# Band names **URL:** \ **Category:** Factual Questions\ **Created:** [June 2, 2011, 8:25pm UTC](https://boards.straightdope.com/t/band-names/584120 "2011-06-02T20:25:45Z")\ **Posts on this page:** 5\ **Page:** 1
**Author:** ![Patrick\_Mc](https://avatars.discourse-cdn.com/v4/letter/p/5e9695/32.png) [@Patrick\_Mc](https://boards.straightdope.com/u/Patrick_Mc)\ **Post date:** [June 2, 2011, 8:25pm UTC](https://boards.straightdope.com/t/band-names/584120/1 "2011-06-02T20:25:45Z")
Is there some type of Band naming registry so that two bands do not exist with the same name? Does a Band name need to be Copywrited? ---
**Author:** ![Giles](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/giles/32/60_2.png) [@Giles](https://boards.straightdope.com/u/Giles)\ **Post date:** [June 2, 2011, 8:37pm UTC](https://boards.straightdope.com/t/band-names/584120/2 "2011-06-02T20:37:04Z")
Are you in the U.S.? If so, then [this page](http://www.uspto.gov/faq/trademarks.jsp) says that you can register a band name as a service mark (which is like a trade mark, but for a service rather than for a product). That page also says how you can search for trade marks and service marks. ---
**Author:** ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)\ **Post date:** [June 3, 2011, 12:20am UTC](https://boards.straightdope.com/t/band-names/584120/3 "2011-06-03T00:20:32Z")
In general, no. Bands choose their names. Sometimes there are conflicts. A local group several years ago called themselves Xenophobia and used that for some time, until they discovered it was used and thus had to change. You can trademark a band name, usually once the band makes a record, but not all groups do so. I note that “She and Him” (Zoe Deschannel’s group) doesn’t seem to have a trademark listing, nor do The Moody Blues (who are still touring). Still, once a group hits it big, they usually trademark their name. There is some protection without trademarks – if you decided to call yourself “The Moody Blues,” Justin Hayward would be able to get a court order against it, saying you were causing confusion. It’s not as good or as easy as a trademark, but it can be used to shut down impostors. ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [June 3, 2011, 12:49am UTC](https://boards.straightdope.com/t/band-names/584120/4 "2011-06-03T00:49:09Z")
> [@Patrick\_Mc](#): > > Is there some type of Band naming registry so that two bands do not exist with the same name? Does a Band name need to be Copywrited? For the ten millionth time: the word is copyright, as in the right to control who gets to make copies. ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [June 3, 2011, 5:12pm UTC](https://boards.straightdope.com/t/band-names/584120/5 "2011-06-03T17:12:32Z")
> [@Patrick\_Mc](#): > > Is there some type of Band naming registry so that two bands do not exist with the same name? No, there is no such registry and there exist scores of bands with similar names. I seem to recall reading an article in the Wall Street Journal or New York Times about that issue. Before the internet, it didn’t matter, because most bands were local and it didn’t matter. Now, particularly with so many bands on Myspace, a lot of bands are finding that they have duplicative names. Most of them just find a way to live with it, often figuring out among themselves a way to distinguish each other. > [@](#): > > Does a Band name need to be Copywrited? You mean “copyright.” The name of a band _cannot_ be registered as a copyrighted work. > [@RealityChuck](#): > > You can trademark a band name, usually once the band makes a record, but not all groups do so. I note that “She and Him” (Zoe Deschannel’s group) doesn’t seem to have a trademark listing, nor do The Moody Blues (who are still touring). Still, once a group hits it big, they usually trademark their name. > > There is some protection without trademarks – if you decided to call yourself “The Moody Blues,” Justin Hayward would be able to get a court order against it, saying you were causing confusion. It’s not as good or as easy as a trademark, but it can be used to shut down impostors. The way you say this is a little imprecise. If a band uses a name, then it earns trademark rights in it. What you’re talking about is _registering_ a trademark. You can have an unregistered trademark, and most bands do.