How to proceed with copyright and trademark registration for a superhero character in the comic book?
A trademark includes comic book characters logos and names. Any logo or name of the characters utilized on products in commercial trade would be eligible as a trademark. The trademark mostly consists of any mixture of original designs, phrases, symbols, signs or words. It may not include only descriptive or generic terms like man or bat. But still, the name of the character batman be eligible for copyright and trademark registration. It is because it has an exclusive combination of words. The logo of Batman consists of a unique design. It is mandatory to approach for copyright and trademark registration for a comic book character. It should not affect other trademark holder’s rights.
Steps involved in copyright and trademark registration
Stage 1: Select an exclusive comic book personality name to recognize your hero and differentiate the hero from other comical book heroes. Ensure to avoid names that are present in other comic books as it can confuse. When there are two or more similar names, there are chances of confusion. Such names do not get qualified for trademark registration. It is because they may interfere on another trademark holder’s rights.
Stage 2: Utilize the comic book personality’s slogans, logo, and name on products provided in commercial trade. Develop a stylized mark using the name with a particular size, font, and color. Neatly draw a draft of the logo. Create sample products using the name. You can place the logo on each product. It is recommended to consider costumes, lunch boxes, and action figures. Place the trademarked items for trade in the market.
Stage 3: Browse the internet and search for federal and state trademark registration databases with similar marks. Perform one thorough search for the name of the character and additional search for the logo design. Utilize the United States Trademark and Patent Bureau’s Trademark Electronic Search Method for pending applications and registered trademarks.
Stage 4: Contact the state trademark agency of each state where all the trademarks will be mostly utilized in commercial trade. The majority of the state would provide online trademark registration details and services. Now, download the state registration application form for all the applicable state.
Stage 5: Accomplish a separate state application for every trademark registration if needed. Offer a sketch of the formalized name mark and the sketch of the logo plan. Ensure to pay applicable filling charges for all trademark application. You can apply by mail or online.
Stage 6: Accomplish a use centered federal registration application form for each logo, name, and slogan that is used in the trademark. Select a use centered application according to the utilization of the logo in the commercial business. It can be either present utilization in the business or with a plan to utilize the logo in the future. Ensure to evaluate the federal trademark recordkeeping procedure on the website of USPTO.
Stage 7: Fill the ownership details on the federal registering form by including the data the personality’s name was first utilized in the commercial business. It means the data the character has been first used in the form of a mark or commercial trade anywhere. Sign the sworn affirmation to authorize you are the legal proprietor of the trademark who has used it first as well as developed it first.
Stage 8: Choose the types of services or goods appropriate for each trademark. Some of the best examples of goods are character T-shirts and toy action figures. Each kind of goods comes under a category. Character T-shirts will come under the clothing category. Headgear and footwear come under International Class 25. Find out the filling costs according to the total number of groups selected for every trademark product.
Stage 9: Send the application by mail or online. Pay the necessary fees. Ensure to add the drawings of the logo and name mark. If you are sending online, save the application validation.
Tips to copyright and trademark registration for your comic creation
Comic creations come with sufficient copyright matter, which includes creative text, unique graphics, and detailed artwork. It is possible to register your actual creative work like visual artwork or literary work. Check Out – here about how to get a trademark for a Comic Book Superhero Character.