I am a DJ. How Can I Protect My Intellectual Property With a Trade Mark?
George Raptis
In the music industry, a name is often associated with its artist’s reputation. Your listeners likely associate your DJ name with the type of music you produce, the quality of your production as well as your DJ services. Therefore, it is essential to prevent your name from being copied or misused by others in the music industry. One way to do this is to protect your DJ name with a registered trade mark. This article outlines some of the key benefits of trade mark registration.
Trade Mark Protection
Registered trade marks protect the features of a brand that make it distinguishable. Typically, a registered trade mark will protect a business’ name, logo or distinctive slogan, granting trade mark owners the exclusive rights to use their mark. As a result, trade mark owners can freely market their goods and services without fearing that they will have no legal recourse if someone were to misuse or copy their mark.
As a DJ, trade mark law can protect the features of your brand that make you distinct from other DJs in the industry. Since a registered trade mark grants you the rights to use your trade mark exclusively, you can then use your name to promote your brand. Doing so will help you gain a widely renowned reputation within the music industry.
Trade Mark Registration
Filing a trade mark application with IP Australia may seem like a daunting process at first. However, you can make sure that the application process runs smoothly by following these tips.
1. Conduct a Trade Mark Search
Although your DJ name is likely unique and personal to you, there is a chance that it has already been registered as a trade mark. IP Australia is unlikely to accept a trade mark application that is similar or identical to a pre-existing registered trade mark. Therefore, you should conduct a comprehensive search of the Trade Mark Register.
By searching for your proposed mark on the Register, you can identify whether your name has already been registered. You should note that IP Australia may accept two similar trade marks if they are registered in connection with different goods and services. For example, a restaurant may have the same name as your DJ name. Because the restaurant is from a different industry, IP Australia may find that confusion is unlikely.
2. Choose Appropriate Trade Mark Classes
You must register a trade mark in connection with a class or classes of goods and services. The Trade Mark Classification system, or the picklist, contains groups of common goods and services listed under different classes. In your trade mark application, you must choose which class fits the descriptions of your goods and services.
As a DJ, you should consider class 41, which includes music performances services. However, if you decide to sell merchandise or other goods using your branded name, you should also consider other trade mark classes. You should note that your trade mark can only protect the classes that the Trade Marks Office has approved in your application. For this reason, you want to make sure you cover all bases to apply for comprehensive trade mark protection.
3. Registration
When applying for a registered trade mark, applicants typically use the standard form application. A standard trade mark application will need you to provide:
- your personal information;
- a description of the name you want to protect via trade mark;
- confirmation that you have conducted a trade mark check; and
- the class or classes of goods and services that your trade mark will apply to.
You should note that only minimal changes can be made once you submit your application for IP Australia’s review. For this reason, you must take time to fill out your application and seek the advice of an expert trade mark lawyer if you are in doubt at any stage of the process.
Other IP Protection
Beyond protecting your DJ name via trade mark law, there are other IP protections available to you that you should be aware of. Most importantly, the music you produce will also be protected by copyright law.
Copyright essentially prevents others from misusing your original content without your authorisation.
Unlike trade marks, copyright protection does not require registration in Australia. Instead, from the point at which you record your music, your original works will be protected. Therefore, in the instance where someone misuses your original work without your authorisation, you can prevent them from further infringing on your copyright. This is typically done by issuing a cease and desist letter. However, before you take such action, you should consult the advice of a lawyer to clarify your position. This is because their misuse might fall under a fair dealing exception to use copyrighted works,such as for criticism or review.
Key Takeaways
As a DJ, a registered trade mark can help you build your reputation within the music industry. A registered trade mark can provide you with the exclusive right to use, licence and sell your DJing services in connection with your name. This means that you can ultimately prevent others from copying or misusing your name. If you need help with registering a trade mark, our experienced trade mark lawyers can assist. Call us on 1300 657 423 or complete the form on this page.
Frequently Asked Questions
If you think that someone has infringed your copyright, you should seek the advice of a lawyer to clarify whether this is the case. There are some fair dealing exceptions to copyright which may mean that the person can legally reuse parts of your song without your authorisation.
Royalties are payments received by trade mark and copyright owners when licensing their exclusive rights to use their marks or original works to others.