Copyright law always comes to mind when it comes to protecting artwork in the form of music, painting, theatre, and so on. When it comes to artwork, people have a habit of undermining trademark laws. Rather, trademark law has its significance. Copyright laws protect your works of art, while trademark laws protect your business by ensuring that no one else can sell art under that name. To enjoy the privileges of a trademark, it must be registered while copyrights are automatically granted to the creator.
This article focuses on protecting artworks through trademarks and the significance of trademarks in business or marketing.
What are Trademarks?
A trademark is a type of intellectual property that restricts others from utilising your brand. A trademark can be applied to any name, logo, phrase, or combination of words. Consumers can use trademarks to distinguish between different brands. A trademark is valid for ten years from the date of filing and can be renewed indefinitely based on the needs of the trademark owner.
Trademarks are not only for the giant corporate world or small businesses, rather they can be used by artists to protect their artwork and for marketing or business purposes.
Trademark for Artworks
Artistic works such as music, dramas, songs, poetry, and so on generally fall under copyright protection. However, if you use the artwork as a logo for your business to sell or promote your goods or services, you can trademark it. You can trademark your name or stage name with the trademark office to prevent others from using it (artist name).
Trademark in the music industry
The music industry is a gigantic business. It may be a smart option if you're serious about a recording career and want to achieve huge success in the music industry. If you don't, and someone else trademarks the same name as you, they may be able to prevent you from making music under your name. This is a problem if you've already received thousands of downloads and hundreds of followers on each social media outlet. You may be forced to quit using your given name, making it difficult for admirers to locate you.
A sound can also be trademarked because it is used in branding as an audio logo.
Trademark for artist's name
The trademarking artist's name is essential since it gives them exclusive rights to their name. An artist's brand name is their given name or stage name. The process of trademarking an artist's name is similar to that of trademarking a brand name.
Steps for filing the trademark application:
- Select a distinct name (it can be the artist's own name/artist's stage name)
- Search the internet and trademark office websites for the name you wish to secure for your work.
- Make sure that the name you selected is not in use by anyone.
- Find the relevant class for the name that suits best for your creative work.
- Also, consider adding those classes under which you want to do your business later on.
- After that, you can file for the trademark that you wish to register.
Before proceeding with the filing process, it is usually advisable to consult with a trademark attorney. Trademark attorneys are well-versed in all aspects of the process. They can assist you in saving time and avoiding unnecessary expenses during the registration process.
We have discussed trademark registration in detail in our previous article. You can see this article if you want in-depth knowledge about how to register your brand name.
Artists examples with their trademarks
Celebrities like Beyonce, Justin Bieber have trademarked some of the names and phrases so that only they can use those names and words. These trends keep increasing day by day as more celebs can be seen using this method to get exclusive rights over specific terms or phrases.
Here is the list of few celebrities with their registered or yet to be registered trademark catchphrases or names:
Celebrities NameCatch Phrases or Registered/Unregistered TrademarkTaylor Swift‘This sick beat’Beyonce“Beyoncé”Hailey Baldwin“Hailey Bieber”Paris Hilton“That’s hot”Dua Lipa“Dua lipa”Meryl Streep“Meryl Streep”Justin Bieber“Justin Bieber”Jay-Z“Jay-Z”
Most of the celebs have more than one trademark or trademark application under the registration process.
Business: an essential aspect of art
Business creates opportunities for the industry to earn money and make a living from it. It is an essential aspect for every sector globally and is also true in the case of art. Usually, artists create a work of art like music, movie, poem, etc., to sell, distribute, or provide licenses in exchange for money.
Having an artist's name trademarked can help them generate revenue from that name. You can control the use of your trademark by stopping anyone from using your name. You can also sue others for the statutory damages if they were found to be infringing your registered name.
Trademark Class: To cover every category in which you want to do business
Determining the classes before filing for your trademark application is essential. Because depending upon the classes under which you seek protection for the name, a trademark will protect the name in those classes, whether it's for clothing, cosmetics, jewelry, etc. Once the artist's name gets registered with the trademark office, they or their team can use that name to launch their products and merchandise.
Merchandise from the artist
Artists can use their registered name with merchandise like cosmetics, clothing lineups, etc., without any issue if they have registered their names under those classes. Trademark can help the trademark owner make, sell, market, license, and more under the registered name.
Conclusion
One can conclude from this article that a trademark is essential for an artist too. It gives artists the freedom to create their artwork for sale, licensing, and more. It also enables you to take action against those who infringe on your registered name. You can send a cease-and-desist letter to them to stop them from using your name for making profits without taking any approval and giving royalty in exchange.