Copyright and trademark

[DECorarator41]

Hi,
I Have Created 5 sets of cartoon characters(35 in total) and i have a storyline with images also.i have copyrighted them with the us copyright office.should i also trademark them and can they be trademarked in one application or do i have to trademark them individually.each set of characters has a different group name aswell as their individual names,so one group has its name(for example "The crazy kids") and each character has their own individual name.your advice would be greatly appreciated,
Regards rob

 

[quincy]

Hi,
I Have Created 5 sets of cartoon characters(35 in total) and i have a storyline with images also.i have copyrighted them with the us copyright office.should i also trademark them and can they be trademarked in one application or do i have to trademark them individually.each set of characters has a different group name aswell as their individual names,so one group has its name(for example "The crazy kids") and each character has their own individual name.your advice would be greatly appreciated,
Regards rob

A trademark is a distinctive word, slogan, logo, phrase, symbol, etc.,
that is used to identify the source of goods or services and distinguish the goods or services from those of all others.

Trademark rights are gained through the use of the mark in commerce. A trademark does not have to be federally registered. In the US, the first to use a mark as an identifier for goods or services is the presumed owner of the trademark.

Copyright law protects original and creative works, like your stories and character images.

Characters and character names can be used as trademarks to identify or promote products you are selling (e.g., Tony the Tiger for Kellogg's Frosted Flakes). Book or comic series can have a title that is used as a trademark to identify the entire series (e.g., Lemony Snickett's "Series of Unfortunate Events").

But I am not seeing from what you are describing any reason for you to register a trademark. The copyrights protect your text and images from use by others.

If you want to market your works under a common name, you can find a name under which you want to operate and register that, however.

 

[DECorarator41]

Thanks for the prompt response,i wasnt sure what was the best way to protect them.thats great.i have a name and logo that i want to operate them under and register.doi need to register the name and logo in yhe us trademark office?

 

[quincy]

Thanks for the prompt response,i wasnt sure what was the best way to protect them.thats great.i have a name and logo that i want to operate them under and register.doi need to register the name and logo in yhe us trademark office?

Registration of trademarks is not necessary in the U.S. It is the use of the trademark (name, logo, slogan ...) in commerce as an identifier for your goods/services that gives you the rights to the trademark.

That said, federal registration of the mark puts the country on notice that the mark is in use and should not be infringed.

Here is a link to the United States Patent and Trademark Office (USPTO) website where you can find additional information: https://www.uspto.gov

 

[DECorarator41]

Thats great,thanks for all your help,
Regards rob

 

[quincy]

Thats great,thanks for all your help,
Regards rob

You're welcome, Rob. I appreciate the thanks.

I wish you success with your cartoons.

 

[DECorarator41]

Thanks quincy,
Fingers crossed,i will keep in touch and let you know how things go,
Thanks again
Rob

 

[quincy]

Thanks quincy,
Fingers crossed,i will keep in touch and let you know how things go,
Thanks again
Rob

I will be interested in hearing updates. Thanks.

Good luck.