How to Get a Trademark for a Comic Book Superhero Character

How to Get a Trademark for a Comic Book Superhero Character
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So you've designed a superhero character armed to save the world with the greatest of ease. Before you let your superhero loose on the world, you will want to trademark your design. A trademark will protect the name and logo of your superhero, making it impossible for other designers to copy. However, you can only trademark your superhero design if you sell merchandise with the name and logo. If you do not sell merchandise, consider protecting your superhero with a copyright instead of a trademark.

Research online to ensure your character name and logo are original. Even names and logos that are similar may disqualify your design from a trademark. For example, if the name "Man of Steel" is trademarked, "Steel Man" is probably too similar to earn its own trademark.

Search the U.S. Patent and Trademark Office's Trademark Electronic Search System for similar logos. Conduct a second search for similar names.

Find the trademark application. You can apply for a state trademark if you sell your merchandise primarily in one state. If you sell merchandise with the name and logo in two or more states, apply for a federal trademark. You can find the application online at the U.S. Patent and Trademark Office.

Apply for a trademark. If you are filling out a federal application, apply for a trademark under class 16, which includes goods made from paper materials. In your application, include your contact information, exactly where the name and logo will appear, and information on your design.

Include a drawing of the name mark and logo with your application. Even if you are filing your application online, you must mail two copies of this design to the office.

Pay applicable filing fees for each trademark application using a credit or debit card, a check, or an electronic funds transfer.