How to Trademark a Film Series
Trademarking is a complicated process that requires very careful consideration. And an understanding of the complex legal processes involved. In order to ensure you don’t miss out on any of the important steps. Or misinterpret any of the legal actions involved. Which may result in your trademark being denied. Or in your artistic work otherwise being compromised. In fact, learning how to trademark a film series is definitely a process that a screenwriter or film producer is likely to look into and want to accomplish.
It’s important to understand the potential risk or implications of negative outcomes should something go wrong. You might want to employ the support of legal counsel with a background in intellectual property before attempting to trademark a film series on your own.
Filing a Trademark for a Single Creative Work
Before we get into the process of trademarking a film series. It’s important for you to understand what a trademark is. A trademark represents a sign or symbol which distinguishes goods/or services of one trader from those of another.
Basically, a trademark is your distinguishable sign. Which may include words, logos, pictures, letters or artistic designs. Either registered or unregistered and which distinguish your films from others.
Registration
Films are rarely trademarked. Because there’s not much purpose in trademarking a film title if it’s just to go from theater to video and quickly become a thing of the past.
With the trademark registration process taking upwards of 12 months. By the time you receive the trademark on your film, chances are it will already be in the back of everyone’s minds.
Multiple Films
However, if there is expectation for the film to have a sequel, series. Or for there to be long-term exploitation of the film with merchandising and other opportunities. A trademark may make sense.
For example, you might recognize that certain characters and story elements of past films have been trademarked over the years. Such as Harry Potter and Quidditch.
In these cases, it makes sense to trademark the film characters (or book characters) because the merchandising royalties and other long-term exploitation is grand and far outlasts the “average” film character.
Filing a Trademark for a Film Series
According to the United States Trademark Office, filmmakers may trademark a film series similarly to how they might trademark a single creative work. In fact, the US Trademark Office states that trademarking a film series requires a process.
One that is similar to that of trademarking a single creative work such that “an applicant must submit evidence that the title is used on at least two different creative works” and “evidence that the applicant intends to use the mark on a series is insufficient.”
Thus, you must actually create your second or third or more films in the series, AND include the intended mark that you want to trademark before you can apply.
Hire Legal Counsel
So, knowing how to trademark a film series is all about providing your application to the U.S. Trademark Office and also providing with the application, proof that your film series represents at least two different creative works with the symbol for which you will trademark.
Upon providing this information, and possibly hiring legal counsel to assist with the paperwork to ensure you’ve provided the correct details and supporting information on your application, you can trademark your film series.