How To Trademark A Character?

Creating a unique character can be a significant asset for your brand, whether it’s for a book, a comic strip, a TV show, or a business mascot. Trademarking your character is a crucial step to protect your creative work and ensure that it remains exclusively yours.

Here’s to learning how to trademark a character.

Why Trademark Your Character?

Trademarking your character grants you the exclusive right to use it in connection with your products or services. This legal protection helps prevent others from using a similar character that could cause confusion among your audience. For instance, if you create a unique character like “Mickey Mouse,” trademarking it ensures that no other company can legally use a similar character, safeguarding your brand identity.

By trademarking your character, you ensure that you have exclusive rights to use it in commerce. This exclusivity is vital in a competitive market where brand differentiation is key. For example, the characters “Harry Potter” and “Superman” are trademarked, ensuring that no other entity can use similar characters, which helps maintain a strong and unique brand identity.

A registered trademark adds significant value to your brand. It is a tangible asset that enhances your overall business worth. This can be particularly important if you plan to license your character, sell your business, or seek investment. A trademarked character adds credibility and can attract potential investors or partners.

Trademarking your character acts as a deterrent to others who might consider using a similar character. When other businesses see that your character is trademarked, they are less likely to use a similar character, knowing it could lead to legal repercussions. This helps protect your brand from infringement and maintains its uniqueness.

Registering a trademark for your character demonstrates professionalism and a serious commitment to your brand. It shows that you are dedicated to protecting your creative work, which can enhance your reputation and build trust with your audience, partners, and investors.

Rebranding can be a costly and time-consuming process. By trademarking your character early on, you can avoid the potential expenses associated with rebranding if another business claims your character or a similar one. This foresight can save you significant time and money in the long run.

If you plan to expand your business or creative work, having a trademark provides legal protection in other areas as well. Whether you’re launching new products, entering new markets, or creating additional media, a trademark ensures your character is protected across various platforms and initiatives.

Famous Trademarked Characters

Mickey Mouse

Created in 1928, Mickey Mouse is the cornerstone of Disney’s brand. The trademark protection ensures that Mickey’s likeness and name are exclusively used by Disney, preventing unauthorized use and maintaining the character’s iconic status. This protection extends to movies, TV shows, theme parks, merchandise, and more, contributing to Disney’s vast revenue streams.

Superman

Superman, created in 1938, is one of the most enduring superheroes in popular culture. The trademarks protect the character from unauthorized use, ensuring that all official products, from comic books to movies and merchandise, are controlled by DC Comics. This legal protection helps maintain Superman’s legacy and brand value.

Spider-Man

Spider-Man, created in 1962, is a pivotal character in the Marvel Universe. The trademarks ensure that Spider-Man’s image and name are exclusively used by Marvel, preventing unauthorized reproductions. This protection covers comic books, movies, merchandise, and theme parks, making Spider-Man one of Marvel’s most profitable characters.

Harry Potter

The Harry Potter franchise, originating from J.K. Rowling’s books, has become a global phenomenon. Trademarking the character names and related imagery protects the brand from unauthorized use and ensures that all related products and media are official. This protection has allowed the franchise to expand into films, theme parks, merchandise, and more, maintaining its cohesive brand identity.

Batman

Since his debut in 1939, Batman has become one of the most iconic superheroes. The trademarks ensure that Batman’s image and name are used exclusively by DC Comics, protecting the character’s brand across comic books, films, merchandise, and more. This legal protection helps preserve Batman’s unique identity and market value.

How to Trademark a Character

Trademarking a character involves several steps. Each step is crucial to ensure that your application is successful and that your character is adequately protected.

Step 1: Decide How to File

Before starting the trademarking process, decide how you want to file your application. You have three main options:

Direct Filing with USPTO
- File directly with the United States Patent and Trademark Office (USPTO). This option is the most cost-effective but requires you to handle all aspects of the application yourself.
Online Legal Services
- Use online legal services that specialize in trademark registrations. These websites can simplify the process and ensure that your application is correctly filed.
Hiring a Trademark Attorney
- Hire a trademark attorney to handle the process for you. This option is the most expensive but provides expert guidance and increases the likelihood of a successful application.

Step 2: Review the Current Fee Schedule

The USPTO updates its fee schedule periodically. Before submitting your application, review the current fees to understand the costs involved. Being aware of the fees upfront helps you budget for the trademarking process and avoid surprises.

Step 3: Conduct a Thorough Search

Conduct a search in the USPTO’s Trademark Electronic Search System (TESS) to ensure that no similar trademarks are already registered. This step is crucial to avoid potential legal issues and application rejection.

Tips for a Comprehensive Search:

Search Variations: Look for different variations of your character’s name, design, and concept.
Check Related Classes: Ensure that the term is not already used in related classes of goods or services.
Review Abandoned Trademarks: Understand why previous attempts to trademark the term were abandoned, as this can provide valuable insights.

Step 4: Develop a Strong Argument for Distinctiveness

To convince the USPTO that your character is eligible for trademark protection, you need to provide substantial evidence of its distinctiveness and use in commerce. This may include:

Character Design: Create a unique and detailed design for your character.

Usage Evidence: Demonstrate how the character is used in your products or services, such as in marketing materials, merchandise, or media.

Consumer Recognition: Provide surveys, customer testimonials, and other evidence showing that consumers associate the character with your brand.

Step 5: File Your Trademark Application

Once you have developed a strong argument for the character’s distinctiveness and use in commerce, you can file your trademark application through the USPTO’s Trademark Electronic Application System (TEAS).

Choose the Appropriate Form: Depending on your circumstances, choose between TEAS Plus, TEAS RF, or TEAS Regular.

Provide Detailed Information: Include all necessary information in your application, such as the character itself, the goods or services it will be used with, and the evidence supporting its distinctiveness and use in commerce.

Submit Specimens: Provide specimens showing how the character is used in commerce. This could include images of the character on products, marketing materials, or media.

Step 6: Monitor and Respond to Office Actions

After filing your application, the USPTO will review it and may issue an office action if there are any issues or objections. You will need to respond to these office actions promptly and effectively.

Common Objections: Be prepared to address common objections such as descriptiveness, likelihood of confusion, or lack of distinctiveness.

Legal Assistance: Consider hiring a trademark attorney to help you navigate the office action process and strengthen your case.

Costs of Trademarking a Character

The cost to trademark a character varies depending on the filing option you choose. Here are the three basic options provided by the USPTO:

Direct Filing Fees

When you file directly with the USPTO’s TEAS, you can choose from three basic options:

TEAS Plus
- Basic Filing Fee: $250 per class of goods or services.
- Additional Class Fee: $125 for each additional class.
- Email Communications: Required for further communications.
TEAS Reduced Fee (TEAS RF)
- Basic Filing Fee: $275 per class of goods or services.
- Additional Class Fee: $125 for each additional class (payable later).
- Email Communications: Required for further communications.
TEAS Regular
- Basic Filing Fee: $350 per class of goods or services.
- Additional Class Fee: Fees apply for adding classes of goods and services.

Additional Costs

Trademark Attorney: Hiring a trademark attorney can cost anywhere from a few hundred to several thousand dollars, depending on the complexity of your case.
Marketing and Surveys: Gathering evidence for the character’s distinctiveness may involve costs related to marketing materials, consumer surveys, and other forms of proof.

Contact Us:

If you have any questions or need assistance with trademarking your character, our team of experts is here to help. Contact us today to learn more about how we can help you safeguard your character and enhance your business.

Sissie Hsiao

Sissie Hsiao is the Vice President of Content Marketing and an innovator at heart. With a deep expertise in law, she specializes in the cutting-edge application of trademark and copyright. Sissie's unique blend of legal knowledge and marketing acumen drives her passion for developing forward-thinking content strategies that protect and promote creative works.