How Trademarks and Service Marks Protect You From Infringement

Is the name of a band a trademark?

Yes, band names would be considered trademarks, or more appropriately service marks, for entertainment services in the nature of performances by a [type of music specified] band.

Can a minor file a trademark application?

This depends upon state law. If the person can validly enter into binding legal obligations in the state, then that person may sign a trademark application. Otherwise, a parent or legal guardian must sign the application, clearly setting forth their status as a parent or legal guardian of the applicant.

Can the ownership of a trademark be assigned or transferred from one person to another?

Yes. A registered mark, or a mark for which an application to register has been filed is assignable. Written assignments may be recorded in the U.S. Patent and Trademark Office for a fee. Specific inquiries should be referred to the Assignment Division at 703-308-9723.

How do I file a trademark and/or contact Patent and Trademark Office (PTO)?

When filing papers of any kind with the PTO, include a stamped, self-addressed postcard listing the mark, the serial number or registration number (if known), and the contents of the filing, such as the drawing page, 3 specimens, a check for the fee, etc.

• Carefully review all documents before filing to make sure all issues have been addressed and all the necessary elements are included.
• Do not file large or bulky specimens. They not only take up a lot of space in the PTO, but must be maintained apart from the rest of the file and tend to get lost. Rather, submit a picture of the mark on the specimen. Bulky specimens are specimens that are larger than 8 1/2″ by 11″ and which do not lie flat. The PTO encourages applicants to send photographs of the goods, as long as the mark is clear from the photograph.
• Place the serial number or registration number (once known) on each paper or exhibit filed, including any required checks. If, for some reason neither number is available, please put some other identifying information on the correspondence (e.g., mark, name of applicant, filing date).
• Inform the PTO of any change in correspondence address as soon as possible.
• Use the status line (703-305-8747) to check on the status of any application.

Just a reminder — I’m not a lawyer, I don’t even play one on TV and I did not stay at a Holiday In Express last night. I’m just a retired SBDC counselor, who knows where to look stuff up — both online and IRL. In this case my source is SBA Publications.