Music band: how to protect its name?

When launching a new band, or at the beginning of a solo career, the choice of a name is often a fundamental step. In order to avoid future difficulties, it is important to choose the right name but also to protect it effectively. Here is some information on the different ways to protect a band's name.  

Choose your group name carefully

Whatever the protection envisaged, the group name must be available. Indeed, it is possible that the name is already in use, either in the form of a trademark or as a corporate name for a company. These uses constitute anteriorities, which are opposable to a new exploitation. For example, to ensure the availability of the group name, you need to background check. A good search should cover trademarks, domain names and company names. It may also be advisable to consult the SACEM directory to make sure no artist uses that name. Finally, a Google search can also provide interesting information about the availability of the band name. The name does not have to be completely new. It is most important that the name is free in the sector of activity envisaged. If you do not find any use for the name in the music (or audiovisual) sector, you can a priori use it as a group name. Be careful though! In addition to the pure musical activity, you will probably need the name for merchandising purposes. For example, the band name will probably appear on posters, T-shirts, etc. These activities could be banned if there is a precedent in the area. It is therefore best to aim broad when conducting your searches. Now that you've found your group name, it's important to protect it.  

How to protect the group name

There are different possibilities to protect a group name. These are more or less affordable, but they are not always effective.

Copyright protection of the group name

Copyright is obtained by the mere fact of creation and does not require any registration. It is therefore an automatic and free protection. To benefit from it, however, the name chosen must be original. The major disadvantage of copyright is the need for proof. Indeed, in the event of a conflict with a competitor, it will be necessary to prove the date of creation of the name in order to be able to defend it.

The Soleau envelope as proof of the creation of the group name

It is also possible for group members to deposit a Soleau envelope together. This will allow, in case of conflict, to give a certain date to the creation (in this case, the choice of the name). The Soleau envelope does not offer any real protection, but it allows you to build up proof at a low price (15 euros for 5 years).

Registration of the group name with SACEM

SACEM is a copyright collecting society. It collects and redistributes the rights of authors-composers-publishers of music in France. When registering with SACEM, it is possible to declare the name of the group. This declaration will also include the names of the various members of the group. In principle, SACEM will ensure that this name will not be used by other artists in the future. However, this declaration has no legal value. It will not allow the name to be defended against a competing group.

Trademark registration to effectively protect the group name

Registering the group name as a trademark appears to be the most effective method of protecting his name. Once a trademark is registered, it is enforceable against any other person (within the limit of the sector of activity covered by the trademark). Protection is granted for 10 years and can be renewed indefinitely. In addition, the trademark can be registered either directly by the manager for the band, or collectively by the band members (they will then be co-registrants of the trademark). This choice will have consequences if the band splits up. Finally, in terms of the Group's future development, the brand is a significant asset. It can thus be the subject of a licence (allowing the sale of CDs but also derivative products). And if the group were ever to break up, a contract on the brand could also define the future conditions of use of the group name: which members can use the brand, under what conditions, etc. Our team of specialists can help you register your group name.