I intend to produce a reality TV show. I have the following concerns:
1. Should I register the title of my show as a trademark?
I'm not your attorney, and if I where I could not give you legal advice
without knowing a great deal more about your situation and plans. However, I
will say that I cannot think of a plausible situation in which I would
recommend going into production without registering the title as a
trademark.
2. If the name of the show get registered, does it mean no one can use
the same name for a reality TV show. (of course, they can use it
anyway, but I probably will prevail in court, right?)
Almost certainly correct, on both counts.
3. I guess if registration is needed, I need to register in the
federal patent/trademark office. Do I need to register in a specific
state, say California? If I only registered in federal office, could
my trademark be abused by other in a certain state without penality?
State trademark registrations are useful primarily for local businesses like
roadside attractions and unfranchised restaurants. For your purposes you can
ignore them. Federal registration will give you the maximum available
protection everywhere in the United States. (Protection in other countries
is another issue that I won't address here.)
BTW, do the titles of the current reality TV shows broadcasted on TV
network registered as trademake? Anyone know?
You can check this yourself by going to the PTO web site, www.uspto.gov.
Click the "Search" link under "Trademarks."
Now, I need to address a more general issue. It's commendable that you are
investigating this question before you proceed, and your message
demonstrates that you understand more about trademark law than many people
do when they contemplate a business venture involving trademarks. However,
the very fact that you are asking your question here implies that you are
getting ahead of yourself.
Television production is a tremendously complex business which raises all
sorts of legal problems, of which trademark protection is one of the more
innocuous. You are going to need legal advice before you start making
commitments to performers, writers, production facilities, distributors, or
anyone else, and you will need it right through the process.
If you have substantial experience in this field you have professional
contacts who can help you find an attorney who is knowledgeable in
entertainment law, along with the funding and other resources you will need
to get off the ground. If you don't have that type of experience your
chances of success are very small, with or without legal counsel. It's best
that you understand this before you get in over your head.
