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To register a character as a trademark, an application, a picture of the design, an example of use, and a fee may be required. The character must identify a specific good or service and proof of use or intent to use must be provided. The application requires information about the applicant and may require a sample image. The character must also arouse thoughts about a specific source of commerce. Proof of use or intent to use must be provided, and if the character remains unused for six months after the grant notice, the mark will not be released.
A person can register a character by completing an application and following the instructions of the trademark office. An application, a picture of the character design, an example of how the character is used, and a fee may be required to complete the process. Before filling out an application, anyone wishing to brand a character should ensure that the character identifies a specific good or service. Additionally, you should be able to provide proof that the character is in use or submit a statement that you intend to use it. Depending on the rules of the trade mark office in question, materials may be submitted online, brought in person or mailed.
The trade mark application requires information such as the name(s) and address of the party applying for registration. The individual can be an individual, a company, a property or some other party. The application will also often ask for other information such as how the character is being used. A fee may also be required.
As part of the application process, a person wishing to register a character may need to provide a sample image. If the application is submitted online, the trademark office can request the submission of the drawing in .jpeg format. The United States Patent and Trademark Office (USPTO) recognizes two types of designs: standard and stylized. The standard designs are text in Roman script, numerals in Roman or Arabic script, together with any punctuation and regular accents or other phonetic marks. A stylized design is any special font, font size, design, or other unique content.
Before a person can brand a character, they usually must establish that the character identifies a specific source of commerce, such as a good or service. It is not enough that the character exists; she must arouse thoughts about a specific source in the general public. For example, a bald man with an earring cannot be registered on his own. Mr. Clean®, however, is a registered trademark of Procter and Gamble because it refers to a line of cleaning products.
As part of a character’s trademark application process, a person usually needs to show how the character is used. To do this, a person usually has to submit an example, such as a label with the font on it. An image of the font used, for example on a display, may also be accepted. A list of approved test methods is often found in the trademark application.
It may not be necessary to have the character in use when a person applies to brand a character. Instead of sending proof of how the character is being used, he can send a statement that he intends to use it. The trademark office can then issue a grant notice, but will not issue a trademark until the character is in use. If the typeface remains unused for six months after the grant notice, the mark will not be released.
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