How do you trademark a cartoon character name?
I went through the process of filling a trademark name and unfortunately none of the examples really fit my criteria.
I want to trademark the name of a fictional cartoon character I have created which I will be putting in an online animated web-show and a game. In addition we will have this character on merchandise, books, apps, etc.
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Trademark can be a product mark and/or a service mark. If it is pure on-line, we can try to file it as a service mark. Feel email or call me for more details. (408) 436-0789x201, jcai@sacattorneys.com
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The name of a character can generally be registered just like any other trademark. It must not be confusingly similar with another trademark used for similar goods/services, as well as other registration criteria. One key is identifying the products or services for which the character (note that both the character name and the logo/design could potentially be separate trademarks to protect and register) is used or will be used. Given the complexity, you should seek the advice of an attorney.
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Thank you for your input. Imagine that the character is Mickey Mouse. I would like to trademark "Mickey Mouse."
When it asked me for a category, do I make one up? The ones provided didn't accurately describe the use of my mark.
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No, you don't make it up - you have to refer to the USPTO's ID manual, which has set descriptions for goods and services. It's very expansive so I'm quite certain you could find something that fits all the areas that you will be using the mark. For example, in merchandise (Class 025) alone there are literally hundreds of items of clothing, from jeans to button-up aloha shirts (I have actually looked that one up for a client!). Best of Luck! - Shannon @ New Leaf Legal
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The character artwork itself may be protected via copyright registration. However, in order to obtain a federal (national) trademark registration, the character ("mark") must be associated with some goods and/or services. Think of the character as a brand, and ask what goods or services the brand stands for. The USPTO charges additional filing fees depending on the number of different classes of goods and services.
For assistance with filing, please contact Remien & Associates 312 332 0606.
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So far you've described a creative work that will be subject to copyright protection, but you said how, if at all, your cartoon character will be used as a brand, which is required for TM protection.
Will the character be incorporated into the logo for the show, used on product labels for merchandise, etc? More info is needed before help can be offered. Thanks!
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PS -- Sorry! I missed the word "name" in your posting, though the same thing holds true -- TMs are tied to specific goods / services, so you need to identify the goods/services with a fair amount of specificity before searching, clearing and registering your mark. Also, registering the character's name protects the name, not the creative work, which is protectable separately under copyright law.
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You may wish to consider copyrighting your characters as well as trademarking them. Copyrights protect against copying while trademarks identify a good/service with a source. With Mickey or Bugs, a copyright prevents anyone from outright copying of the character's shape while a TM identifies the characters with Disney & Warner Brothers. You can trademark a character in a cartoon strip under International Class 16 (printed matter); Class 09 works for electronic media, such as DVDs or film.
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Protecting characters is a copyright matter...not Trademark, unless you are protecting the character's name
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You can protect the character's name just like any other brand. The key is identifying the goods and services with which the trademark will be used, e.g. television shows, books/magazines, plastic figurines, etc. This is also important because the different goods/services you cover drives the Trademark Office fees. The actual image of the character can be protected as a trademark and copyrights. We offer flat, reasonable fees. I'd be happy to discuss with you more. Dianne 913 232-5011
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You can file a federal trademark application for the design mark. You may also want to consider filing a copyright application. Let me know if I can assist.
Allen M. Lee, A Professional Law Corporation
P: 408-249-2735 | F: 408-260-8263 | allen@allenmlee.com | www.allenmlee.com
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Hello, I assume you are referring to the international categories or "ICs." If so, I am not surprised that one does not fit for you. The category descriptions are broad and are provided as guidance. An experienced trademark attorney will draft a unique description for your products based on a detailed discussion with you (and this is generally what they do). Also note that TM law is federal so you can consult with any attorney you like, even one that is out of state. Good luck!