The first step on the road to protecting a trademark is adopting a suitable trademark. Selecting a trademark involves complex considerations. For example, musicians may wish to use their own names to identify their music and this is a logical choice. Pseudonyms may also be adopted, such as Madonna, Eminem or Sting. Some groups may choose the name of the performers, such as "The Jackson Five", or "Hall and Oates," or of a lead performer, such as "Paul McCartney and Wings" or "Ziggy Marley and the Melody Makers"; other groups may adopt a name that does not identify a particular member, such as "Destiny’s Child” or the “Red Hot Chili Peppers.” Some groups even select their names from lists provided by record companies.

In adopting a trademark, the three primary legal goals should be that the mark is capable of registration with the Trademark Office, enforceable in a court of law and free from claims of infringement or unfair competition brought by third parties. Non-lawyers in the music industry may consider the adoption of a name or trademark a simple matter. Be not deceived, for the decision is complex and should involve counsel’s advice as early as possible.