Trademarking a logo, my address and phone number are made public?

[ChrisCopyright]

What is the name of your state?NJ
Hi I will be trademarking a logo for my movie production company. First of all, can I just say "I have a production company with a logo" or do I need to set up an LLC for the production company before I trademark the logo? I read that my personal info will be made public record if I trademark. Is this true? Is there a way around this? If my movie I made becomes popular I wouldn't want people knowing where I live/phone number/etc.

Also should I get a lawyer to trademark or do it online? And if I get a lawyer, what do I need to have handy? A digital copy of my logo in black and white and color I suppose with extra copies of the icon and font part of the logo in separate files to be trademarked separately also?

I'm new at this so any info about this process would be very helpful.
Thanks
Christine

 

[PayrollHRGuy]

Is your "movie production company" and actual corporation as in registered with the state?

 

[ChrisCopyright]

Is your "movie production company" and actual corporation as in registered with the state?

HI. No it's not registered anywhere. Is that easy to do?

 

[FlyingRon]

First off, you get trademark rights by using your mark in commerce. You get additional benefits from registering the mark (and you have to have either already used it in commerce or have a bona fide intent to do so). Yes, the entity that registers the mark is public information. That includes the entity name and address (the phone number and email on the application is only for internal use).

Information on the registration is here: https://www.uspto.gov/trademarks-application-process/filing-online

Technically, it can be done without an attorney, however you sound like you have sufficient questions that you could use legal answers to as well. If you're not going to call your business "Christine Whateveryournameis" then you probably need at least a fictitious name filing. A lawyer can advise if an LLC or Corporation would be a good vehicle for what you want to do

 

[PayrollHRGuy]

What FlyingRon said.

 

[quincy]

You will need to register your business with your state. The information becomes a public record.

Trademarks (what identifies a business from those of all others) include names, slogans, phrases, logos. The rights to these marks are gained through the use of them in commerce in connection with your goods/services.

There is no need for federal registration of these marks with the United States Patent and Trademark Office (USPTO) - and, in fact, the marks cannot be federally registered until they are in use as an identifier for your company (although you can file an "intent-to-use application" with the USPTO if you will be putting your mark to use within 6 months, which "reserves" your name, logo).

It sounds as if you will need legal assistance in getting your movie production company from idea to reality. You can check New Jersey's Small Business Administration and New Jersey's State Bar Association for advice and direction.

Good luck.

 

[FlyingRon]

NJ Business registration info here: https://www.nj.gov/treasury/revenue/gettingregistered.shtml

Such registrations are searchable by name, but do not yield the address or other information other than the date of formation (or regisration) and the entity ID and type and perhaps the city.

 

[quincy]

To add to FlyingRon's link, here are links to Rutgers (Newark and New Brunswick) small business resources:

https://www.business.rutgers.edu/rnsbdc
https://www.business.rutgers.edu/njsbdcnb
Good luck with your production company.

 

[ChrisCopyright]

Thanks everyone: So if I were to go to a lawyer for advice, would he/she charge by the hour? Or charge for what he needs to do for me? I'd hate to go in there and get taken advantage of, because I'm not knowledgable about lawyers and what/how they charge.

One more thing.......I'm also wondering if I can trademark my logo as a personal logo between my friend and I and not have to create/register the name as a company. I'm a graphic designer and I have a personal logo that I use for resume/porfolio/projects.....I wonder if my "movie production company" can just be used in this way as kind of a name/logo for my friend and I when we make film projects. Although creating an LLC would protect us legally in case someone tries to sue us I suppose.

 

[quincy]

Thanks everyone: So if I were to go to a lawyer for advice, would he/she charge by the hour? Or charge for what he needs to do for me? I'd hate to go in there and get taken advantage of, because I'm not knowledgable about lawyers and what/how they charge.

One more thing.......I'm also wondering if I can trademark my logo as a personal logo between my friend and I and not have to create/register the name as a company. I'm a graphic designer and I have a personal logo that I use for resume/porfolio/projects.....I wonder if my "movie production company" can just be used in this way as kind of a name/logo for my friend and I when we make film projects. Although creating an LLC would protect us legally in case someone tries to sue us I suppose.

Lawyers, and lawyer rates, vary. You might be able to find an attorney in your area who will work on an as-needed hourly basis, rather than having to pay a retainer for his services. You should call several to compare what services are available and at what rates they are offered. Initial consultations with attorneys are often free. You can better judge an attorney by setting up an in-person meeting.

You could also find free legal assistance through Rutgers law school. Use the Rutgers links to explore the possibilities there.

A logo is designed as an identifier for a specific business and its goods or services. The purpose of a logo (or any trademark) is to distinguish the company and its goods/services from those of all others, so consumers are not confused as to the origin of the goods/services.

Using a logo (or any trademark) for more than one purpose defeats its purpose.

 

[ChrisCopyright]

Rutgers law school, that's a great idea, I never would have known that.

 

[quincy]

Rutgers law school, that's a great idea, I never would have known that.

Law schools are a great source of information and you can often find free legal assistance.

 

[FlyingRon]

By the way, if you ever watch the movie Rounders, I think it's supposed to be the NY "City Law School", but having spent time as a Rutgers administrator, the academic building he's leaving in some scenes is clearly the Rutgers Newark. It's 15 Washington street, which had been an insurance company headquarters but got donated to RU when the company got bought out. It actually had some Law and Business school stuff in it when I was there, but those got moved to a building closer to the RU campus proper (next to Engelhard hall where I worked part of the time). It's now been redeveloped into housing.

 

[quincy]

By the way, if you ever watch the movie Rounders, I think it's supposed to be the NY "City Law School", but having spent time as a Rutgers administrator, the academic building he's leaving in some scenes is clearly the Rutgers Newark. It's 15 Washington street, which had been an insurance company headquarters but got donated to RU when the company got bought out. It actually had some Law and Business school stuff in it when I was there, but those got moved to a building closer to the RU campus proper (next to Engelhard hall where I worked part of the time). It's now been redeveloped into housing.

Yup. The law school scenes were filmed at Rutgers in Newark.

There have been several movies filmed in my area - more during the time when the state of Michigan offered incentives to movie producers. Some movies - like Scream - I only watched to see what places I could recognize.