Trademarking Your Characters
Trademarking characters is an effective way to safeguard the unique creations businesses and artists use to build their brands and sell merchandise. From iconic comic book heroes like Marvel’s Spider-Man to beloved children’s TV characters like Bluey, trademarking helps ensure these valuable assets are legally protected. If you’ve developed a character that represents your business, products, or services, it might be time to consider trademark registration. Here’s when it’s appropriate to trademark a character and how it can benefit your brand.
Why Trademark a Character?
While copyright automatically protects creative works, such as drawings or stories, trademarking goes a step further by protecting a character as a brand, not just a work of art. Characters often become more than just creations—they evolve into symbols of the products, services, or experiences they represent. By trademarking your character, you ensure it is protected not just as a creative work, but also as a commercial asset.
For instance, Bluey characters, from the popular Australian children’s TV show, are not just protected as animated works under copyright law. They are trademarked to secure their use in merchandising and branding. These characters appear on toys, clothing, books, and even in theme park attractions, ensuring the creators have full control over how they are used and commercialised.
When you trademark a character, you obtain exclusive rights to use that character in association with your business’s goods or services. This legal protection prevents others from using your character to promote competing products, helping your brand remain distinctive.
When Should You Trademark a Character?
Trademarking a character is appropriate when it is used in a commercial context to represent a brand, product, or service. Here are key situations where trademarking your character makes sense:
- Merchandising – If your character is featured on products like toys, clothing, or books, trademarking it will prevent unauthorised use by others. This is especially important for creators who rely on merchandise sales for revenue, as the success of the character directly impacts sales.
- Brand Identity – Characters that represent your business or products, like company mascots or logos, should be trademarked to ensure they are exclusively tied to your brand. Whether you’re a large corporation or a small business with a unique character logo, trademark registration helps protect your creative property.
- Entertainment and Media – If your character appears in media such as TV shows, films, or online content, registering it as a trademark can protect your rights in other areas like merchandising and licensing. For example, a character in a children’s book series or webcomic could be trademarked if used to promote related services or products.
- Artist Avatars and Personas – Artists, musicians, and influencers who create distinct personas can trademark their avatars or characters if they are used in commerce. For instance, an artist who sells merchandise featuring their stage persona or an influencer with a popular animated avatar can trademark these elements to stop others from using them without permission.
Steps to Trademark a Character
- Determine the Class of Goods or Services – Trademarking a character requires identifying the types of goods or services it will represent. For example, if your character appears on toys or clothing, you will need to file in the appropriate class for those goods.
- Conduct a Trademark Search – Before filing, it’s important to conduct a thorough search to ensure no other trademarks are already registered for similar characters in the same class of goods or services. This step can save you from potential legal disputes later.
- File Your Application – Once you’ve confirmed your character is eligible for trademark registration, you can file your application with the appropriate intellectual property office, such as IP Australia.
The Importance of Trademarking Early
Registering a trademark for your character early in its commercial life is crucial. As your character grows in popularity, it becomes vulnerable to unauthorised use. Trademark registration provides the legal backing to protect your creative work and stop others from profiting from it.
How Markport™ Can Help
At Markport™, we specialise in trademark protection and design services tailored for small and medium-sized businesses. If you’ve created a character or persona that represents your brand, we can guide you through the trademark registration process and ensure your intellectual property is secure. From conducting a trademark search to filing your application, our experienced team is here to help.
Protect your characters, protect your brand—contact Markport™ today for expert trademark services designed to suit your business.
By securing your characters with a trademark, you’re not just protecting your intellectual property—you’re investing in the future of your brand. Let us help you safeguard what you’ve worked so hard to create.
Ask us about trademarking your characters and level up your brand today.