Expert: Shannon Moore - 9/4/2008

Question
How does one copyright a comic strip character they have created?  

Answer
Dear Dan,

When it comes to characters, you have 2 options available -- copyrights and trademarks.

The copyright protects the image itself while the trademark protects the image in connection with the various goods/services being sold. For instance, Bugs Bunny is a copyrighted character as well as a trademarked character (http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=74413589)

You can file online at http://www.copyright.gov/register/ and the cost is $35 per application.

To register a trademark, that's done through the US Patent & Trademark Office for a Federal trademark.

If you conduct (OR are planning to conduct) business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.

Prior to investing your time, money & effort into a design, it is strongly advised that comprehensive research be conducted to ensure that the design you're interested in is truly available.

This entails searching the pending & registered Federal trademark design files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.

Hope that helps! I wish you much success & happiness in all your ventures!

Warmest regards,
Shannon Moore
http://www.tmexpress.com