Should an Artist Register a Trade Mark for Their Name?
Emily Young
When working as an artist and establishing your brand, you might be debating whether you should trade mark your name. Artists’ names are often closely tied to their craft and, therefore, their business, making registering a trade mark for their artist name an important consideration. For artists, their name is a business asset with significant tangible value. If you are an artist, this article will help you decide whether you should register a trade mark for your name. It will further explain how you can register a trade mark for your artist name.
Why Should I Register a Trade Mark for My Artist Name?
Trade marks are an essential tool to help distinguish products and services from competitors. For artists, this is essential, given that your name is a large part of your brand. In addition, having a distinguishable brand can minimise confusion, helping consumers better understand the product they are purchasing and its origin.
Having a trade mark provides an excellent foundation to protect your brand. Trade mark registration will allow you to quickly respond to those infringing on your trade mark and attempting to use your name for their commercial benefit. This is particularly pertinent for artists whose name is so closely tied with their value and reputation.
While it is not essential to register a trade mark, having a registered trade mark provides a solid legal foundation for your brand and will give you streamlined access to responding to infringement on your trade mark. On the other hand, proving your rights to a trade mark where it is not registered can be very difficult and time-consuming, which may lead to damage to your brand in the meantime.
Can I Trade Mark My Artist Name?
If you wish to register a trade mark for your artist name, you will need to make sure it meets all the requirements of a trade mark. This includes meeting the distinctiveness requirements. For this reason, you will not be able to register a trade mark for a generic name. If you have a common name, it is likely that others in the same industry as you will also need to use it. This rule also applies to first names and surnames. If you have a common name and wish to avoid this issue, you should consider using a random name that is entirely original, instead of your own name.
How Can I Check if My Artist Name Is Available?
As well as avoiding generic names, you will need to ensure that your trade mark is not already in use. You can check the availability of your name by conducting a trade mark search. In Australia, you can do this using IP Australia’s trade mark search tool ATMOSS. This free search tool is a great way to do a comprehensive search of existing trade marks.
When searching for the availability of a name, the ‘word search’ function will be the most relevant. However, ATMOSS has various search tools for visual elements and combined image and word searches, which is useful if you intend to make a logo out of your name.
Key Takeaways
For artists, registering a trade mark for your name can be an excellent way to protect your name and, therefore, your brand. However, your name will still need to meet all the requirements for trade mark registration. Some key things to consider when deciding if you should register a trade mark for your artist name includes checking whether your name is:
- unique and not generic; and
- not already registered as a trade mark.
If you need help deciding if you should register a trade mark for your name or need help with the registration process, our experienced trade mark lawyers can help. You can contact them on 1300 657 423 or by filling out the form on this page.
Frequently Asked Questions
As an artist, there are several benefits to registering a trade mark for your name. This includes ensuring that other artists do not use your name for their own benefit and that the public can easily distinguish your work from that of your competitors. Having a registered trade mark also makes enforcing the rights to your trade mark much easier.
A trade mark search is an excellent way to check the availability of a trade mark for your use. IP Australia’s free, comprehensive search tool ATMOSS is the best place to conduct a trade mark search. It allows you to see any identical or similar trade marks to your proposed trade mark that will prevent you from registering yours.