Patent Attorney and Founder
JD: Hello, I have my own LLC and I’m looking to start working on a product I’d like to sell. It’s the kind of product that could spin off into things like video content, toys, board games, etc. I have a name and a logo that I’d like to protect but I’m unsure what my first steps should be. I assume I can’t really copyright individual people or characters related to this project as well. I’m open to any kind of feedback.
JD: Okay, well, there’s a bit to unpack here. Matt, do you want to take this one?
Matt: Sure. Let’s address the copyright question first. Copyrights protect works of art, and you asked about protecting characters in your project. You can potentially do that under U.S. copyright law. It’s not easy, but if you have a sufficiently delineated character in a book, show, or similar medium, you could own that character for copyright purposes. It’s possible but unlikely unless it’s a well-known character.
Matt: Regarding trademarks, it would be interesting to talk about what exactly you’re looking to register. You mentioned several different categories at the USPTO, like toys and board games (Class 28) and possibly mobile applications (Class 9). You definitely want to do your due diligence before moving to market and spending tens of thousands of dollars on marketing and packaging. I recommend talking to a trademark attorney.