VO-BB - 20 YEARS OLD!

richvoice · Posted: Mon Mar 30, 2015 12:49 pm Post subject: Trademarking

I saw something recently that has spurred me into looking into a trademark. From what I can see on the uspto.gov website, it looks like the process is not exactly simple, but not terribly complicated, either. Can anyone who's been through the process make any suggestions on the best way to proceed?
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Frank F · Posted: Mon Mar 30, 2015 12:57 pm Post subject:

One of the first questions you need to ask yourself is do you need a "Trademark" or a "Servicemark". Although similar, a Trademark (TM) is generally used for goods and products while a ServiceMark (SM) is most often service based.

While you are at the search level, consider this: most states have the ability to offer trade and service marks on a state level, it is cheaper and easier than a federal mark...

I am no attorney and I have not stayed in a Holiday Inn lately, but doing either mark is really a simple process. And, then there is the "poor man's trademark.....

I have both tm's and sm's.

Frank F
"The Voice" tm
Frank Frederick, The Voice sm
The Voice sm

P.S.: I have logos which are sm's, too
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richvoice · Posted: Mon Mar 30, 2015 1:33 pm Post subject:

Many thanks for the chat, Frank. I definitely know how to proceed!
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Moe Rock · Joined: 13 Dec 2014 Posts: 8 Location: Harrisburg, PA

I am also in the process of trademarking. From my understanding what we do is technically a Service Mark. But the important part is it protects your business name.

I've watched all the video's at USPTO.gov site and I'm probably going to try it on my own (shivers).

Also Robert Sciglimpaglia is a great lawyer and actor who does a lot for VO's. If you have the funds, you can hire him to do it for you.

Moe Rock · Joined: 13 Dec 2014 Posts: 8 Location: Harrisburg, PA

I am also in the process of trademarking. From my understanding what we do is technically a Service Mark. But this important part is it protects your business name.

I've watched all the video's at USPTO.gov site and I'm probably going to try it on my own (shivers).

Also Robert Sciglimpaglia is a great lawyer and actor who does a lot for VO's. If you have the funds, you can hire him to do it for you.

Bob Bergen · CM Joined: 22 Apr 2008 Posts: 979

Perhaps this is a dumb question, but what is it you are trademarking???

ccpetersen · Posted: Fri Apr 03, 2015 8:32 pm Post subject:

The cost of the trademarking is fairly easy to figure out. BUT, an attorney will cost you on the order of $250.00 per hour and up. Might be worth it; but first, do a search on your preferred service/trade mark to make sure nobody has tried to claim it first. There are folks in Macau and Russia who are putting in claims on names very similar to others online, and then they hold the name for ransom when the examiner rejects or returns your a Hobo Tounge

for being "too similar" to something else.
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heyguido · Posted: Fri Apr 03, 2015 9:14 pm Post subject:

More importantly....

Are you trademarking something worth protecting?

Just askin'....

Inoccent

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Don Brookshire
"Wait.... They wanna PAY me for this?"

DougVox · Posted: Sat Apr 04, 2015 9:56 am Post subject:

Bob, I can't speak for anyone else here, but I trademarked (technically, it's a "Registered Service Mark") my brand name: UNnouncer.

It's the focal point of my branding and marketing, so I wanted to be sure that I "owned" outright.

And to Don's point, yes, I think it is worth protecting. In fact, three different people have, uh, "borrowed" either the word, the logo, or content from my site on different occasions. A quick note from my attorney was all it took to get them to reconsider.

In one case, someone actually transcribed my demo, recorded the same spots with their voice, and posted it on their site and on Linkedin as their own demo. That one was a little trickier to deal with, (had to get a client involved to explain that they owned one of the scripts in question and that their legal team might not be amused by this other talent's use of their material) but we got it handled.
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Voiceover UNnouncer®
UNnouncer.com

Bob Bergen · CM Joined: 22 Apr 2008 Posts: 979

Wow, this is all oh so new to me and another example of this new vo generation.

In my world, which is the union world of pro vo so I and it just doesn't relate to this topic, your demo is not "owned" by anyone. It demonstrates your talent. It's not for sale, it's not for broadcast. Most of "us" are not concerned or bothered by asking permission to include a spot on a demo. In fact, most professional demos consist of spots done for the demo. It's not to demonstrate what you've done, it's to demonstrate what you do well.

But this explains a lot to me. My agent told me that over the past few years, actors around the country have been sending demos where the content she didn't feel was competetive. Every time, the actors bark back that the spots are real, which matters not when selling your brilliance to agents or buyers.

That said, it obviously matters to the new generation of vo. No one in my world has ever, ever been sued for including a spot on their demo without asking. We all often have the same spots on our demos because you want contemporary Class A spots to show off you understand today's advertising. Advertisers not only couldn't care less, they enjoyed hearing their work proudly promoted on a demo. And, they also enjoy hearing other actors interpretations of their work on their demos. They feel as promoted as the actors. Sue?? They thank!! But perhaps the non Union buyers also don't relate to this???

As for owning a slogan?? Why is this worth spending money on??? So someone else has your "brand" or trademark on theirs. What's the damage??? And say you have your attorney send a letter to remove. If this actor ever moves on to producing/casting/agenting, which happens a lot, I think they'd think twice of working with litigious actors.

Now, again, this is outside my world. Perhaps because the non Union world doesn't have the protection and benefits of the union, this generation feels this is important. So, what do I know??!! But even the union doesn't protect or get involved in this stuff.

I fully own that this is probably just a world outside my professional world. But it's another example of how grateful I am that I got into this when I did!

Frank F · Posted: Sat Apr 04, 2015 1:53 pm Post subject:

Bob, you know I love you as a brother; but I have to jump in on this subject and help explain some things.

Branding is not about how you write your slogan or epitaph. a brand is who you are to others. Bob Bergen does not need an introduction other than "he is Bob Bergen". Frank Frederick needs something else to identify who he is or is not.

A service/trademark is indicative of a brand that identifies to customers that one "owns this space" (or moniker or other identifier). It is YOU (speaking to the owner of the mark), as long as you live up to the hype you have created about the individual Brand/Trade/Service mark.

A business in many cases does not need a trademark as it is already registered as a specific business and is thus identified. Once the business begins creating products, the products need to identified as being created by the business and a simple "mark" or I.D. - a trade mark or in the case of VOists, a service mark reveals our place in the food chain.

O.K., o.k.; our voices are our specific service mark I agree. However, when searching for that "voice"; a brand mark or service mark doesn't hurt to put your name in front of buyers with money.

Now that many of our readers understand the desire for a mark of some kind (i.e.: trademark/service mark) I should also share a caution about owning one:

One: Live your brand every day, every hour, every minute, every second of your life. If one does not "live and breathe" their brand, one must remember how in a split second a persons opinion can and will change if a bad scenario is revealed. If you cannot live up to your brand and trade/service mark, search for one you are able to live up to. So do not fail to preserve

You are your Brand/Trade/Service MARK. So do not fail to protect it at all costs.

I have done enough damage with these thoughts so, if you want to know more about branding and marketing for VOists, I will be happy to share my thoughts through a book. Let me know if you desire a copy or two.

Frank F
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Bob Bergen · CM Joined: 22 Apr 2008 Posts: 979

Thanks Frank! That adds a lil clarity.

That said, here's the deal. Bob Bergen absolutely needs an introduction! There are as many new buyers entering show business as there are actors. Each genre doesn't necessarily know or appreciate the others. And no one has ever "made it" in show business. The moment you go there, the career goes into the toilet.

Now, on to the clarity you brought me. And it really just validated my original thoughts. This is the new generation of vo. Those at a certain level, we aren't relying on being searched. The buyers we work with aren't actively searching talent. They send copy to our agents. It's our agents who do the searching. Unless the actor is a request to audition, agents are the ones who search their database and cast who is right to audition. Or, we read directly for a casting director. It's a totally different culture.

Now, the truth is there are more in this newer generation than the old one. So this whole idea of a trademark, buyers searching, etc., is the new normal for the majority. This I get. If spending on a trademark makes sense for this new normal, then ya gotta do whatcha gotta do. You all also needed to spend on ISDN and whatnot, which I did not.

I find all of this very fascinating. The changes are relative. I remember when demos went from reel to reel, to cassette, to CD, to websites. I remember when auditions went from in person at the ad agency to your agent's office. There was a ton of resistance and protests. But to keep playing in the big leagues ya had to adjust or retire.

heyguido · Posted: Sat Apr 04, 2015 3:59 pm Post subject:

In Doug's case, he's right. He absolutely does have something worth protecting.

He's carved out a niche, and established a reputation for delivering that niche.
He has developed a brand. Not because he said it. But because others have.

This is where so many make a critical error.

They attempt to brand themselves with claims they can't back up. The end result is that their brand soon is known to be a charade.

And THAT'S a reputation you'll NEVER be able to live down.
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Don Brookshire
"Wait.... They wanna PAY me for this?"

DougVox · Posted: Sun Apr 05, 2015 3:29 pm Post subject:

Don, thanks for the kind words!

Bob, as for "owning a slogan," I can't speak for anyone else, since every situation is unique, but in my case, I created a word that didn't exist before, and wanted to be sure that I "owned" it for a number of reasons. Not the least of which is the fact that in the last few years, that word has been at the center of marketing efforts and materials that I've spent quite a bit of money on.

Like you, I'm a big believer in proactive marketing (I started back when demos were on cassette), and without consistent, persistent marketing and branding, I can't imagine that I'd have been able to build and maintain a full-time career from here in Miami.

And FWIW, I bristled at your suggesting that I'm a "litigious actor." I've never threatened to sue anyone, and find it hard to think of a situation in which I would sue anyone. I merely reminded some folks that they were infringing on my trademark and asked them to stop. They did.

Also, I totally get the idea that today's talent might be tomorrow's producer/casting agent, and that there's a real need to act accordingly, but honestly, if a "talent" has so little respect for me that they'd use my logo, trademarked brand name or even my demo(!) as their own, is it even possible that they'd consider hiring me if/when they had the opportunity? (And even if they did, would I want to work for them?)

By the way, if you'd like to know more about branding, consider taking Frank up on his offer...there are few who "get it" as well as he does.
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Doug Turkel (tur-KELL)
Voiceover UNnouncer®
UNnouncer.com

Lee Gordon · Posted: Sun Apr 05, 2015 8:02 pm Post subject:

Bob, this is just a random thought, but if I decided to start calling myself "Lee Gordon, Voice of Porky Pig," you'd probably have an easier time stopping me if you owned "Bob Bergen, Voice of Porky Pig™." Of course, you'd probably have to have a chat with the fine f-f-f-f-olks at Warner Brothers before you could use that as a service mark. Smile

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Voice President of the United States
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