Expert: Shannon Moore - 10/16/2009

Question
I was wondering how i could copyright a cartoon it's just a little character i made up but i think someone my be intrested in buying it or something.I wanted to get the word out about my cartoon but i thought it should be legally copyrighted because someone could steal my idea if i put it on a poster board or something.In the U.S.

Answer
Dear Liv,

You have two issues going on here; I'll explain both & that should have you pointed in the right direction.

COPYRIGHTS:

Copyrights can be obtained for things of an artistic nature. This includes, of course, poetry, films, sculptures, music, fiction, etc. But can also include things that may not necessarily seem "artistic" in the general sense of the word. Copyrights can also be obtained for advertising copy, games, software programs and blueprints, to name just a few. The cost is $35 each application.

http://www.copyright.gov/fls/fl115.html -- Visual Arts Flyer
http://www.copyright.gov/eco/ -- Electronic Filing

TRADEMARKS:

Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry.

Of course, it's necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party.

This entails searching the pending & registered Federal trademark files for a similar design. I realize you created this character yourself but you'll still want to make sure that no one else has a similar looking character.

A trademark would protect the design in connection with any goods/services you wish -- comics, DVDs, etc.

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

Warmest regards,
Shannon Moore
http://www.tmexpress.com
http://tmexpress.blogspot.com
@TradeMarkExpres - twitter