First, if there is no agreement or the agreement is unclear, the stage name right belongs exclusively to the artist himself. In business practice, the selection, packaging and later commercial promotion of stage names are inseparable from the performing arts company signed by the artist. However, this does not change the personal attributes of the stage name. Unlike a trademark, a stage name connects goodwill and an individual performer with an independent personality. For trademarks, the product itself cannot require labor and effort, but can only rely on producers to continuously improve production quality and expand marketing to gather goodwill; while stage names point to individual performers, and the fame of a stage name cannot be separated from the performance company. Commercial promotion is also inseparable from the performer's personal hard work. If commercial companies are allowed to control the attribution of artists' stage names, it will not only confuse consumers, but also fail to show respect for the personality and labor of performers. Therefore, if there is no agreement or the agreement is unclear, the stage name right belongs exclusively to the artist himself, and commercial companies can use it with authorization, but it cannot be exclusive and cannot exclude the artist's right to use it.

Second, using the same stage name without the artist’s permission constitutes unfair competition. According to Locke's labor theory, since the commercial value behind a stage name comes from the artist's own contribution and efforts, naturally the results of its commercial operations should also belong to the artist himself. This is very legitimate and reasonable. In addition, the core purpose of trademark law and anti-unfair competition law is to prevent consumers from confusing the source of goods. For individuals other than well-known artists, using the same stage name has nothing to do with the popularity, social contribution, or commercial success of the artist with the same name. Apart from the same symbol, it can be said to have nothing to do with the celebrity. In fact, it will cause confusion among consumers. , constitutes a ride on the artist’s goodwill. In other words, when the commercial use of a stage name conflicts with the public's right to know or consumer interests, necessary restrictions must be imposed.

Thirdly, commercial companies are not allowed to register the artist’s stage name as a trademark without the artist’s permission. The motivation that drives commercial companies to register an artist's stage name as a trademark is often after the stage name has gained huge commercial value through the artist's performance for many years. At this time, if it is registered as a trademark without the artist's permission, it is actually a robbery of goodwill and is a typical trademark squatting. Article 32 of the new Trademark Law stipulates that applying for trademark registration shall not damage the existing prior rights of others, nor shall unfair means be used to preemptively register a trademark that has been used by others and has a certain influence.

For example, it has become common knowledge in the world that celebrity names are not allowed to be registered as trademarks. Article 20 of the "Fair Trade Law" in Taiwan stipulates that "(shall not) use other people's names and products that are known to the relevant public for the same or similar purposes, causing confusion with the facilities or activities operated or serviced by others." ". The Trademark Law of Hong Kong stipulates that if a person's name or logo appears in the trademark applied for registration, if the applicant does not provide the recognition document of the person or legal representative, the examining officer may refuse the registration. Article 4 of the Japanese Trademark Law stipulates that trademarks containing other people’s names, pen names, stage names, aliases, and likenesses shall not be registered unless permission is obtained. In its trademark review practice, if it is a commonly used name, even if you register your own name as a trademark, you need to obtain the consent of other people with the same name. The Korean Trademark Law stipulates that if a trademark contains the name, stage name, pen name, trade name, etc. of a famous person, it is not allowed to apply for registration, but this does not apply to those who have obtained permission.