Why Should Music & Visual Artists Care About Trademarks?
When you hear the word "trademark," your mind might flash to a big-name brand like Nike, McDonald’s, or Apple. But here's the truth: trademarks aren't just for corporate giants. If you’re a music artist or visual creator building a name, your brand is just as valuable. And that brand deserves protection.
So what’s a Trademark?
A trademark is a word, phrase, symbol, design, or combination that identifies and distinguishes the source of goods or services. Think of it as your artistic signature in the business world. It's what lets fans, customers, and clients recognize your work instantly—and trust that it comes from you.
Why Do Artists Overlook Trademarks?
Let’s be real: legal stuff isn’t always top-of-mind when you’re busy working on your next song or painting. Many artists believe that trademarks are only important once you "make it big." Others might assume that registering a domain or snagging a social media handle is enough.
Spoiler alert: It’s not!
Trademarking your artist name, logo, or even the name of your album or studio can help prevent others from copying, misusing, or profiting off of your creative identity. In the age of digital everything, protecting your brand is no longer optional—it’s essential.
How Do Trademarks Apply to Artists?
Music and visual artists often use stage names, design logos, and sell branded merchandise. These elements are more than just creative expression—they're business assets. A trademark can apply to:
Your artist/stage name
Your logo or graphic signature
Album or project names
Your production company or studio name
Merch branding (clothing, posters, stickers, etc.)
Art collections or series names
Real-World Examples
Beyoncé: Queen Bey didn’t just stop at making hits. She and her team have filed multiple trademarks, including for "Beyoncé," "Blue Ivy Carter," and even tour names. That means any use of those names without permission is a legal no-no.
Shepard Fairey: The visual artist behind the iconic "OBEY" brand and the Barack Obama "Hope" poster has trademarked his artwork and logo designs. That trademark power has helped him protect his art from unauthorized commercial use.
How Trademarks Benefit Artists
Here’s a real-world benefit: the hip hop duo Run The Jewels trademarked their iconic fist-and-gun hand logo. That small but mighty move allowed them to control its use on merchandise, art, and collaborations—turning the logo into a revenue stream.
Owning your trademark can also:
Stop others from stealing your name or logo
Allow you to license your brand to others
Open the door to brand deals and partnerships
Help you win legal disputes if someone copies your identity
Quick Checklist: Registering a Trademark with the USPTO
Search the USPTO database to make sure your name/logo isn’t already taken
Identify your trademark (word, logo, slogan, etc.)
Choose your class of goods/services (e.g., music, clothing, digital content)
Submit your application through the USPTO website
Pay the filing fee (typically $250-$350 per class)
Wait for USPTO review (can take several months)
Respond to any office actions or issues
Once approved, maintain your trademark by filing periodic renewals
In Conclusion...
Trademarks may not be as glamorous as your latest release or gallery show, but they’re a critical part of your artistic journey. Your name, your look, your vibe—they all represent YOU. And in an industry where your identity is everything, protecting it is non-negotiable.
At Spring Up Legal, we love working with creatives who are ready to take ownership of their art and their brand. Got questions about your trademark or not sure where to start? We’re here to help you protect your passion.
Let your creativity flow. We’ll handle the fine print.
Our law firm is here to assist you in navigating the complexities of trademark selection and registration, providing guidance every step of the way. Feel free to schedule a consultation to discuss your brand’s trademarks.
