Protecting your band name: check it, register it, or wait
Namesakes are routine among band names. How to check a name before you commit, when a trademark earns its money — and what the German and EU offices charge.
Our catalog held four bands with the same name at once in September 2026. That is no curiosity — good band names get invented repeatedly, and nobody notices until the mix-up costs money: in the streaming profile, at the merch table, or in a lawyer's letter. The trademark side below is German and EU law — the DPMA is Germany's trademark office, the EUIPO covers the whole EU — while the checking routine works from anywhere.
Two things help, at very different prices: checking the name before you commit, which is free — and registering it as a trademark once the name earns money.
Check the name before you commit
Three checks before you settle
Streaming, Bandcamp, Google
Search the name on the streaming services, on Bandcamp and on Google — spelling variants included. An active band with the same name in the same genre is a reason to rethink now, and a far cheaper one than after your first release.
The trademark registers, free
The DPMA's register is searchable free of charge, and so is the EUIPO's EU-wide one. A registered trademark on your name in the music field means the name already belongs to someone in law.
Domain and handles
Domain and the main social handles in one sweep — a taken handle is no legal problem, but a name you can carry nowhere fails in daily use.
What the trademark costs
A registered trademark turns "we were here first" into a document with a date. The figures, straight from the official fee tables:
| Item | Amount |
|---|---|
| DPMA application, filed electronically (up to three classes included) | €290 |
| DPMA application on paper | €300 |
| Each further class from the fourth | €100 |
| Protection period | ten years from the filing date, renewable |
| DPMA renewal (up to three classes) | €750 |
| EU trade mark at the EUIPO, online, one class | €850 |
For bands, three Nice classes are the usual candidates: live entertainment (class 41), sound and video recordings (class 9) and clothing, meaning merch (class 25). Which you need depends on what earns your money — the DPMA application covers up to three classes with its base fee, and the filing itself runs in German.
When the fee earns its keep
The trademark pays off the moment the name starts bringing in money you want to keep: before the first big merch order, before the vinyl pressing, before a distribution or label deal. For the rehearsal room and two local stages, the unprotected name is enough; if you are turning the name into an income source, register before that step.
FAQ: Same names, collecting societies and who files
Another band already has the name — do we rename?
Not automatically. Whether two identically named bands can coexist depends on who used the name first and where, how close the genres are and whether confusion looms — a case-by-case question for a lawyer. What you can do at once: document since when you have performed and released under the name.
Does a collecting-society registration protect the name?
No. Collecting societies register works and recordings, never names. The domain and the Instagram handle protect the name just as little — they only prove you were faster.
Which of us files the trademark?
The same question as for the Impressum: who stands behind the band? The trademark belongs to the person or entity that files it — and the others hold no rights when it comes to a falling-out. Settle it in writing before filing; what applies to your website is in Impressum for band websites.
The short version
Check the name before you commit: streaming and Google, the free DPMA and EUIPO registers, domain and handles. Register the trademark once the name brings in money — 290 euros filed electronically at the DPMA, up to three classes included, ten years of protection from the filing date; 850 euros for the EU-wide mark. And settle in writing beforehand who the trademark should belong to: the register ends up naming the person who filed.
Figures as of September 2026, from the sources named below. Whether a name is free in your case, and how far protection reaches, is a lawyer's assessment.
Sources
- dpma.de, „Gebühren für Markenschutzrechte“ (application, class and renewal fees; ten years of protection from the filing date)
- euipo.europa.eu, „Fees and payments“ (EU trade mark basic fee, one class, online filing)
- Produser catalog, as of September 2026 (four identically named bands held at once)
Updated: 2026-09-13
Note
This article provides general information on German law. It is not legal advice and does not replace it. No assessment of an individual case within the meaning of § 2 (1) RDG takes place. For your own situation, please consult a qualified lawyer.
Legal rules, deadlines and fees can change. We prepare our content carefully but give no warranty as to accuracy, completeness or currency. Liability for intent and gross negligence, and for injury to life, body or health, remains unaffected.
Last reviewed: 13.09.2026
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