San Diego Comic Book Lawyer

Protecting your brand with the law from your nemesis

Q&A

Whether you’ve developed a brand-new idea or you’re looking to protect an established brand, you might be asking yourself whether filing a trademark is the right choice for you. To help you on your journey, we’ve put together a short Q&A of some of the most common questions we’ve received over the years.

Please note: just like any other aspect of the law, whatever option that is best for you is highly fact-dependent and is on a case-by-case basis. While this Q&A provides some basic legal information about trademarks and copyright, this should not be considered legal advice. If you have additional questions, reach out and schedule an appointment with us today to see if we might be the right fit for you!

A. At its heart, a trademark is nothing more than something identifiable that allows you to easily link a good or service to the thing that creates it. While most commonly a word or a logo, a trademark can be more – a word, a phrase, a symbol, a design, a color, a sound, and in some cases, even a smell or texture!

A. Well, the short answer is no. Generally speaking, the USPTO (United States Patent and Trademark Office) does not allow for titles or character names to be registered as trademarks. You can register the name of a series, however! The purpose of a trademark is to connect a product to a producer – when a reader sees “The Chronicles of Narnia” on a book, we want them to associate it with the same quality-crafted material they have read in other books with the same title. It is possible to register character names (or in some cases, logos of characters) for trademarks as well. Ultimately, the USPTO looks at the overall fame and notoriety associated with a proposed mark to decide whether a trademark is warranted. Applicants often find that having a strong, clear, and consistent brand can help provide a strong foundation for a trademark application. That strong brand presence may often include things like offering merchandise beyond the books – apparel, stickers, posters, etc.
A. Generally speaking, the answer is yes! While there are some exceptions, you can’t usually register your real name as a trademark. However, if you meet the criteria required by the USPTO, you can register a Pen Name as a trademark to better protect your name from others.
A. A copyright is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression. What does “original” mean, exactly? Well, that’s been left intentionally vague. The most straightforward answer is one where the work is independently created without the influence of others, or without directly copying. If you’re unsure whether your work might qualify as copyrightable material, it never hurts to speak with an attorney to see what your options may be!
A. While copyright exists automatically in an original work of authorship once it is “fixed” (the legal term for your work being made permanent in some manner), registration improves the protections you receive – most notably that registration is necessary to enforce the exclusive rights of copyright through litigation. Registration can take place at any time, but generally speaking, the earlier the better.
A. It may be more than you think. Many types of works qualify for federal copyright protection – paintings, photographs, illustrations, musical compositions, sound recordings, computer programs, books, movies, poems, blog posts, and in some cases, even handouts made by your business!

Note: The information provided on this website are for general informational purposes only, do not constitute and should not be considered to be legal advice, and are presented without any representation or warranty whatsoever, including as to the accuracy or completeness of the information. No one should, or is entitled to, rely in any manner on any of the information at this site. Parties seeking advice should consult with legal counsel familiar with their particular circumstances. THIS WEBSITE IS AN ADVERTISEMENT BY POKALA LAW APC.

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