Stephanie Iken, Attorney at Law

Your band name is more than a label. It is your brand, your reputation, and often your most valuable asset. Unfortunately, many artists use a name for years without realizing someone else might already own the rights to it. Understanding how trademarks work can save you from losing your name, your merch, and even your streaming revenue.

Here is what every Florida musician should know about protecting a band name under state and federal law.

1. What Is a Trademark?

A trademark is a word, phrase, symbol, or design that identifies the source of goods or services. For musicians, that usually means your band name, logo, or even a slogan. A trademark helps prevent others from using a confusingly similar name in the same industry.

When you use your band name publicly in connection with your music, you automatically gain common-law trademark rights in the area where you perform or sell your work. But those rights are limited and harder to enforce. To fully protect your name, registration at the state or federal level is much stronger.

2. Check That Your Name Is Available

Before spending money on branding, check that your desired name is not already taken. Search in several places:

• The U.S. Patent and Trademark Office (USPTO) database at uspto.gov/trademarks
• The Florida Division of Corporations database at sunbiz.org
• Social media handles and domain names

Look for names that sound or look similar, not just identical. If someone is already performing under a similar name, especially in the same genre or region, you risk a legal conflict.

3. Common-Law vs. Registered Rights

Common-law trademark rights come from simply using your band name in commerce. You can place the ™ symbol after your name to indicate your claim. But these rights only apply locally and are difficult to enforce without proof of use.

State trademark registration (through the Florida Department of State) gives you broader protection within Florida. It costs less than a federal filing and is faster to process, but it does not protect you in other states.

Federal trademark registration with the USPTO offers nationwide protection, stronger enforcement tools, and the right to use the ® symbol. It also helps if you plan to tour, distribute music online, or sell merch outside Florida.

4. When to File

If your band is performing regularly, releasing music on streaming platforms, or selling merchandise, you are likely ready to file. You can file at the state level if your focus is local, or at the federal level if you plan to grow nationally.

Keep in mind that the USPTO requires you to show actual use in commerce — such as a show flyer, merch label, or streaming listing displaying your name. You can also file an “intent to use” application if you have not launched yet but plan to soon.

5. What to Include in a Trademark Application

A typical application asks for:

• The name or logo you want to protect
• The goods or services it represents (for musicians, this might include live performances, downloadable music, or clothing)
• The date you first used the name publicly
• A specimen showing real-world use, like an album cover or show poster

It is best to keep your description broad enough to cover your future growth but narrow enough to get approved quickly.

6. Protecting Your Brand Online

Even if you do not register right away, start protecting your name now by:

• Registering matching domain names and social media handles
• Including your name and copyright information on releases and merch
• Monitoring platforms for copycats or similar names

You can also use the ™ symbol next to your name to show you are asserting rights. For example: Gulfside Tones™.

7. When to Talk to an Attorney

Trademark law can be complex, especially when multiple artists use similar names in different states. A lawyer can help you:

• Evaluate whether your name is available
• Prepare and file your state or federal application
• Respond to USPTO office actions if questions arise
• Create licensing or merchandise agreements once your name is protected

The cost of a consultation is almost always less than the cost of a rebrand.

The Bottom Line

Your band name is part of your identity and your business. Protecting it early helps you build credibility, attract partnerships, and avoid legal headaches later. Whether you register in Florida or with the USPTO, treating your name like a business asset is a sign of a professional artist.

About the Author
Stephanie Iken is a Florida attorney who helps musicians and creative professionals understand and protect their rights. Her work focuses on practical legal guidance that helps artists build sustainable careers.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship.