If you’re a stand-up comedian, your stage name is more than just an alias—it’s your brand. To protect it, you must trademark your stage name, just like any business protects its name or logo.
However, your name must function as a trademark first. That means it must identify you as the source of something sold in interstate commerce.
What Qualifies a Stage Name as a Trademark?
A trademark isn’t just a name you go by. It must tell the public who is providing the entertainment or goods. If the name is used only to identify you personally, it’s not a trademark.
To qualify for registration, the name must be tied to actual commercial activity across state lines.
Why Trademarking Your Stage Name Matters
Trademark law protects both the performer and the audience. It ensures fans know who they’re seeing when they buy a ticket or a t-shirt.
Let’s say a fan in Ohio buys a ticket for your set at a Michigan comedy club. Trademark registration helps ensure they don’t accidentally attend someone else’s show with a similar name.
Benefits of Registering Your Comedy Name
When you trademark your stage name, you gain nationwide rights to its commercial use. This gives you real legal power, including the ability to:
- Send cease and desist letters to imitators
- File federal lawsuits for infringement
- Obtain court orders stopping use of your name
- Seize infringing merchandise or demand its destruction
Trademark registration gives your brand legal weight and protects your ability to grow.
Use in Commerce Is Required
To trademark your stage name, you must actually use it in interstate commerce. Performing at open mics or for friends at home isn’t enough.
Have you advertised shows, sold tickets, or marketed merchandise across state lines using your stage name? If so, you’re more likely to qualify.
What Are You Actually Selling?
To trademark your stage name, you must specify the products or services it represents.
Here are some examples:
- Live performances (Class 41)
- Albums or digital content (Class 9)
- T-shirts or other apparel (Class 25)
- Stickers, posters, or printed goods (Class 16)
You can’t just register a name without tying it to real offerings.
Surnames Can Be a Problem
If your name is a common surname—like “Smith”—your application may be denied. The USPTO doesn’t allow trademarks that are “primarily a surname,” as they are too generic.
If your surname or stage name is unique, your odds are better. Still, any surname must function as a trademark—not just identify a person.
Fake Names Can Still Count as Surnames
Even if “Smith” isn’t your legal name, the USPTO treats it as a surname if that’s how it’s used. Stage names are evaluated just like real ones.
The Name Must Act as a Brand
A trademark must identify you as the provider of a product or service. If your name only functions as a personal identifier, it will be rejected.
You need to demonstrate that your name serves a commercial function.
What If Your Name Isn’t Unique?
You can still trademark a descriptive or surname-based stage name if it has acquired distinctiveness. That means consumers recognize the name as pointing to you and your comedy brand.
To prove this, you’ll usually need five years of continuous use in commerce.
You Must Approve Use of Your Own Name
Even if you’re registering your own name, you must file a written consent with the USPTO. For example, comedian Tiffany Haddish had an application refused for failing to include this.
Talk to a Trademark Attorney About Your Stage Name
Noble Path Legal PLLC is a Metro Detroit-based trademark law firm representing clients nationwide. We help comedians, artists, and business owners protect their brand identity and maximize their chances of registration success.
Our services include:
Trademark law is federal, so we serve clients in all 50 states. We offer virtual consultations and personalized legal support tailored to your creative brand.
Ready to trademark your stage name? Click the button below to start protecting your comedy brand.