New York, NY asked in Trademark for New York

Q: can I trademark an IP without a business license or deciding on a business name ?

I have fictional character I made for movies, music and books. I want to protect it and license it

Related Topics:
2 Lawyer Answers
Benjamin Charles Korray
Benjamin Charles Korray
Answered
  • Trademarks Lawyer
  • Brooklyn, NY
  • Licensed in New York

A: Yes, in theory you can. You do not need to first form a business or decide on a business name. However, in order to obtain a registered trademark, you have to actually use the fictional character as a brand and "in commerce" which means that you need to sell things under that brand. And, you need to decide what you want to sell under that brand. You could brand a clothing company, you could brand a video production company, etc. etc. With your example, you would need to use your fictional character as a brand (like the Nike CheckMark) on certain goods or services in order to actually protect that fictional character as a trademark.

Another consideration is copyrighting the fictional character. Copyright protects creations such as drawings, writings, photos, music, etc. This is different than trademark but may better suit your goals.

Please feel free to reach out if you have any further questions to benjamin@korraylaw.com. Thank you.

1 user found this answer helpful

Nicole Schaefer
Nicole Schaefer
PREMIUM
Answered
  • Trademarks Lawyer
  • Beaverton, OR

A: Hi! You can definitely trademark your character name, even without a business license or a business name. I would recommend consulting with an attorney to make sure that is the right action for your situation, but having a business name and license are not necessary for trademarking something like that.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.