Generally a person cannot legally trademark your name if ...
- You were already using that name in commerce,
- In the same or a related industry, and
- Consumers associate that name with you (you’ve established “common law rights”).
1. Trademark Law Protects Prior Use
Under U.S. trademark law (Lanham Act), the first person to use a name in commerce — not necessarily the first to register it — usually holds the superior rights.
If you were already using your stage or business name publicly and commercially (selling music, merchandise, performances, etc.), you likely own what’s called “common law trademark rights.”
So, if another person tries to register your name for the same type of goods or services, their application can be blocked, denied, or later canceled.
🚫 2. “False Association” and “Right of Publicity”
Trademarking someone else’s name — especially a public figure’s or performer’s — can also violate your right of publicity and create consumer confusion, which the U.S. Patent and Trademark Office (USPTO) takes seriously.
They will likely refuse registration if the mark:
- Uses your name or stage name, and
- Suggests a false connection with you, the actual person.
Even if the spelling is different, what matters most in trademark law is how the name sounds, looks, and feels to consumers — not the exact spelling itself.
The Legal Standard: “Likelihood of Confusion”
The U.S. Patent and Trademark Office (USPTO) and courts decide conflicts based on whether the average consumer would likely be confused about the source of the product, service, or public figure.
If two names:
- Sound the same,
- Look similar, or
- Create the same overall impression,
What You Can Do
If someone has applied for or obtained a trademark on your name:
- You can file an opposition or cancellation with the USPTO.
- Show proof of prior use (music releases, contracts, performances, tax filings, etc.).
- You can also send a cease and desist letter through an attorney if the person is actively profiting from your name.
The Smart Move
Don't go pulling up at one of their shows because they might have security lol. Even though you have common law rights, it’s still wise to officially trademark your name with the USPTO.
That makes your ownership public record and gives you stronger national protection — especially if you’re performing, selling music, or merchandising under that name.
