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| 08 Trademarks The best way of preventing others from using the same as yours, or even a confusingly similar name, is to register it as a trade mark. If you keep on renewing it, your trade mark will last forever.
There is no guarantee with trade marks, they can always be challenged, but in practice this is unlikely once they have been registered in relation to the goods and services for which they are registered.
Registering your name as a trade mark is not cheap (it costs thousands of pounds). More so because you might have to register it not just for music use - but for other uses also, and in different countries. For example, you might want to do it for use with clothing so that you can sell band t-shirts or you might want to protect your name in the USA if you think you might tour there or get a Stateside album release.
It all adds up. Major labels often trademark a band's name in several countries when they first sign them. That way they can be sure that the way is clear to promote the band overseas later (unlike London Suede). Contact a solicitor or a trade mark attorney if this is the route you want to go down.
Unless you are going to be a commercial success, you're more likely to come into contact with trademarks if you want to use a word or phrase for the name of your band that is already a trade mark.
As The Datsuns showed, using an obvious brand name doesn't necessarily land you in hot water. And Oasis share their band name with lots of other trade mark owners in the UK, all carrying out non-music related activities - eg a fashion retailer, a soft drinks manufacturer, sports centres. Generally though, if yuou're worried that using a name might cause you problems later then the simplest way is to choose another. Then you can be absolutely sure.
Finally, a reminder that this guide is intended as a general overview and not a substitute for going to a solicitor for proper legal advice.
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