Film trademarks
Registering trademarks helps to control licensing and merchandising rights. A sector where trademarks have been useful is in the field of film trademarks.
Royalties from merchandising - Character trademarks
Disney knows a lot about trademarks. That is why they bought the trademark rights to Winnie The pooh. Winnie the pooh started off life as a character in a book by A.A. Milne. It is now one of the best revenue generating characters for Disney.
Royalties generated from film can extend to a wide range of goods or services. Even character names can be highly valuable. Ask Disney about Mickey Mouse or Donald Duck. They are registered trademarks, and use of the trademarks not only protects the character names for films, but also for spin-off merchandise.
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"... very capable ..."
T. McCullagh, Managing Director, Southside People
Building reputation in trademarks
Trademarks can be used by organisations to build identity, convey a reputation, and to develop goodwill over time.
A consumer buys your reputation, honesty and integrity in a trademark.
Organisations seek to develop a trademark into something a consumer can trust.
Owning a registered trademark can be core to safeguarding the name. Registered trademarks can be important for position and power in a sector or in relation to certain goods or services. Our customers use registered trademarks to obtain greater security, safety and strength for their logos, names and brands. We assist customers with some of the pitfalls should they arise. See our page trademark agreements.
The best characters become registered trademarks
It is worthwhile to consider protecting intellectual property rights in film titles and characters. This applies to books, films, cartoons, and television shows.
The earlier the trademark is registered, the more power and control a producer holds in negotiating royalties and other rights.
Film or TV characters can become registered trademarks
So if you are writing a book, or are producing a film or television programme, you should consider securing the intellectual property rights. The characters or the title may be valuable, if the book or film takes off.
James Bond and 007 come to mind as film titles and characters that gained widespread market value, originating from books written by Ian Fleming. Other current examples include the Simpsons, Bart Simpson, Harry Potter, Batman, Winnie the Pooh and Thomas The Tank Engine. Older examples include the Turtles, Elvis Presley, and the Wombles.
Often, the main characters can be worth even more than the film title itself. There are opportunities for: -
- protecting the film title or main character names,
- protecting the territories involved, and
- protecting the goods/services that could be marketed.
- So, to retain more control over the rights, protect it as early as possible.
Cartoon name trademarks
So how do you protect a book title, film title, tv show or cartoon character?
By applying to get your book, film, television or cartoon names or characters registered as a registered trademark.
A film title, book name, cartoon name or character that has been registered as a registered trademark then can be protected just like personal property, because film registered trademarks registration bring special rights to protect registered trademarks. Not only is the film trademark protected legally like property, it can cover a much wider territory than your business premises. Film title registered trademarks extend across a whole country, and, indeed, can cover several countries for the goods and services registered.
Once your film trademark is registered, monopoly rights attach to registered trademarks for the country(ies) and the selected goods/services involved.
By registering your film or tv character, brand or logo, you get an exclusive right to use the registered trademark - granted by the country for which you obtain registration - for the goods/services in the classifications chosen. Once registered, you can renew the film registered trademark indefinitely, every ten years.
... trademarks case of Elvis
An interesting example of the power of holding a registered trademark occurs in the case of Elvis Presley Enterprises. Sir David Shaw traded under the name "ELVISLY YOURS", for which he owned a registered trademark in the UK. Elvis Presley Enterprises applied to register three trademarks - "ELVIS A PRESLEY" in a signature format, "ELVIS" and "ELVIS PRESLEY" for similar goods/services to the earlier registration. Sir David Shaw opposed the registration of the three marks. Issues arose as to the distinctiveness of the applications, the fame of Elvis did not identify the goods with any particular proprietor -
only a particular subject matter, namely Elvis Presley, and the low stylised writing of Elvis's name. Sir David Shaws opposition was successful, and his prior registered trademark held priority.
Copyright v registered trademarks
Interestingly, from a legal point of view, there is no copyright inherent in a name. The main way to protect a name is by trademark registration. Trademark registration is very different from business name registration. Trademark registration is much more powerful. Business name registration does not convey any significant rights or protection.
It can be very worthwhile to protect your film title, characters and brands, through registration as trademarks, since this can add a lot more value to your business. Customers use trademark agents and trademark attorneys to obtain formal registration of their brands, trademarks and logos in Ireland, and for other countries where they intend to use them. Once the brand, trademark or logo is registered by the country, the registered trade mark can be like a building or property belonging to your business for the goods/services specified.
... trademarks licensing
A film or cartoon registered trademark can be licensed, transferred, assigned, conveyed, bought or sold. The rights you can grant to users of registered trademarks can be limited or non-exclusive. Usually such rights are conveyed through intellectual property license agreements. The film trademark license rights can be limited to certain territories or countries, and also limited to particular goods/services.
When your film trademark, brand or logo is registered you can use the distinctive "R" in a circle on your web site, on your packaging, and other promotional material.
Registered trade marks can distinguish and differentiate your products from your competitors.
After registration, your registered trademarks can make your business appear more valuable to an investor.
You can license the use of goods with your registered trade mark -
you can also licence the use of your registered trademark - even between subsidiaries, and charge royalties or licence fees for them.
In Ireland, transfers of registered trademarks are currently exempt from stamp duty.
Registered trade marks can build a barrier to entry to certain other competitors. This can make your business even more valuable, and help you hold a monopoly position with your registered brand.
Power of registered trademarks
The power of registered trademarks is well recognised by large scale organizations - but you don't have to be that large to start protecting your name or film title - because our packages and prices are attractive for all ranges of business, large, medium and small.
Holding a registered trademark at an early stage of a film launch or fund raising can assist in ensuring counterfeiters cannot piggy-back on the success of a film or a character, provided they have been registered as trademarks appropriately. The trademark laws are designed to support entrepreneurs in safeguarding their brands, once they have been registered.
Registered trademarks can assist
- to show your confidence in the film or book title, or in the prospects for successful merchandising,
- your negotiations in terms of any royalties or interest in distribution rights,
- give you power in holding secure title to the film trademark,
- strengthen your ability to stop infringement of your good name,
- convert trademarks and trade names into registered title like property,
- increase your ability to negotiate royalty income,
- help you control expansion of markets,
- build monopoly positions in the names.
Because trademark registration is territorial and covers a whole country - the property right you obtain is substantially wider in scope and scale than the premises you operate from. This "gain in reach" from a registered trademark can be very valuable. Particularly if you intend to broadcast a television show, a film, or a cartoon production.
The importance of proper trademark protection for film, book and tv names is evident from the story of the trademark "BATTLE OF THE POOHS" case, which is briefly outlined pooh trademark case page.
More Battle trademark services
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Battle advises organizations, solicitors, and accountants' clients on a range of matters concerning trademarks. Click here to see more Battle trademark services for our range of other trademark services.