Trademarks for musicians, influencers, and creatives.

Trademark protection grants business owners, creators, musicians, and artists the essential rights to safeguard their brand, logo, or slogan from counterfeiting and unauthorized use. A trademark signifies legal rights to the uniqueness of goods and services associated with a particular trademark. By registering a trademark, owners ensure that their hard-earned creations are shielded from exploitation, preventing others from profiting off their intellectual property.

In simpler terms, trademark protection is like putting a big fence around something special you made, like a logo or a catchy phrase. It's a way to make sure nobody copies it or uses it without your permission. Just like how you put your name on your drawings as a kid to show they're yours, a trademark is a special stamp that says, "This is mine, don't copy!" So, if you're a musician or artist, it's important to get that stamp for your pen name, YouTube channel title, book series, etc., so nobody else can copy what you've worked hard to create.

I am still confused, what should I protect?

I get this question quite often, so I am happy to shed light on how to best protect yourself and your brand!

Trademark services are divided into 45 categories, each covering different products and services. If you're curious about these categories, you can start exploring them here. For creatives like influencers, musicians and artists, two important categories are class 41 and class 9.

Class 41 is all about educational and entertainment services, perfect for those who offer things like live performances, produce content, or have a presence on platforms like Instagram, Spotify or YouTube. It also includes services like courses, performances, podcasts, acting, and songwriting.

On the other hand, class 9 is for downloadable goods, covering items like downloadable music and videos, CDs, or mobile applications. If you're offering these kinds of products, class 9 is the way to go for protection.

If you're tight on budget, prioritizing class 41 might be a good idea, especially with the rise of streaming services. However, many big names in the industry opt for both class 41 and class 9 to ensure comprehensive protection for their work.

I have seen many instances where an artist is only covered in one of the classes and another artist with an identical or similar name tries to sneak an application in the other class. This type of matter can end up in court and litigation which can take years and several thousands of dollars to resolve. If your budget allows, it is best to be prudent and invest in a trademark in both classes as soon as possible. 

Again, this information applies to all creatives such as influencers, podcast hosts, OnlyFans content creators, public speakers and many more!

What if I want to sell merch?

That’s a great question! This is a stone left unturned by many creatives. Many creatives are focused on their brand/stage name for selling their entertainment services and downloadable music but they neglect goods they may sell such as clothing, posters, etc. 

Artists with robust legal teams like Beyonce, Kanye West, Justin Bieber, Jake Paul, etc. have trademarks in several classes because their legal teams know the value of being able to fully control their brand. You will typically see protection in class 41 for entertainment services, class 9 for downloadable music, class 25 for clothing, and even class 16 for posters. The more you can protect your brand the better! 

Below is an example of Jake Paul’s trademark registration:

I need your legal assistance!

Guiding over 2000 business owners through their trademark process, I have helped many creatives! If you need help with making sure all your bases are covered as a creative, please reach out here and let me know how I can help!