Can You Trademark A Mascot?

A mascot can be a trademark, as long as it is used to promote or sell products or services to the public. This adds credibility and attracts potential investors or partners. Trademarking your mascot acts as a deterrent to others who might consider using a similar mascot. When other businesses see that a mascot or character is being used as an indicator of origin for goods or services (entertainment), they can register the design/look of the mascot.

To secure a trademark for a mascot, you must have sole ownership of the character and its associated merchandise. This can include toys, food, sports mascots, clothing, logos, or product packaging. The name and likeness of a fictional character can also be registered as a trademark if it is being used as a trademark. Distinctiveness is the foremost criteria for any mark to be registered as a trademark.

Mascots and advertising characters, like names, logos, fonts, and even colors, can be protected by federal trademark and copyright. To be eligible for trademark protection, the brand character/mascot must be used to promote products or services (the purpose of trademark law is to identify the source of goods or services). If the character is unique and promotes your brand, trademark law can provide nationwide rights.

Names have trademark protection, not copyright, which prevents all reuse. The University of Notre Dame has exclusive rights to its name, trademarks, songs, mottos, and mascots, and prohibits their unauthorized use. Team names (pro, college, or high school) can be owned as registered trademarks for use on a variety of products.

Are school mascots copyrighted?

School logos, mascots, and taglines are often intellectual property protected by trademarks and copyrights. The demand for college athletic attire and accessories is high, and universities often have copyrighted and trademarked logos or names. Selling products with college logos may be legal with licenses from the schools you plan to promote. This FindLaw article discusses the copyrights and trademark rights concerns of selling items with college logos.

Can you trademark a mascot?

Wendy’s, Pillsbury, Arm and Hammer, and Disney all have trademarked advertising characters, which are intangible elements used to distinguish one brand from others. These characters, like names, logos, fonts, and colors, can be protected by federal trademark and copyright. The best way to get granted a trademark for a mascot or advertising character is if it is unique, belongs to you, and can only be identified with your brand, product, or service.

To ensure that you get granted a trademark for a mascot or advertising character, create a unique character that distinguishes your product from others. This can be done using a human or animal, as long as it cannot be confused with someone else’s character or a real person not affiliated with your business. Ensure that you own the character outright, and discuss the pros and cons of sharing ownership with someone else.

Don’t borrow images from the internet or use free art that is otherwise freely available. Accidentally copying another’s protected work can happen when an artist is inspired by something they find or uses copyright-protected photographs or graphics. Trademark your character sooner rather than later, as the first to use or constructively use a trademark by filing an application is usually the owner of the rights in the trademark.

Work with a trademark lawyer who has knowledge and experience with trademark applications and dealing with the United States Patent and Trademark Office for the best results. Contact 888-666-0062 to schedule a consultation with our trademark attorneys about your ideas for a company mascot and how to move forward.

What terms Cannot be trademarked?

Trademark eligibility is a complex topic, with only business and product names being eligible. However, it is essential for creators and organizations to understand what Intellectual Property (IP) can be protected with a trademark to promote and defend their brand identity. Descriptiveness or lack of distinctiveness refers to terms that describe items as they are, while marks that fail to indicate a particular commercial enterprise to consumers will not be registered.

Are mascots public domain?

Mickey Mouse, Disney’s iconic mascot, has been made part of the public domain in early 2024. This change allows anyone to use his original appearance from Steamboat Willie in new works. The public domain offers new lives to iconic fictional stories and characters, allowing different interpretations to exist simultaneously. For instance, Robert Downey Jr. played Sherlock Holmes for Warner Brothers, while Benedict Cumberbatch played the same character for the BBC. Businesses like Robinhood, Dracula Technologies, and Sherlock Holmes Pubs use recognizable characters in the public domain to create familiarity with their audiences.

Can a mascot be a logo?

Mascot logos are often exaggerated and simple shapes used to convey the personality of a brand or team. However, they must be legible, simplified, and unique, often including the full team or business name. The design should evoke a specific feeling and communicate the character’s personality. Other logo designers have created intriguing e-sports logos, bold team logos for sports, approachable and adorable mascot designs for businesses, and a classic eagle mascot design.

Mascots should be enjoyable to design due to their exaggerated personalities and proportions. To bring your business or team to life, try using Adobe Illustrator and explore different approaches to mascot logo design.

What Cannot be trademarked?

The United States Patent and Trademark Office (USPTO) has strict rules regarding what can and cannot be registered as trademarks. Deceptive words, names, phrases, and slogans, merely descriptive words, merely decorative features, generic terms and phrases, proper names or likenesses, disparaging words, names, phrases, and government flags are not eligible for trademark protection.

Company names, product names, logos, and phrases are prime candidates for trademark protection. However, creative works and inventions are not eligible for trademark protection, as they are protected by copyrights and patents. Descriptive terms and generic terms like “car wash” or “dry cleaning” cannot be trademarks as they do not distinguish a company or its products in the marketplace.

To register a trademark, applicants must submit an application to the USPTO.

Are sports mascots trademarked?

Famous mascot trademarks are used by sports teams and big brands to protect their names and imagery from competitors and capitalize on future marketing opportunities. Examples include Mickey Mouse by Walt Disney, Tony the Tiger by Kellogg’s, Kool-Aid Man by Kool-Aid, Mr. Peanut by Planters Peanuts, Mr Clean by Procter and Gamble, Sir Charms by General Mills Lucky Charms Cereal, Michelin Man by Michelin, Captain Morgan by Captain Morgan Rum Company, and The Jolly Green Giant by Green Giant Company. The trademark application process involves a thorough trademark search to ensure the mascot design does not infringe on existing marks and is distinctive enough for protection.

What counts as copyright infringement on logos?

Logo copyright infringement occurs when a registered intellectual property logo is used without the owner’s permission. Copyright law protects the logo as an artistic work, and if someone uses an important component of your logo, you may be legally pursuing them for infringement. Unauthorized use, reproduction, and modification are all types of infringement. Being aware of these types of infringement helps identify if your logos have been misused, stolen, or improperly modified. This knowledge can help you promptly address any potential logo copyright infringement, ultimately protecting your brand.

How do you brand a mascot?

To create a memorable brand mascot, consider the following tips: 1) Introduce gameplay with pixelated characters, 2) Add depth to bring the mascot to life, 3) Exaggerate features to make mascots memorable, 4) Color it unusual, 6) Avoid an animal already chosen as a mascot, 7) Name it smartly, and 8) Decide on a personality. Character designers are constantly striving for uniqueness and inspiration from various sources. Modern mascots should be memorable, recognizable, and original, and if they are a brand logo, they should represent a consistent character.

Most mascots should be flexible, look good in every medium, and display emotions. The lively attribute of a top-of-the-line character design is essential, as designers often struggle to display emotions with simple mascots.

What logos can you use without permission?

Informational or descriptive fair use allows users to use someone else’s trademark without permission for informational purposes, such as expressing an opinion, leaving a review, creating an informational piece, educating others about a brand, or describing their own products. This exception is based on the First Amendment of the United States Constitution, which allows freedom of speech rights to express opinions and provide information to others. Descriptive fair use allows using a trademarked name in a descriptive sense, but it must not be in reference to the mark and be done in good faith.

What Disney characters are not trademarked?

Mickey Mouse, Winnie-the-Pooh, Sherlock Holmes, and Robin Hood have entered the public domain, indicating potential legal action by Disney and Warner Bros. Companies like Disney and Warner Bros. are considering new creations based on iconic characters. Technology executive and AI expert Marva Bailer stated that these characters are now open creative elements that can be legally used or referenced without the original IP owner’s permission. Content creators and new media professionals can now monetize these entertainment symbols using marketing, creative, and social media tools.