Can I Trademark a Song?
No. But you may be able to trademark a song’s name.
A song cannot be trademarked since trademarks are designed to cover the intellectual property associated with the branding and marketing of a product or service. The lyrics, music, and composition of a song are instead protected by copyright law.
However, it is possible to trademark a song’s name if you are using that name to promote and sell your products or services since song names are not inherently protected by copyright law. Band and musical group names are also able to be trademarked. Before you go and turn lyrics from a song into a trademark, however, you should consult with a copyright attorney to determine whether those lyrics are protected under copyright law.
If you have formed a band, are selling music, or performing shows, or just want to trademark the name of a song you’re using as branding for your company, contact us today to speak with trademark attorney Eric Norton to discuss the importance of a thorough trademark clearance search.