For most musicians, legal protection starts and ends with copyright. After all, copyright is what stops someone from stealing your melody or lyrics. But what about your band’s name? The logo on your tour posters? That chant your fans scream at every concert? That’s where trade marks step in, i.e. not to protect the music, but the identity of the music.
In today’s music landscape, where streaming replaces CDs and merch is sometimes more profitable than the songs themselves, a trade mark can be just as crucial as a setlist. It’s how artists lock in control over their name, look, and legacy. And it’s how they make their brand a business.
Why trade marks matter in music?
Imagine this, a small indie band gains traction online. Their quirky name starts trending. Fans begin printing it on shirts and stickers. Suddenly, a third-party vendor on Etsy is doing the same thing, but one thing, only they’re keeping the profits. Worse still, another act on the other side of the country starts performing under a similar name.
Without a registered trade mark, there’s little the original band can do. All that hard-earned identity? Vulnerable. But with trade mark protection, the artist can take control and stop others from copying, build credibility, and open up commercial opportunities.
While copyright protects the song, trade marks protect the story around it, i.e. the name, the visuals, the slogans. These are often what fans remember long after the encore ends.
What can be trade marked in music?
A trade mark isn’t limited to logos and product names. In the music world, it can cover a surprising range of creative and commercial assets, i.e. as long as they function as brand identifiers. Here’s what artists should consider protecting-
Band or Artist Names
This is the big one. Your name is your brand. It’s what appears on streaming platforms, festival lineups, press coverage, and fan tattoos. Registering it as a trade mark stops others from using a similar name in music or merchandise and helps avoid painful rebranding if a legal conflict arises later. It also builds long-term value. A registered band name can be licensed, franchised, and even sold.
Logos, Symbols, and Wordmarks
Think of Prince’s symbol. Or The Rolling Stones’ lips and tongue. These are more than cool graphics, i.e. they’re trade marks. Any consistent visual used to identify the artist, or their music can be protected, including stylized fonts, handwritten wordmarks, and even colour combinations if they’re distinctive enough.
Album Titles (Sometimes)
Album names can sometimes qualify for trade mark protection, but only if they rise above being just a one-off title. If the album name is used across merchandise, repeated on tour posters, or adopted as part of a brand extension (like “The Wall” for Pink Floyd), it may be eligible.
Catchphrases and Slogans
Many artists create phrases that transcend the music. Think of DJ Khaled’s “Another one” or Megan Thee Stallion’s “Hot Girl Summer.” If fans repeat it, if it appears on merch, and if it’s tied to the artist’s image, it’s trade mark territory.
Lyrics (in certain contexts)
Copyright protects the lyrics themselves. But if a single line becomes a cultural signature, especially one used in branding or merchandising, it can sometimes be registered as a trade mark too. It depends on whether that lyric functions as a source identifier, not just as a creative line.
Tour names and concert series titles
A tour name can become a brand in its own right. If used repeatedly across ticket platforms, press, merch, and social media, it can be trade marked. Protecting a tour name is particularly useful when artists want to prevent unauthorized third-party use, i.e. for example, someone selling shirts that say “Summer Chaos Tour” with no connection to the actual event.
How trade mark registration works for musicians?
The good news, i.e. you don’t need to be a superstar to file a trade mark. Whether you’re playing stadiums or streaming from your bedroom, you can apply, and the earlier, the better.
Step 1: Check availability
Before anything else, make sure the trade mark you want is available. In Australia, this means searching IP Australia’s database. For international plans, the WIPO Global Brand Database is a good place to start. If someone else already owns a similar mark in your field, you may need to rethink your branding strategy.
Step 2: File your application
In Australia, this is done through IP Australia. You’ll need to specify-
- The exact mark (word, logo, phrase)
- The classes of goods/services it covers (e.g. music performances, T-shirts, posters)
- Ownership details
- An address for service in Australia
Step 3: Maintain and enforce
Once registered, your trade mark lasts for 10 years and can be renewed indefinitely. But registration isn’t the end of the road, it’s the start of brand enforcement. You’ll need to keep an eye on copycats, challenge infringing use, and renew on time.
Having a registered trade mark also opens up licensing deals, co-branding opportunities, and stronger footing in commercial negotiations.
The rise of music merchandising
With streaming royalties shrinking, many artists now make more money from merchandise than music. T-shirts, hats, posters, vinyl, even makeup and fragrances, all tie back to trade marks.
Take Travis Scott. His “Astroworld” brand includes everything from shirts to cereal boxes. None of that would be possible without effective trade mark protection.
Trade marks give musicians the power to-
- License their brand to third parties
- Collaborate with fashion, tech, or lifestyle brands
- Stop counterfeit or unauthorized merch
- Create alternate income streams beyond music sales
In a landscape where fans connect visually and emotionally with artists, merchandising is no longer a side hustle. It’s central to the brand. And trade marks are what make it work.
When trade marks matter most?
Sometimes, the need for a trade mark becomes clear only when something goes wrong.
- A new act finds out their band name is already registered by someone else, and has to rebrand mid-career.
- A fan goes viral selling knock-off tour gear, and the artist has no grounds to stop it.
- A signature lyric shows up on ads for a product the artist would never endorse.
These stories are all too common. They highlight the shift in how music is consumed. Today, songs are streamed, but brands are worn, shared, and sold. The artist’s identity is often more monetizable than the music itself. Trade marks are the legal tool that allows artists to own that identity and defend it when needed.
Final thoughts
Every musician starts with a sound. But over time, that sound grows roots, i.e. in a name, a logo, a phrase, a vibe. That’s the brand. And like any valuable asset, it needs protection.
Trade marks aren’t just for lawyers or record labels. They’re for every artist who’s building something worth owning. Whether you’re touring the globe or playing open mics, your identity is yours. A trade mark makes sure it stays that way.
Contact us to learn more about how LexGeneris can assist you with all your intellectual property needs. You can also schedule a no-cost consultation with our team of expert IP Attorneys Australia, IP Attorneys India, and IP Attorneys New Zealand.
