BATTLE ®
for trademarks services

Business names v trademarks

A good trademark is worth safeguarding.

A registered trademark can be worth a goldmine.

Copyright v trademarks

A registered trademark can last forever.

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 andcontrol a producer holds in negotiating royalties and other rights.

So you are writing a book, or are producing a film or television programme. The characters and 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, protect it.

So how do you protect a book title, film title, tv show or cartoon character?

By getting 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 accross 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.

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.

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. Our customers use us as 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.

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 website, 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.

The power of registered trademarks is well recognised by large scale businesses - but you don't have to be that large to start protecting your business - because our packages and prices are attractive for all ranges of business, large, medium and small.

Registered trademarks help to

• 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 tradmark "BATTLE OF THE POOHS" case, which is briefly outlined pooh trademark case page.

Battle For Trademarks gives supportive trademarks services - for registered trademarks We are proud of our trademarks service record. BATTLE aims to provide customers with high quality trademark services.