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Bloodred Forum - View topic - Trademarking your band name
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 Trademarking your band name 
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Bloodred Metalhead
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Post Trademarking your band name
Has anyone here actually gone out and done this? If so, I have some questions for ya... I somehow doubt there will be many people who have done it though :P


Wed Aug 11, 2010 4:27 pm
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Borderline Pleasant QUEEN BEE
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Post Re: Trademarking your band name
Well, no one I know of to my best recollection, but I know a couple of threatening emails got rid of a US band named Sufferance, and Dead River Wasteland got threatened by Dee Snider when they were called Widowmaker. So yeah it's a good idea. Soundy, Mike S and Antiquus would probably know the most about this topic.


Thu Aug 12, 2010 12:22 am
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Trashmetal Titan
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Post Re: Trademarking your band name
This is something i'd like to find out about, but never could. i know this doesn't even remotely help though, and the name of my band is probably already taken 6 or 7 times by now (Antihuman).

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Thu Aug 12, 2010 5:09 am
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Bloodred Metalhead
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Post Re: Trademarking your band name
Yeah, I was looking into the trademarking process and it said it takes something like 24 months (up to). Trying to read the rest of the process made my head spin. It looks like a clusterfuck of bureaucracy and forms (plus it costs something like 200 to TM your name in Canada for about 15 years). They mentioned lots of back and forth legal documents and that people should consult with some sort of lawyer... at this point I gave the fuck up. I'm just concerned because there is definitely a band named Reaver out there in the US and I would be very unhappy to have to change my band name after all the money we've put into it :P


Thu Aug 12, 2010 10:43 am
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Post Re: Trademarking your band name
Godweapon wrote:
. I'm just concerned because there is definitely a band named Reaver out there in the US and I would be very unhappy to have to change my band name after all the money we've put into it :P



The same thing happened to BISON....hence they are now BISON B.C.

Even a huge band like "X" from Japan had to change their official name to "X Japan"

And recently, some piece of shit band American wanted half a million dollars to give up their name rights , so "Black Country" added the word "Communion" to their name so the douche band got jack shit at the end, for being so greedy, instead of say a more reasonable $10,000 or so.


Thu Aug 12, 2010 1:15 pm
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Trashmetal Titan
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Post Re: Trademarking your band name
I can remember looking into it years ago back home, but the process was pretty convoluted and expensive so i left it. have to do it eventually, i'd hate to have to change my name. A couple of cruel examples:
My mates had a small band called shadowfax. they were gigging all over Ireland, playing small headliners and supporting a lot of other local bands. they recorded some songs, put the name up on Metal Archives, and got contacted by another band with the same name, an american band i think. After a few emails between the US vocalist and the irish guitarist, it turned out the US band was defunct, and they said it was okay for the lads to use the same name. nice guy, didn't care. then he died about a month later, and a keyboard player from the US band kicked up a fuss and told the lads to stop using the name or face legal action. So they changed their name, and no-one knew them. they kept changing name a few times after, and then broke up. Shame.

A different one: When I was younger, I used "Slavior" as a band name for stuff I wrote myself outside of Antihuman and another local band I was in. Never done much with it, played once, recorded some rough stuff on my PC. Started working on getting a band together and doing something properly with it, and then another band turned up online with the same name. seemed pretty famous, but very shit. So i dropped it as a band name, and just went back to working on the Antihuman instead.

Small examples, but still.

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Thu Aug 12, 2010 1:43 pm
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Bloodred Metalhead
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Post Re: Trademarking your band name
Bush changed their name in Canada to Bush X... that's all I remember. If anyone has done this, please post on here!


Thu Aug 12, 2010 2:22 pm
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Post Re: Trademarking your band name
Godweapon wrote:
Bush changed their name in Canada to Bush X... that's all I remember. If anyone has done this, please post on here!


Local band Tusk turned into Venomous Tusk due to Tusk the Pelican side project... then other local band Tusk turned into local band Auroch :lol:

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Thu Aug 12, 2010 2:44 pm
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Borderline Pleasant 0MN1G33K
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Post Re: Trademarking your band name
Antiquus (or a previous incarnation of it) was once known as The Gathering, until a band from Sweden sent them a letter... ISTR some chicks who came to a show at The Columbia actually thinking it was the OTHER Gathering :)

A friend's band was called Threshold, until they got a similar letter from a European band with the same name... so they changed their name to Liminis (which is Latin for "threshold" ;))

There used to be another local band (their original name escapes me at the moment) who got a "cease and desist" letter from another band with the same name... so they actually changed their name to Cease and Desist.

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Thu Aug 12, 2010 4:09 pm
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Post Re: Trademarking your band name
Actually Omega Crom used to be Crom and the same thing happened. If you go to Metal Archives, you can type in a band name and it will show you many bands of the same name, and if they are all indie they usually don't fight about it. Or if they are of different genres: e.g. Thorazine, death metal band from Calgary, shared a name with a non-metal band from Cincinnati, different genre and market so nothing happened. It's only if there is a potential for copyright infringement that you may have problems esp if the band is signed.


Thu Aug 12, 2010 4:35 pm
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Valar Morghulis
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Post Re: Trademarking your band name
Soundy wrote:
Antiquus (or a previous incarnation of it) was once known as The Gathering, until a band from Sweden sent them a letter... ISTR some chicks who came to a show at The Columbia actually thinking it was the OTHER Gathering :)


That could be a very beneficial misunderstanding. ;)


But when looking for the name, always check Metal Archives and Google it, and do a Youtube search, etc. etc.

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Thu Aug 12, 2010 7:36 pm
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Bloodred Metalhead
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Post Re: Trademarking your band name
We never thought we would rise high enough on the food chain to be a threat to anyone, from a marleting perspective. Lucky for us, we were wrong! ;)

It just goes to show, intellectual property is key - it's the most important asset you've got. If you don't see the point in defending your copyright, don't bother to protect your name, either. But, if you care, the tools you need are right in front of you. Copyright is instantaneous, but you have to show it to the world. Trademarking is more involved, and more expensive, but it also is more secure. There are a couple of good lawyers in town who can help you navigate the trademarking process. You need a lawyer to help you register your trademark, and undertake your due dilligence. You'll need to make sure that your trademark is unique - takes a couple of weeks altogether.

And for those of you who don't see (or want to see) the financial power of a trademark, you needen't look any father than Hello Kitty. It's a trademark, *with no product attached to it*. Licencesing the brand for products made by third parties has turned the mark owner into a billion dollar business.

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Thu Aug 12, 2010 11:38 pm
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Post Re: Trademarking your band name
Do you know if any lawyer can hadle this or if there is a special 'type'. I would DEFINITELLY need outside help on this one but the other band sharing the name is a dark industrial band so that's close enough to make me nervous (considering we have no intention of breaking up or being non-serious any time soon)


Fri Aug 13, 2010 11:55 am
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Bloodred Metalhead
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Post Re: Trademarking your band name
Godweapon wrote:
Do you know if any lawyer can hadle this or if there is a special 'type'. I would DEFINITELLY need outside help on this one but the other band sharing the name is a dark industrial band so that's close enough to make me nervous (considering we have no intention of breaking up or being non-serious any time soon)


You really want to go with a lawyer who specializes in intellectual property. There are a few firms that have lawyers that specialize in this area. Here's a short list to get you started.

http://www.barrigar.com/
http://www.blgcanada.com/en/home/practi ... perty.aspx (very large firm)
http://www.bht.com/cms/index.php?option ... &Itemid=56 (another large firm)
http://www.cameronip.com/ (smaller firm, deals exclusively in IP)
http://www.davis.ca/en/lawyers/Intellec ... operty-Law (largish firm, offices also in Toronto)
http://www.iproperty.ca/ (boutique firm speailcizing in IP)
http://www.langmichener.ca/index.cfm?fu ... il&id=3621 (another large firm)
http://www.mbm.com/services/index.html
http://www.nexuslaw.ca/ (another boutique firm)
http://www.patentable.com/ (supposedly Canada's largest boutique firm that practises IP law exclusively)
http://www.smithsip.com/ (focussed more on industrial clients, probably not your best choice)
http://www.ipvancouverblog.com/ (sole practisioner - largely focussed on competition/anti-monopoly/fair-dealing, etc)
http://www.vermetteco.com/ (yet another boutique firm)
http://www.ipcanada.ca/ (sole practisioner, also a member of nexus law group, above)

I also know that McCarthy-Tetrault does IP work, out of their Tornoto office, but thay also have a large ofice here in Vancouver. Couldn't hurt to call them...

last, but not least, call the Pacific Music Industry Assocaition - they have an office in Gastown. They can give you a referral - probably to their president, Bob D'Eith, who is a former musician and currently a lawyer.

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Mon Aug 16, 2010 10:51 am
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Post Re: Trademarking your band name
[quote="Goddess"] and Dead River Wasteland got threatened by Dee Snider when they were called Widowmaker. quote]

If I remember correctly it was all pretty friendly. Mr. Snider said he wasnt finished with the name and he would rather we didnt use it. Jay would remember better than me though.
It would have been alot funnier if he showed up outside our house on a glammed out von Dutch chop with a camera crew and and a baseball bat.


I messaged this band recently asking them if they were aware that there is a british columbian heavy metal band named Deadriver Wasteland: http://www.myspace.com/wastelandthrashmetal
They said they were well aware and we should do a show together ...
Had me wondering what the poster would look like :facepalm: :headwall:
Just have to find a band named LAND to complete the lineup.

Reaver: Don't freak out man. Most bands pop up for a couple years, realize it's more work than play, and fade out into the sunset of real life. Problem solved.


Wed Sep 08, 2010 3:16 pm
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Trashmetal Titan
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Post Re: Trademarking your band name
I was in Omega Crom back when it was just Crom. There were 3 other bands on Earth called Crom at the time and they were all more established than us. The Crom from Texas (I believe) had their label tell us to change our name. We figured since half the band couldn't afford jam rent, we could definitely not afford any legal procedures to secure the name. Hence "Omega Crom". We never bothered to tell them about the other 2 Croms.

Chances are none of these bands had any money or legal trademark but that's a crap shoot we couldn't afford to play.

Just remember most musicians are perpetually broke. Money for registering trademarks is usually spent in the studio. So if you do come across a band with the same name as yours there's a good chance their name is not protected either. Then it's just a matter of which band comes up with the money first. If you're smart you won't tip the other band off to your existence.

Here's a dirty trick. Just put one of these ™ after your name. It doesn't really protect you but it makes people think you are protected. Just hold down the Alt key then type (on your number pad) 0153 then release Alt. Most fonts have this. Some other Alt characters you may find useful are © 0169 or ® 0174. You can see how these look more official than (c) or TM or (R).

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Wed Sep 08, 2010 8:58 pm
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Bloodred Metalhead
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Post Re: Trademarking your band name
yeah I guess I just cross my fingers that the other band drops out of existence haha


Thu Sep 09, 2010 9:58 am
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Post Re: Trademarking your band name
© HEERA ™


:horns: ®


Thu Sep 09, 2010 10:03 am
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Mallcore Mosher

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Post Re: Trademarking your band name
we've been going through the same problem with another band in the US named skullhammer. We've had the name for at least 3 or 4 years before them and can prove it. but because they own an "American Trademark" and we haven't "commercialy released" any of our demos we've been told there label is going to take action to block the distrobution of our album in Canada, US, Germany, Japan etc.. because they technicly have first use of the name in all those country's. All I want to know is how is a small indie label able to spend thousands of dollars to start a lawsuite for a band that they probably make no money off of ?
either way i would suggest trademarking your name if feel the other band is a serious threat, otherwise you could end up dealing with alot of bullshit.


Mon Sep 05, 2011 1:00 pm
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Mallcore Mosher

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Post Re: Trademarking your band name
Well, I'm in Wasteland. We've got one show left on Oct. 7th. We're all moving on from there. Problem solved. Now, just to make it clear DRW contacted us once and not recently, more like a year ago. And we made our case, kept our name and it was over. You have not contacted us since. To come across this was not very cool, we're all metal musicians and we're not trying to fuck with you. We love DRW's metal, hell I've been to shows. Allright, thats all I needed to say about that.
oh yeah and Reaver - yeah you are right, we did finish playing as Wasteland, but fuck the work/play comment. We're all serious so it's hard not to take that as an insult, okay?
but that's allright, it's just an internet post.

anyways, I look forward to playing with either of you.
Hopefully, you understand where I'm coming from.


Thu Sep 29, 2011 12:30 pm
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