In the Philippines, our laws recognize that musicians and other artists should be able to benefit from their creative work. Under the Philippine Constitution and the Intellectual Property Code (R.A. 8293), your songs, recordings, and even your band’s name can be legally protected so no one else can profit from them without your permission.
For bands, your name is more than just a label – it’s your brand. It’s how fans find you on Spotify, how promoters market your gigs, and how people recognize your merchandise. The best way to lock in those rights is to register your band’s name as a trademark with the Intellectual Property Office of the Philippines (IPOPHL).
What You Need Before Registering a Band Name
Before IPOPHL approves your application, three important things need to be in place:
- You’re using it (or about to use it). It’s not enough to just think of a name – you must show actual or intended use, like selling music online, performing gigs, or releasing merch.
- It’s unique. A name like The Rock Band won’t fly, because it’s too generic. IPOPHL looks for distinctiveness.
- No confusion with existing marks. If another band, label, or company already registered a similar name, IPOPHL may issue a refusal or Office Action that you’ll have to respond to.
Copyright vs. Trademark – What’s the Difference?
- Copyright protects your creative works the moment you record them or put them into writing. This includes your songs, lyrics, album artwork, and even your logo design. In the Philippines, copyright generally lasts for the lifetime of the creator plus 50 years.
- Trademarks protect your band’s name, logo, or slogan – basically anything that identifies your brand. Unlike copyright, trademarks don’t expire as long as you keep renewing them and filing your Declarations of Actual Use (DAU).
A good example: Aerosmith’s winged logo or Queen’s coat of arms design. Both are covered by copyright (as artistic works) and trademark (as brand identifiers).
Real Example: Why Band Name Searches Matter
There was once a dispute involving a Filipino rock band whose name sounded very close to that of a famous foreign act. When they tried to register the name, IPOPHL refused because of “likelihood of confusion.” The foreign band already had rights in the Philippines.
The lesson? Always run a trademark search first – it saves you from legal battles later on.
How to Trademark Your Band Name with IPOPHL
- Do a Trademark Search – IPOPHL has an online database. Check if your name (or something similar) already exists.
- File Your Application – You’ll need to pick the right class. Musicians often file under:
- Class 9 – recordings and music downloads
- Class 25 – clothing/merch
- Class 41 – live performances and entertainment services
- Examination – IPOPHL reviews your application. If there are problems, they’ll issue an Office Action which you or your lawyer/agent must answer.
- Publication – If it passes examination, your band name is published in the IPOPHL Gazette. Others can oppose it here.
- Registration – If no one objects, IPOPHL issues a Certificate of Registration giving you exclusive nationwide rights.
Costs and Timelines
- Government fees: usually around ₱2,000 – ₱3,000 per class.
- Agent assistance: Brealant charges as low as ₱5,000, while bigger firms like Federis or Hechanova often charge ₱50,000 or more.
- Processing time: Around 8–12 months if everything goes smoothly.
- Renewal: Every 10 years, with a Declaration of Actual Use (DAU) required at set intervals.
Common Law Rights – A Limited Backup
Even if you don’t register, you can sometimes claim rights just by using your band name in commerce (called common law rights). But these rights are weak and only apply in the areas where you’ve been active. For nationwide protection, registration is the way to go.
✅ In Short: If you’re serious about your music career, don’t skip this step. A trademark gives your band name legal teeth, protects you from copycats, and makes your brand stronger as you grow.
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