Here’s how to trademark a band name in short: check nobody already has it, pick the classes that cover what you do, then file with your national trade mark office. Start with the band name checker, which links straight to the UK, US and EU trade mark searches. In the UK the application starts at £205; in the US it’s $350 per class.
This is a general guide, not legal advice. For anything contested, talk to a trade mark lawyer. It’s part of our band and artist name tools.
Can two bands have the same name?
Yes, until one of them objects. Two small bands in different countries can share a name for years without noticing. Problems start when one gets big, signs a deal or starts selling merch, and the other spots it. Then it turns on who used the name first, where, and whether anyone registered it.
Three clashes show how it plays out:
- Nirvana. A British psychedelic band called Nirvana, formed in 1966, sued Kurt Cobain’s Nirvana for sole use of the name in 1992. The case was dropped that May with a reported payment, and both kept the name.
- The Chicks. When the Dixie Chicks dropped “Dixie” in 2020, a New Zealand sister act from the 1960s was already called The Chicks. Their lawyers asked first, and Suzanne Lynch and Judy Hindman agreed to share it.
- Lady A. The longest fight, covered at the end of this guide.
Blink-182 and Dinosaur Jr. both added to their names after another act objected. If you find someone already using yours, changing is usually cheaper than fighting. Adding a word can set you apart, though it’s no guarantee. Need a fresh start? The band name generator gives you a long list.
Step 1: search first
Don’t pay a fee until you’ve searched. If someone already has a registered mark for the same or a similar name in music, your application can be opposed or refused, and you may not get the fee back.
Search three places:
- The trade mark registers: the UK IPO, the USPTO and TMview, which covers the EU and many national offices.
- Streaming services: another act using the name without registering it can still cause you trouble.
- Social handles and domains: you’ll want them to match.
The band name checker does the first pass in one go.
Step 2: pick your classes
Trade marks are registered in classes, and you pay per class. For bands, three matter:
| Class | Covers | Do you need it? |
|---|---|---|
| 41 | Entertainment, including live performances | Yes, almost always |
| 9 | Recordings and downloadable music | Yes, if you release music |
| 25 | Clothing | If you sell T-shirts and hoodies |
A sensible start is 41 and 9, adding 25 once merch is a real part of the income.
Step 3: file and pay
UK. From 1 April 2026, an online application with the UK Intellectual Property Office costs £205, including one class, plus £60 for each extra class. So classes 41, 9 and 25 together come to £325.
US. Since 18 January 2025, the USPTO base fee is $350 per class. There are surcharges on top: $200 per class if you describe your goods and services in your own words instead of picking from the USPTO’s ID Manual, and $100 per class if the application is missing information. Use the ID Manual wording and fill everything in.
EU. A single EU trade mark covers every member state. Check the current fees on the EUIPO’s own site before you budget.
Step 4: decide who owns it
Before you file, agree who owns the name. One member, all of you equally, or a company you set up. If the band splits, this decides who can keep playing under the name. Put it in writing, the same way you’d do a split sheet for songs.
Names still end up in court
Even big acts fight over names. When Lady Antebellum became Lady A in 2020, singer Anita White had used Lady A for more than 20 years. Lawsuits followed from both sides, and in 2022 they were dropped on confidential terms. Both still use the name.
A registration won’t make you untouchable, but it usually puts you in a stronger spot than a name you’ve simply been using.
Next step
Run your name through the band name checker and the registers it links to. Still picking? Start with the band name generator.
Where these figures come from
- GOV.UK: how to classify trade marks, including fees (fees from 1 Apr 2026)
- USPTO: summary of 2025 trademark fee changes (from 18 Jan 2025)
- American Songwriter: British Nirvana dropped its lawsuit against American Nirvana
- NZ Herald: Kiwi band The Chicks on sharing their name (26 Jun 2020)
- American Songwriter: how Blink became Blink-182
- American Songwriter: the cease and desist behind the name Dinosaur Jr.
- NME: Lady A name dispute settled out of court (3 Feb 2022)
