Can I use existing trademark info?

I'm a little confused by your question, are you asking if you're entitled to somehow steal the band's trademark? TESS is an electronic search system - it does not allow editing or changing of information contained therein. It is a record of the marks that are filed with the USPTO. The band has registered their trade/service mark, COLDPLAY, with the U.S. Patent and Trademark office, and it has received a registration number, 3557526. The effect of this is that the band, Coldplay, is the only entity that can use the mark in connection which the goods and services for which it is registered. It is their intellectual property and, no, you cannot just change the personal identification information. Hope this clears it up.

Query: Any reason to not just change the name & personal I.D. info?

Answer: Yes.

As you know, there's music and then there's the business of music. When it comes to the latter, your band is, at bottom, a brand. Skimping on legal advice when it comes to brand creation and protection is very shortsighted. The first issue is NOT how to satisfy the procedural hurdles of registering whatever trademark rights you own in your band name but rather determining whether you have the legal right to use the band name you've selected and, if so, whether it qualifies for trademark protection at all and, if so, as applied to what particular goods or services. Not to mention the most contentious issue of all -- who owns the band name and the trademark rights (if any) in that band name. It seems we can't go a week without another dispute popping up over band name rights. Re-branding is not the worst case scenario -- the worst case scenario is being sued for trademark infringement and having to pay the rightful band name owner all of its damages due to your use of its band name AND all of your profits. Total downer.

If you're not going to hire an entertainment or intellectual property attorney to assist with the business side of your music then you should visit amazon.com, query "music law," and buy a few books on the subject. Most have an entire chapter on the creation and protection of band name rights.

As for the particulars of ColdPlay's trademark registration application, it has certain idiosyncrasies that make it a poor choice to use as a template for US-based bands -- specifically, its filing basis and its listings of goods and services.

Have fun.

Barry,

Thanks for replying.

Please allow me to clarify my question. *No*, I am not asking if I can use another band's trademark. My post was referring to a completed form which I located via a TEAS search. That form includes the following info:

Typed Drawing

Word Mark (BAND'S NAME)

Goods and Services IC 009. US 021 023 026 036 038. G & S: (plus text)

IC 016. US 002 005 022 023 029 037 038 050. G & S: (plus text)

IC 025. US 022 039. G & S: (plus text)

IC 041. US 100 101 107. G & S: (plus text)

Mark Drawing Code (1) TYPED DRAWING

Serial Number (XXXXXXXXX)

Filing Date XXXXXXXXXXXXXXXX

Current Filing Basis 44E
Original Filing Basis 1B;44D;44E

Published for Opposition October 21, 2008

Registration Number XXXXXXX

Registration Date January 6, 2009

Owner (REGISTRANT) BAND'S NAME, Plus name names of principals, their status as a partnership based in the U.K., and the partnership's address.

Attorney of Record ATTORNEY'S NAME

Priority Date October 24, 2002

Type of Mark TRADEMARK. SERVICE MARK

Register PRINCIPAL

Live/Dead Indicator LIVE
**********

To this non-attorney, this form appears to be well done and the application was successful. All I'm trying to learn is whether I can use this as a model - I'd include the text which follows, for examle, Goods and Services and the I.C. categories - and then simply substitute my professional I.D. inofrmation for the information which is contained in this band's application. Nothing more. No intent to take anyone else's identity or property.

HTH,

DavidH