wizzkidder
Junior Member
I had a scenario I wanted to present to you and possibly you can give me your input on.
Our band name is Three Hour Tour. We are a cover band here in Southern California. In Decatur, Illinois there is a band called Three Hour Tour and they compose original music, have released albums, etc. They have registered Three Hour Tour as their trademark and/or service mark. They sell records and some other merchandise. We don't. We're a cover band. We perform music that other artists have made famous.
We've been getting grief from them about us using the same name. Calling ourselves Three Hour Tour Band apparently doesn't make us "legal" for using the name. We were thinking about using Three Hour Tour SoCal or Three Hour Tour Southern California and actually trademarking (or service marking) that name. Since we cannot get our money back if the trademark application is rejected, I am trying to do some research first to find out if we can get approved for using Three Hour Tour with our geographic location in the name. I know this has worked for other bands in the past but these bands are in different countries. The Charlatans (here in the US) and The Charlatans UK for example. Can this type of naming be used and trademarked if we are in the same country as the other band? By using our state or area of the state in our band's name?
Since we are a band that performs but doesn't sell anything, do we need only a service mark since we provide a service but don't sell any merchandise? Can we register something that way?
Any help you can offer would be greatly appreciated.
Thank You!What is the name of your state (only U.S. law)?
Our band name is Three Hour Tour. We are a cover band here in Southern California. In Decatur, Illinois there is a band called Three Hour Tour and they compose original music, have released albums, etc. They have registered Three Hour Tour as their trademark and/or service mark. They sell records and some other merchandise. We don't. We're a cover band. We perform music that other artists have made famous.
We've been getting grief from them about us using the same name. Calling ourselves Three Hour Tour Band apparently doesn't make us "legal" for using the name. We were thinking about using Three Hour Tour SoCal or Three Hour Tour Southern California and actually trademarking (or service marking) that name. Since we cannot get our money back if the trademark application is rejected, I am trying to do some research first to find out if we can get approved for using Three Hour Tour with our geographic location in the name. I know this has worked for other bands in the past but these bands are in different countries. The Charlatans (here in the US) and The Charlatans UK for example. Can this type of naming be used and trademarked if we are in the same country as the other band? By using our state or area of the state in our band's name?
Since we are a band that performs but doesn't sell anything, do we need only a service mark since we provide a service but don't sell any merchandise? Can we register something that way?
Any help you can offer would be greatly appreciated.
Thank You!What is the name of your state (only U.S. law)?