Can You Trademark a Song?
No, you cannot trademark a song itself. Trademarks cover the way that material is marketed towards the consumer rather than the material itself. If you wish to protect your song from duplication or imitation, you may be able to copyright the music and lyrics for the song.
You will be able to trademark the name of a song provided you use that name to market your goods and services. You can also register your band or music group’s name as a trademark in order to prevent competing music groups from misleading consumers. (Similarly, you can also read more about trademarking a stage name.) If you have a song or band name for which you wish to register a trademark, you should have a trademark search performed so that you can be certain that the particular trademark is attainable. If another band has already registered a trademark for your desired name, you will not be able to claim it as your own.
If you are interested in trademarking the name of a song, you should contact our associates today so that we may evaluate the protectability of your name.
Trademarks vs Copyrights
| Item | Trademark or Copyright? |
|---|---|
| Business Name | Trademark |
| Business Slogan | Trademark |
| Business Logo | Can be both |
| Books | Copyright |
| Manuscripts | Copyright |
| Screenplays | Copyright |
| Movies | Copyright |
| Paintings | Copyright |
| Photographs | Copyright |
| Poems | Copyright |
| Song Lyrics | Copyright |
| Music | Copyright |
Common Trademark Topics for Musicians
- Trademarks for musicians - 5 things to know
- Trademarking sheet music
- Trademarks and t-shirts
- Trademarks for sounds
- Trademarking a stage name
- Trademarks for YouTube channels
- Trademarking social media usernames
- Trademarking a hashtag
The Process for Trademarking
About the Author
Xavier Morales, Esq.
Mr. Morales founded his trademark law practice in January 2007 with the goal of providing intellectual property expertise to entrepreneurs and businesses around the country. Since then, he has filed more than 6,000 trademarks with the USPTO. You can learn more about Xavier here.