Trademark FAQs - related questions & answers

Question: Is the name of a band a trademark?

Answer:
It depends on how it is used. A band name may function as a service mark for entertainment services in the nature of performances by a musical group if it is used to identify and distinguish the service of providing live performances.

Question: Do I need a license to sample a track?

Answer:
Yes, you must obtain a clearance, or copyright license, for every sample that you use in your recordings. You can get a license from the copyright owner directly and negotiate a fee.

Question: Are there any restrictions from trademarking a product name that contains Spanish words?

Answer:
The same laws and rules apply to marks in languages other than English. Other than those requirements, a non-English mark would have to be translated for the record.
 

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