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How To Create A Trademark For Your DJ Name?

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1. To ensure the originality of your DJ name and avoid potential trademark conflicts, it is advisable to follow these steps before using the name publicly. Firstly, choose a DJ name that you desire and assess its uniqueness. It is recommended to conduct this analysis prior to any public use. Conduct research to determine if other DJs or companies have utilized the same or similar brand names. If another DJ or company has already established rights to a similar name, they may have the ability to prevent you from using your desired DJ name. Hence, it is crucial for your DJ name to be original. You can perform a basic search on the United States Patent and Trademark Office (USPTO) database without the need for legal assistance. While these DIY searches can help rule out certain DJ names, engaging a trademark attorney will enable a comprehensive search, providing greater certainty regarding potential trademark conflicts. If your DJ name is found to be similar to another DJ or brand, the USPTO may reject your registration application, resulting in wasted time and money.

2. If you discover that there is a potentially competing DJ name already in use, then you have two choices: You can either change your DJ name to something truly original or if you have already invested substantial resources in establishing the DJ name, you can hire an attorney to help you figure out whether and how you can use your preferred DJ name anyway.

3. If you’re already confident that your DJ name is not similar to an existing brand name, then start using it to identify yourself in more than one state. In order to serve as a federal trademark, your DJ name must identify the source of goods or services for sale in “interstate commerce.” That means that if you’re gigging in only one state in the country, you need to get some paid gigs across state lines and advertise those gigs under your DJ name. In the U.S., rights in trademarks are acquired by usage. This is different from how one acquires ownership in copyright. With copyrights, creators have an incentive to register their works with the U.S. Copyright Office before making the copyrighted works public. But the USPTO will not grant registration in a trademark until that trademark has already been used in interstate commerce to identify your DJ name.


4. Keep copies of advertisements, flyers and posters for live performances as evidence of your using your DJ name “in interstate commerce.” The USPTO will ask for such evidence if you file a registration application. While a DJ can apply for registration in more than one class of services or goods (e.g., live performances, recorded music and merchandise are three separate classes), most DJs register their trademark for live performances first, since that’s arguably the most important category.

5. Once you’re using the DJ name, register multiple Internet domains associated with your artistic name. Doing so won’t secure trademark rights for your band, but locking down these domain names before applying for a USPTO registration is wise, because when you file a trademark registration application, it’s a matter of public record. Evil “cybersquatters” sometimes comb through such records and then register related domains in an attempt to extort payments out of unsuspecting trademark owners. A DJ that files a trademark registration application for its DJ name before registering related domains may soon find that the domains it wanted have been suddenly “taken” and is “available for sale” by the cybersquatter at exorbitant rates. It’s often much cheaper to secure all related Internet domains before filing a USPTO application.

6. Apply for registration of your DJ name as a trademark with the USPTO. If you have both a DJ name in words and a logo, and can’t afford to register both, then try to register the name and worry about the logo later. Trademark registration applications are more complicated than copyright registrations. Trademark applications have a higher success rate when filed by an attorney, but if you can’t afford attorneys’ fees, then it is better to try to file a trademark registration application on a DIY basis than foregoing the process altogether. You can review and start the USPTO’s online registration process (here).

After submitting your registration application, the USPTO will appoint an “Examining Attorney” who will be responsible for supervising your case. Typically, this Examining Attorney can be reached through phone calls and emails for any inquiries you may have. However, if the Examining Attorney identifies potential issues in your application and sends you an official “Office Action” requesting a response, it may be necessary to enlist the assistance of an attorney to assist you in creating and submitting a written reply.

Hi, my name is Erick Ycaza. I have a BA in Advertising & Graphic Design. This blog is to provide you with daily music news and share my personal style.

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