Question: I love my band name, and I’ll do what I can to keep it. Should I find an IP lawyer to help me with the trademarking process? Also, does it matter if my band shares the name of a non-music related product (specifically a beer)?
Answer: Receiving guidance from a trademark lawyer can certainly help, but is not required. A lot of information can be obtained at the US trademark office website – www.uspto.gov.
Whether you can use a name depends on whether it will likely cause confusion with another, prior name. Whether your product and another product are the same or similar is just one of many factors that determine this legal question of likelihood of confusion.