E urope - Parent Directory

Trademark & Servicemark
1. Make sure you search the Federal Register, then the Pending Register.
These are for the names that have been applied for, but not completed
yet. Call Washington, DC: (703)308-HELP and ask for the book
“Basic Facts about Registering a Tr a d e m a r k ” .
2. Trademark covers a product, while a Servicemark covers a service. A s
a musical act, we are a service. If A L L you do is make CDs and tapes,
but never play live, maybe your name only applies to a product. For
most of us, it’s a service first, then a product second. It’s all the same
form, just a technicality. Note: You can still use the ® [little (R) in a
circle] when you are registered.
3 . You can start using “TM” or “SM” after your name now. It means
you have i n t e n t to register, or are claiming legal ownership of that
name. You can use the ® *after* and only after the whole registration
is complete.
How much does it cost?
Each registration class costs $245. When I called the office help line, they
said if you register your Servicemark, that’s plenty of protection for now.
That is until you start selling loads of t-shirts, hats, action figures! Make
sure you get the new forms, since the older forms have $200. A
Servicemark for a musical act, you will want to file a “CLASS 41”. T h e
description of product/services is: “Entertainment Services in the nature of
Musical Performance.” Don’t forget to do this NOW, or all the work you’re
doing to promote your act will be wasted.
D e rek Sivers was the founder and president of the extremely popular online
music store, CD Baby. Derek has sold CD Baby and is now developing
new projects to help independent artists to succeed. For his free e-book on
how to be more successful promoting your music, visit www. s i v e r s . o rg
TRADEMARKING YOUR LOGO
by Vivek J. Tiwary and Gary L. Kaplan, StarPolish.com
© 2009 All Rights Reserved. Used By Permission
♦
A good logo is an invaluable tool in the imaging and marketing of a
developing artist. That is why it’s important to design a logo immediately
after you have settled on your name. But unlike your name, it’s more
acceptable to change your logo over the years without losing or confusing
fans. 3 11 and The Rolling Stones are great examples of bands that have
either changed or modified their logos to adapt with changing times or the
themes of certain albums or tours.
Not every artist has a logo, but a logo can only help. Remember that
your name simply and consistently printed in a certain standard font can be
a fine logo (e.g. Cheap Trick). I personally like logos that are minimal,
easy to remember, tied into the artist’s name, and easily reproduced. Like
your name, your logo should somehow also be in line with the vibe of your
a c t .
How do you get one?
A band member or friend designing your logo may assure a genuine and
intimate connection between the logo and the band. If no one you know is
talented in the visual arts, you can seek help from local design companies.
Be careful though, as some of these companies can be expensive.
A l t e r n a t e l y, you can solicit help from local design schools, whose students
may be willing to design a logo for free in order to gain working
experience and build up their own design portfolios. Try putting
flyers/posters up in the schools or posts on school bulletin boards
announcing that you are a local band/songwriter looking for a logo
d e s i g n e r.
Be seen
Once you have a logo that you are satisfied with, put it on everything— all
over your website, your merchandise, your CD, your letterhead, etc. Make
stickers and always keep a small stack of your logo stickers on hand. Stick
them on everything and everywhere. Consistency and repetition are critical
marketing keys. The more times people see the same logo, the more they
will remember it and your act.
Register your logo
Register with the U.S. Patent and Trademark Office (or comparable body
if you are based in another country). Much like with your name, you
acquire rights to your logo when it is publicly used in commerce. T h i s
means that when you sell your merchandise, or play a show where your
logo is displayed, you automatically obtain some common law rights in
that logo. Registering your logo as a trademark, however, will provide you
with important additional rights:
Do a search
Assuming that you are the first to use this logo, registering your logo will
help secure your right to use it, and prevent others from using the same or
a similar logo. Because of the extremely subjective nature of the trademark
analysis for logos, it might not be worthwhile to perform a search. It is not
with certainty you will discover the same or similar logo being used by
another band. If you choose to perform a search, you can try Thomson &
T h o m s o n, or the folks at (w w w. t r a d e n a m e . c o m) A lawyer can take care of
the whole thing, since the analysis is so touchy, that only an experienced
trademark attorney will be able to offer sound advice.
The good news is it’s not quite as disastrous, if you are forced to
change your logo. It might not be what you’d ideally like to do, but it pales
comparison to having to change your name. If you can afford to hire an
attorney to assist you, go ahead and trademark your logo. If your problem
is that you’re strapped for cash, try to register your trademark yourself by
using the website of the U.S. Patent and Trademark Off i c e
( w w w. u s p t o . g o v. )
Vivek J. Ti w a ry is the founder and President/CEO of both StarPolish and
The Ti w a ry Entertainment Group, a multi-faceted entertainment venture
focusing on artist management, marketing consultation, and pro j e c t
p roduction. Vivek has 10 years experience in the arts and entert a i n m e n t
industries, Prior to joining StarPolish.com, Gary L. Kaplan spent thre e
years at Skadden, Arps, Slate, Meagher & Flom, one of the world’s
p reeminent law firms. Gary was a member of Skadden’s Intellectual
P ro p e rty Department, focusing on patent litigation. Contact:
w w w. s t a r p o l i s h . c o m
E N T E R TAINMENT INDUSTRY L AWYERS:
WHO, WHERE AND HOW MUCH?!
by Wallace Collins, Entertainment Lawyer
© 2009 All Rights Reserved. Used By Permission.
♦
As a creative artist in the entertainment industry you do not need to know
everything about the business in order to succeed, but you should hire
people who do. When I was a teenage recording artist back in the late 70’s ,
I can remember being intimidated by the “suits”. Now that I am on the
other side of the desk, I have a broader perspective. I am here to tell you
that those “suits” can help you; provided, however, that like any other
aspect of your life, you use your instincts in making your selection.
The team
The best place for you to start building your “team” of representatives is
with a competent lawyer who specializes in entertainment law, which is a
combination of contract, intellectual property (copyright, trademark and
patent) and licensing law. Eventually, your team could possibly include a
personal manager, a booking agent and a business manager/accountant.
Your lawyer can assist you in assembling your team. He may then function
as the linchpin in coordinating the activities of your team and insuring that
these people are acting in your best interests.
The lawyer
A good lawyer will navigate you safely through the minefield that is the
entertainment industry. Record contracts, publishing agreements and
licensing arrangements can be extremely complicated. Proper negotiating
and drafting requires superior legal skills as well as knowledge of
entertainment business and intellectual property practice. Your lawyer can
explain the concepts of copyrights, trademark and patents to you and assist
you in securing proper protection for your work. In addition to structuring
and documenting a deal to maximize the benefits to you, some lawyers
also actively solicit deals for their clients.
The Indie Bible – 10 th Edition www.indiebible.com