Protecting a production company name...

G

GRhenals

Hello,

I recently came up with a seemingly new and original production company name and I'd like to make sure I'm the only filmmaker using it.

What steps can I take to ensure that no one steals my production company name?

Also, is there a database where I can verify that my production company name isn't already in use by someone else?

Thanks for any help with this matter.

-GR
 
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You register your business name (Production company name in your case) through the Office of the Secretary of State. During the process of becoming a legal business entity such as a limited liability co (LLC) you will (in most cases) have to register a business name. At this time you will know the availability of your company name. Somebody may or may not have already registered that name. If you do not register your business as a legal entity then you have no say over anybody taking that name. Having said that, it does not protect it from being used by some other business in a different field in a different state. It may come down to being Trademarked at the federal level. In order to qualify for a federal trademark your company must be used in interstate commerce (national vs local businesses).

I am no attorney so that is just what I've heard through the grape vine. You should contact an attorney that specializes in intellectual property.
 
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It's rather an expensive prospect to do this. You'll want to consult a law firm that specializes in this kind of work as each country where you may want protection have different laws and regulations and one thing you won't want to do is open yourself up to liability issues... On top of that there are language barrier issues you'll need to consider.

From memory, it usually starts with trademark registration in every country/region you want exclusivity and then deciding where you want to conduct business and register limited liability business entities in those regions.

I'd expect it to cost you a pretty penny to do it properly.

What steps can I take to ensure that no one steals my production company name?
Click to expand...

Something like an army of lawyers at your beck and call.

The question should really be, what protection do you really need and is it worth it to you?
 
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Unless your desired name is Fast and Furious Productions, or something that's already well known, I don't think you need to worry about securing it. Most new production company names seem to be made for personal reasons, so really what are the odds that someone takes yours? And even if that should happen, does it really matter?
 
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Your entertainment lawyer will tell you that each film you make needs to have its own separate production company name (aka LLC). Paying to protect your production company's name is something you'll kick yourself for when a glitch comes up in post.
 
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