Copyright protection isn’t available for a rap name or for any other kind of name you want to claim for exclusive use. The United States Copyright Office only permits copyright protection for original works in categories such as fiction, nonfiction, music, screenplays, artwork, computer programs, motion pictures, and photography. However, a rap name is eligible for protection with the U.S. Patent and Trademark Office. Trademarks protect brand names and logos associated with products and services. Therefore, a rapper would fall under the category of a performing artist who provides musical services to the public.
The process can take several months to several years, and delays are typically caused by incomplete applications that trigger an office action from the USPTO requesting further information. Delays are also common if another person has submitted an application for a trademark of a name that is very similar to the one you’ve chosen.
How to Know If Your Rap Name Is Already Trademarked
You can’t register a rap name that’s already trademarked, so the first step in the process is to ensure that the rap name you’ve chosen is eligible for a trademark.
Step 1
Visit the USPTO website, and access the "Search Trademark Database" option from the main landing page.
Step 2
Scroll down the "Search Trademark Database" page and click on the "Search Trademarks" option under the subheading "Trademark Electronic Search System" to conduct a free online search of the entire database.
Step 3
Select the "Basic Word Mark Search (New User)" option.
Step 4
Select "Plural and Singular," "Singular," "Live and Dead," "Live" or "Dead." These refer to whether you want your search to return plural forms of the rap name, singular forms of the rap name, or both singular and plural. Use the terms "Live" and "Dead" when you want your search results to include active trademarks only, previous trademarks that are no longer active, or both.
Step 5
Enter your rap name in the "Search Term" box. If you want to refine your search, click the drop-down menu to the right of the words "Result Must Contain," and then click "Submit Query." If the rap name you want to protect is already trademarked, you can’t use it.
However, if the rap name is listed as "Dead" you can trademark it. You can also trademark the name if the search results don’t return any matches.
Step 1
Visit the USPTO online trademark application page. Review each of the three types of application forms, and decide which one applies to your situation.
Step 2
Click on the "Initial application forms" option, then click on the application that matches your requirements.
Step 3
Complete the application by following each step until you reach the last page of the application.
Step 4
Click the "Pay/Submit" button on the validation page. Choose from the three different payment methods, which include a credit card, automated deposit account or electronic funds transfer. The fees vary, based on which of the three application forms you choose to complete, but as of 2018, the fees are $225, $275 and $400.
Step 5
Submit your payment. You will receive confirmation that your submission was successful, as well as a serial number associated with your application.
References
Writer Bio
Sampson Quain is a screenwriter and filmmaker who began writing in 1996. He has sold feature and television scripts to a variety of studios and networks including Columbia, HBO, NBC, Paramount and Lionsgate. He holds a Master of Fine Arts in screenwriting from the University of Southern California.