Part 2: If music be the food of love! Play on. A look at trade marks in the music industry by Solicitor Advocate Michael Coyle

Article 2: Trade Mark Classes for Musicians and Record Labels

Introduction
The world of trademarks can seem overwhelming for those in the music industry. Understanding the key trademark classes can help musicians and businesses protect their assets effectively.

Key Classes for Musicians

1. Class 9: Covers recordings, music streaming apps, and downloadable files.
2. Class 15: Protects musical instruments, such as guitars or pianos with unique branding.
3. Class 16: Includes sheet music, concert programs, and printed materials.
4. Class 25: Protects branded merchandise like T-shirts, hats, and jackets.
5. Class 41: Covers live performances, streaming services, and educational workshops.

Case Study:
A band registering its name under Class 9 ensures no one else can sell albums or distribute music under their brand. Simultaneously, registering under Class 25 allows exclusive rights to use the band’s name for merchandise.

The Beatles

• Registered their name to protect not only their music but also their merchandise, including everything from vinyl records to apparel. The trademark is managed by Apple Corps, the multimedia company founded by the band.

2. Rolling Stones

• The Rolling Stones trademarked their name and their iconic tongue and lips logo, ensuring exclusive rights to their brand in music, merchandise, and even live performances.

3. Led Zeppelin

• Trademarked their name to safeguard rights across multiple categories, including music recordings, merchandise, and live performances.

4. Metallica

• Registered their name and unique logo under multiple trademark classes, covering everything from recordings (Class 9) to clothing (Class 25) and live performances (Class 41).

5. U2

• Trademarked their name to secure their global brand. U2 has also registered related marks for their album titles and logos, ensuring protection in the music and merchandise industries.

6. Nirvana

• The name “Nirvana” is trademarked to cover not only music-related products but also merchandise like clothing and accessories.

7. KISS

• KISS is one of the most aggressively trademarked bands, with protections covering everything from music to an extensive range of branded products, including action figures, comic books, and even coffins.

8. Green Day

• Trademarked their name and logo to cover music recordings, live performances, and branded merchandise.

9. Coldplay

• Coldplay has registered trademarks for their name to cover music, merchandising, and other associated products and services globally.

10. Foo Fighters

• Trademarked their name to protect their brand in the music industry and associated merchandising.

Why These Trademarks Matter

• Brand Protection: Prevents unauthorised use of their names and logos, ensuring fans only buy official merchandise and music.
• Revenue: Safeguards critical revenue streams, especially from merchandise and licensing deals.
• Legal Enforcement: Provides a legal basis to act against infringers.

Bands that register their trademarks demonstrate the importance of legal protection in building and sustaining a global music brand.

Conclusion
By understanding the relevant trademark classes, musicians can protect not just their music but also the associated revenue streams.

michael@trademarkroom.com

tmr@trademarkroom.com

Photograph courtesy of https://si-mitchell.co.uk/

Si Mitchell