What are trademark rights?
Trademark rights protect a , 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 , but unlike and , they only exist if the trademark is registered with an , 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 , and .
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 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