Can You Trademark a Fictional Character’s Name?

The Surprising Answer

Yes, you can indeed trademark a fictional character's name, despite the common misconceptions. It’s surprising to learn that a substantial number of fictional character names have been trademarked, even in cases where one might have initially thought it unlikely. For example, well-known names like Harry Potter, James Bond, and Snow White are all registered trademarks with the U.S. Patent and Trademark Office (USPTO).

Dispelling Myths and Misunderstandings

Many believe that trademarking a fictional character's name is an expensive and difficult process, often only accessible to major film companies. While it can be costly and complex, numerous fictional characters have been trademarked over the years, including those from beloved literary works and beloved films.

One significant example is the character Harry Potter. Notably, the name was not trademarked until the release of the movie franchise, highlighting that even undercurrents of popular culture can yield protected legal rights, albeit in varying timelines.

Understanding the Process

Successfully trademarking a fictional character’s name depends on several key factors, including:

Eligibility: The name must be unique and not commonly used to describe the category of goods or services in question. For instance, you couldn't trademark the word "apple" for fruit, but for consumer electronics or any other unrelated goods. Registration: The process involves submitting an application to the USPTO, which evaluates the application against existing trademarks to ensure there is no overlap or confusion. Caselaw: There is a body of caselaw that supports the registration of fictional character names. Courts have ruled that even names derived from fictional characters can be protected, provided they do not mislead consumers.

The Importance of Identifying Unlikely Trademarkable Names

Trademarks can be valuable assets, especially for fictional characters that become commercial trademarks. By understanding the process, creators and artistes can better protect their intellectual property and ensure long-term commercial success. Here are some steps to consider:

Legal Review: Before proceeding, it’s essential to consult with a legal expert who specializes in trademarks to ensure the name is suitable for registration. Thorough Search: Perform a comprehensive search to check whether the name is already in use or in the process of being registered. This helps avoid conflicts and costly legal disputes later. Category Selection: Identify the appropriate category of goods or services. For instance, a comic book character might be registered for publishing services, while a character from a video game would apply for digital entertainment. Monitoring: Once the trademark is registered, continuously monitor it to ensure it remains valid and to take action against any infringing uses.

Conclusion

In conclusion, the idea that you can trademark a fictional character's name is both feasible and notable. While there are challenges, cases like Harry Potter demonstrate that fictional character names can and have been successfully protected under trademark law. Understanding the process and maintaining vigilance can help ensure that these beloved characters are safeguarded for future generations.

Whether you're a filmmaker, author, or creator looking to protect your intellectual property, it's worth exploring the potential for trademarking your fictional characters. With the right guidance and actions, you can lay a strong foundation for safeguarding these important assets.