Q: I want to trademark a fictional character. Is it possible to register it nameless & universal for any goods/service?
Character/mascot for album cover artwork. Main character in a novel. Main character for an animated film adaptation.
A: Trademarks are registered for use on specific goods or services. For example, the character DAFFY DUCK is registered in International Class 16 for "printed matter ... namely, comic books", and also for toys in International Class 28. The application to register the mark must be accompanied by a specimen showing the use.
A: It sounds as though you may actually want to seek copyright protection (possibly in several forms). You should consult with a qualified IP attorney to discuss what type of copyright and/or trademark protection you should seek. A character name is not necessarily required for either.
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A:
The trademark registration must typically identify specific goods or services that are associated with the character. Consulting with an intellectual property attorney experienced in your specific industry can guide you in properly defining and protecting your character's trademark rights.
Sincerely,
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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