registering/trademarking band name

[Polychrome]

I've been producing some (non-commercial) music under the name Polychrome, and I'm looking into possibly registering/trademarking the name etc. I may eventually do business using that name, and possibly commercially release music, and would be happy to keep the name.

I found out that most all polychrome.com/net/etc domains are taken (none by a musician or musical group), and I found a company that designs sports equipment with the name Polychrome.

Does anyone know if this would prohibit me from doing business under the name Polychrome, and using it as a name for a music group? I'd hate to get sued tens years from now by some random company or music group such that I could no longer use the name Polychrome.

And I'd hate to have to come up with an even dumber name to use for musical releases.

[shamann]

Well Kodak may take issue with you over trademarking Polychrome.

Usually with band names, whoever got either a) famous on the name first, or b) has the most money, lawyers, and girded loins won the name. Often regional, too.

Some examples:

Verve the band had to become The Verve after being sued by Verve music label.

Both Suede and The Charletons had to add UK at the end of their names outside of the UK.

That band Bush had to be called Bush X here in Canada, until they became supremely popular for a while and somehow had the decision changed.

Nirvana got to keep their name, despite there being a 60s hippy band called same. But there, DGC had the bigger pockets.

Speaking to a lawyer is the best thing you can do, but often these cases are situational, plus if you have lots of money, you might be able to buy off the other party.

[edit] There's also a search for US trademarks here. Should be some around for other countries too.

Cheers,
Steve

[Polychrome]

I don't think Kodak has a trademark on the word polychrome itself, although they have numerous trademarks on words/phrases used by "Kodak Polychrome Graphics". Polychrome is a general purpose word (meaning: having or exhibiting multiple colors). I'm sure I would get in trouble calling myself Technicolor, but probably not Polychrome. I bet that you are right that if someone else gets famous in the music industry using the name Polychrome, I might be forced to stop using it.

[DevonB]

Keep in mind, it's not about how 'close' it is, it's about how vicious their lawyers are. If they ask you to cease and desist, and you don't, they can come after you. Do you have the money to defend yourself?

Alternately, you could contact their legal department, and see if you can use it. That be so much easier, I'd say, to be on a safer side.

I know, i know, you should be able to use it, BUT, it's not about what's right or wrong anymore, it's about the lawyers.

In general though, if something is small enough, and it's in opposite fields (truck driving comany vs a band name, vs a golf club brand, etc.) and isn't so huge, you're fine. Using a HUGE brand name that everyone knows, like Vaseline, or Spam, or some such, they have a little more power, somewhat... again, depends on the lawyers. Again, just ask, just in case. TM you just put on, and it's done if I remember correctly. (R) registered trademark I think was $1000 or so? Again, I'd have to go digging. Depends what you want to do. Generally names of places you can't TM, unless you get REAL big, like bands such as Alabama. Also, names like Elton John I believe his name is trademarked too, because he's big enough. IBM trademarked the number (2) for OS2.

Devon

[Polychrome]

I'm guess that I'm on pretty safe legal ground, in particular since no one in the music industry currently seems to be using the name Polychrome, and it's incredibly unlikely that I will generate huge amounts of money or notoriety producing music.

[Mr Arkadin]

You could register at bandreg. i don't think it gives you any legal status, but it is a good way to prove you were there first. Also you can search to see if anyone else has the name already. You could also pay upwards of $650 and register it as a trademark under US law, but it gets a bit expensive then and is only really necessary if you getting really famous (and can afford it).

Mr A

[rollasoc]

I used to go under the band name "Rubik's duvet" for a while, until I nicely asked the owners of the Ruibik's duvet trademark, if their was an issue with it.

They said, I could either stop using the name, or they would insist I pay them a royalty on all monies made on the name, though said that they possibly couldn't enforce it, until I'd got famous enough for them to take notice.

I duely changed the band name.

Rollasoc
http://www.hairthieves.com