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Copyright & Patents/Query regarding registartion of mascot under copyright


1) whether we can use the same mascot for many forms gesture expression. and do we have to register for each one of them or one suffice the purpose?

2) If we combine trademark and mascot, will it be considered as separate mark and do i have to register it separately?

3) Do we have to register mascot in different color we want or registering under black and white will be sufficient and cover all?

Your question is unclear as regards to "mascot".  Is the registration that you want a real animal or a cartoon caricature?  An example of a real animal would be the Budweiser Beer Clydesdales and an example of a cartoon caricature is the "Camel cigarette" camel.
If the mascot is a cartoon caricature that you have created, your rights are much stronger than in an animal that is naturally occurring.  Disney has trademarked "Mickey Mouse" and he need not register every position, gesture, and expression.  Black and white is fine.

Generally, trademarks (goods) and service marks (services) are used to identify the source of the goods or services, to establish goodwill among your customer base, and to distinguish yo for each class of productur goods or services from your competitors.  A trademark can be a name, a design, or a combination of a name and a design.

You will need to register your mark in every country that you are doing business, and will need to renew the marks periodically to prevent the marks from going abandoned.

Accordingly, the trademarks and service marks that you select are critical to the success of your company.  If you are legally forced to change your marks after they have already been established with your customer base, that can be devastating to any business.

It would be preferred that you select a strong word mark that no one else is using and is not confusingly similar to any competitor.  Once the word mark has been established, you can add pictures, drawings, caricatures, or whatever to that mark, and the combination will always be yours.

People starting up a company too often do not do their homework on selecting their trademarks and find themselves in legal trouble after a couple of years.

I suggest that if you have the resources, that you consult with an attorney about your specific business plan, products, target markets, countries, before you become too heavily invested.

I hope that this helps and good luck.

My best regards,

  --Gerald R. Black
    Attorney and Counselor

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Gerald R. Black


Intellectual Property Patents Global Patent Rights PCT Technology Transfer Copyrights Trademarks


Registered to practice before the U.S. Patent Office Admitted to Practice Law in Michigan, California, and Ohio

Capital University Law School - JD University of Cincinnati - BSME

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