ok heres the deal

my bassist was surfing the net and found another band with our band name prollynot, im pretty sure they are just local somewhere, because i have told people well familer with music our name and they thought it was original, which it is, respectively.

so heres my question, i want to get a copyright(if thats the right term) for my band name, so that we don't have to change if we get semi-big

much appreciated

alan, prollynot
You'd want to trademark your band name...and I'm not sure if you can.
Hi, I'm Peter
Quote by sthall

From this website:

Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents

So, apparantly, you can't copywrite the band name.

However, I do know that Nirvana were sued by a Christian rock band and a band from the '60's, both also named Nirvana. I know the lawsuits were related to the name, and the '90's Nirvana lost both cases/settled them out of court. If anyone could fill me in on why this happened, it would be greatly apprieciated.
as long as the other band dont get big then no, i did read soemwere though that if you from like one town, and they are from another, you can preform under the same name as them in that town, and mabe not be able to sell albums in any stores in that town, ill find the site that had all that info on it when i get back from school
You don't get a trademark on your band name, it's a service mark which is similar. If the other band has the exact same name as you and has been around longer, I would recommend changing it. The general rule is, whoever was using the name first wins. It also costs a lot of money (probably $500) for the service mark.

A common misconception a lot of people in my area has is you can have the same band name if you are in different areas. That's why sometimes when you search for bands on myspace, about 50 Drive Train bands come up. This can be a problem if one of the band goes national, and you never know when that could happen.

In the future, do a really good search for bands that might have similar names. The most important thing to remember is, what's the point of a band name? It's to familiarize people with YOUR music & likeness. If another band has that name, there could be confusion.
I was once heavily prominent on these forums from 2004-2007, let's see how long I can stay now that I'm back.
Registering with bandname.com doesn't hurt, it's not going to totally guarantee you but it offers you some sort of proof.

I agree with Dutch_Apples it is a common misconception. I am totally against people who use the same band names. I just can't understand the logic of how someone can find it appropriate to use a band name knowing that it'salready in use. Even if it's just in use by a local band 5 hours away it still seems that you should find a differnet name, just to make things easy and original. These people claim it doesn't cause a problem but it already does pose a problem when you go on myspace and search for [INSERT BAND NAME HERE] and 50 [INSER BAND NAME HERE]s show up and you have a hard time figuring out which one you are looking for.