Ways to trademark a production name? « Videomaker Community Forums

CraftersOfLight
Member

I have noticed quite a few queries on how to get into the videography business and I have a question about my goals in that regard.
I love to do outdoors videos. Those scenic beauty shots showing how wonderful nature can be when calm as well as when upset. Then choreograph those scenes to music. Today this is a hobby mostly for my own pleasure and to share with others. So maybe some day I will be looking at trying my hand at making some money at this.
In the mean time, I have been working an idea for a production name and logo. I have been using the on the videos I create and share on sites such as YouTube. It is also the name I use for forums such as these.
Is there an inexpensive way to get those trademarked or copyrighted, or whatever the proper process is, so that I can use it now and when, down the road, I try to become a business, it is still "mine"? Has Videomaker ever done an article on such an action that I might be able to read?

Thank you for any answers that may be provided.

Life is not a guided tour nor a destination.
It is a journey. Take the time to enjoy your family, friends and surroundings.
Build memories. Share experiences. Travel at sight speed not light speed. (C)

Posted 2 years ago #
EarlC
Moderator

As you know, a trademark attorney can make the search and process much simpler, if not MORE expensive. That being said. Somewhile back I did a Google search on Trademark Registration and found a HOST of information, including the actual government site chock full of trademark yada, yada. I made an attempt to do it myself once, dropped the money - $300, or so, or something like that at the time, dunno what it is today, what with our government bailing out all the big boys - but I did not do something right, they don't explain what, not really, and lost my money (non-refundable) in the process.

Posted 2 years ago #
CraftersOfLight
Member

(Cleaning up the "extra" character strings that did not show until after I posted the original query. Adding some text that seemed to have gone missing as well.)

I have noticed quite a few queries on how to get into the videography business and I have a question about my goals in that regard.
I love to do outdoors videos. Those scenic beauty shots showing how wonderful nature can be when calm as well as when upset. Then choreograph those scenes to music. Today this is a hobby mostly for my own pleasure to build my skill sets up and to share with others. So maybe some day I will be looking at trying my hand at making some money at this.
In the mean time, I have been working an idea for a production name and logo. I have been using them on my videos I create and share on sites such as YouTube. It is also a veriation of the name I use for forums such as these.

Is there an inexpensive way to get those trademarked or copyrighted, or whatever the proper process is, so that I can use it now and when, down the road, I try to become a business, it is still "mine"?

Has Videomaker ever done an article on such an action that I might be able to read?

Thank you for any answers that may be provided.

PS Thanks for the Info EarlC.

It is a trademark I am looking to register then? Doing some google searches is providing so much information under both Trdemark and Copyright that knowing I can reduce my options in the right direction looks interesting but I do not want to short-change myself either.

Posted 2 years ago #
EarlC
Moderator

Not really an "inexpensive way" to do it.

I would think there's some way to query the Videomaker people, or search the archives here, ask an administrator, etc. to see if such an article has been presented. I know Videomaker over the years has developed material on how to develop paid access/public access production; generating restaurant reviews and making money doing it; the legality or not and possible use of non-released copyright materials, etc. They are bound to have some resource regarding trademarks and business names, etc.

The info IS vast, and again it bears repeating that probably the only way to come close to something that will legally hold water regarding a trademark establishment or infringement once you are successful in obtaining one, is going to be that copyright attorney and spending the money for a search, and proper filling out of the forms necessary to hopefully receive a trademark designation from Uncle Sam.

Posted 2 years ago #
JMM
Member

i live in Canada ( quebec ), and to register a compagnie name, its verry simple.

You go to the governement office, fill some paper, pay like 500$/years and your good ( for small individual buisness ). I dont think you need something to be copyrighted worldwide ...

I dont know if there is ressource in us to * how to start a compagnie * on the governement website. But in Canada they take care of you and they will explain all the little step by phone. Its not complicated and expensive.

Television Technician
http://www.vimeo.com/julienmarion
Sorry for my english im french

Posted 2 years ago #
EarlC
Moderator

There's a VAST difference, in the U.S. anyway, between the time it takes, costs to do it and complicated application to fill out for a Trademark, while the copyright thing can be done a few ways. U.S. copyrights laws, for better or worse, are relatively automatic regarding EVERYTHING you write or create that is copyrightable.

It is much better, of course, if you take the time to claim the copyright by issuing the standard Â© statement with name and date on your creative properties, diligently defend it, watch for violations of it, and even go through the effort of sending the required copies and documentation to the right government department. Another relatively simple approach people sometime use, especially with written/printed content - songs, music scores, poems, articles, novels, etc. - is to seal and deliver an envelope containing these materials, then file them unopened in the event that a "date of creation" issue raises its ugly head for you when someone else claims copyright to the same. There are even issues with that and would likely require a court date to establish ownership of copy and rights to usage questions.

Also, while it is virtually mandatory to do a Trademark search to establish that your trademark intent doesn't look like, duplicate or violate someone elses, and so that you can have a trademark that is viable for your production, company name and/or personal branding/marketing efforts for a region, state, area, country or world-wide. Trademarkes MUST be vigorously defended as well because you CAN actually lose your rights to it, or some elements of its protection, if you do not have enough effort invested into owning it and keeping it (think Coke, Disney, Apple) defended against possible infringement.

So, yeah, easy in a sense, even in Canada, but more difficult when you get to the realities of having, maintaining, sustaining and defending either.

Posted 2 years ago #