Is a band name protected by copyright

Band name

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This answer is from 05/19/2016 and may be out of date. Ask your current question now and get a legally binding answer from a lawyer.

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Dear questioner,

I would like to give you a binding answer to your request based on the information provided as follows:

The band name you use is protected as a business name according to § 5 MarkenG or at least by the naming rights of § 12 BGB, even without registration. This protection may be localized to the area in which you regularly occur. But nobody here can dispute the band name based on a later law.

In principle, the principle of territoriality also applies to the entire trademark law. Rights acquired in Sweden therefore do not apply in Germany. For this, the band, which has been operating since 2016, would either have to be active in Germany or have a corresponding trademark registration. But this will also be younger than your own band name, with which you have an older right.

For further protection of your band name, I would still recommend you to register it as a trademark in order to extend the protection to the entire federal territory. A short trademark search should possibly be carried out beforehand. If you want, I will be happy to help you with a separate assignment.

I hope that I have answered your question in an understandable way and thank you for the trust you have placed in us. If you have any questions, you can use the free inquiry function.

With best regards


Attorney Henning Twelmeier

Inquiry from the questioner19.05.2016 | 23:38

Dear Mr. Twelmeier,

Thank you for the quick information. What would it cost, including all fees and including the trademark research mentioned, to have our band names protected in Germany?

With best regards

Answer to the question from the lawyer19.05.2016 | 23:54

Dear questioner,

it depends on the scope of the goods and services for which the band name is to be protected. I would be happy to make you a non-binding offer, please send me a short e-mail to the address given in my profile.

With best regards

Henning Twelmeier