Trademarking and the Music Industry.

Copyright laws protect literary musical, dramatic, and other artistic intellectual property, trademark laws protect names, logos, or other (trade) marks associated with a business or individual.

The significance of a trademark is that it legally assures the owner’s right to use (and profit from) that trademark in association with the service or product he or she provides. The trademark also allows its owner to prevent others from using the same or a similar name or design.


These exclusive rights are granted via the Federal Lanham Trademark Act, or by state trademark laws.

In the music industry, trademarks are most often used for the name of a record label or of a group, band, or artist. The trademark, for example, identifies the corporate owner that manufactured records for many years. The trademark identifies the band that provides musical entertainment services.

A record label’s name is often intended to convey the vision of the owner or appeal to a broad market (e.g., Motown, Bad boy, Roc-a-fella, Universal, or Good Records). Identify, in a creative way, the type of music the record label distributes. As a label grows, its name becomes associated with the quality of the artists it signs and records. This recognition gives value to the name or logo, which the label wants to protect as a trademark.

You could even place the familiar “TM” (trademark) symbol in very small letters immediately following your label’s name or mark on compact discs, CD artwork, and print advertising. This will indicate to others that you are claiming trademark rights to that name or mark. After your mark has been accepted for registration by a state or federal trademark office (see below), you will exchange “TM” for the traditional “R” in a circle.

You can find further information by visiting the U.S. Patent and Trademark Office online at www.uspto.gov.