs, or trademarks., but unlike The ownership of rights in a song under copyright law and , they only exist if the trademark is registered with an A government agency responsible for regulating and administering intellectual property., which requires the payment of a fee for each country where the trademark holder wants protection.
Trademarks are typically registered as a graphic representation but can also include sounds. Think of the sound when you start your phone or computer, for example.
Who has trademark rights?
Trademark rights are owned by whoever registers the trademark. In the music industry, trademarks are typically used to protect the names and logos of In the context of music, a solo performer or group of performers who perform a musical work live or recorded., A company that represents songwriters, supporting their career development, monetizing musical works, and protecting copyrights. and A company that invests in, manufactures, distributes, promotes, and monetizes sound recordings on behalf of the artist..
Trademark owners can license the use of their trademarks to others for a fee. One common example would be licensing your band’s logo to a clothing company to print and sell clothes with your logo on it.
Not registering a name or logo does not always mean anyone can do anything with it. If you have been using a name or logo, it’s yours, but it is safer to have it registered as a trademark.
Registering a trademark costs money, and Anyone who contributes to creating or performing a musical work, a live performance, or a sound recording. should seek advice from a trademark lawyer on whether or not to register a trademark.
How do you register a trademark?
To register a trademark, you must file an application with an Intellectual Property Office, which is best done by a trademark lawyer or agent.
To register a trademark internationally, you can file a trademark application with individual trademark offices of each country you want trademark protection in, or you can use WIPO’s Madrid System.
To learn more about trademarks, visit the WIPO webpage about Trademarks .
Image credit: Martin Fabricius Rasmussen