1. CAN I GET TRADEMARK
PROTECTION FOR A
CARTOON CHARACTER?

2. INTRODUCTION
 Mickey Mouse, Superman, Bugs Bunny are more than
globally recognized images, these cartoon characters
have become highly profitable industries unto
themselves. Millions of dollars are made off the
commercialization of these and similar characters
appear on toys, clothing, lunch boxes, and literally
hundreds of other consumer products.
 Due to the enormous monetary value in the successful
promotion and exploitation of popular cartoon
characters, the people and companies who own those
characters protect the use of the characters vigorously.
Here comes the importance of trademark protection.

3. WHAT IS TRADE MARK?
 A trademark is basically a brand -- any
word, name, symbol, or device used in
commerce to identify and distinguish the
goods or services of one manufacturer
or provider from another and identify the
source of the goods or services.

4. TRADE MARK PROTECTION
 The key to trademark protection is that cartoon
characters are protectable only to the extent that they
are used to identify the source of certain products
and/or services. Identifying the source means that the
particular cartoon character (say for eg. superman) is
considered in the minds of the public as identifying a
particular source of the goods and/or services.
 The trademark protection can be availed for the
cartoon character’s name, physical appearance and
distinctive designs and perhaps other qualities. These
protections go to the extent to prevent the use of a mark
as a trademark in a manner that is likely to cause
confusion in the minds of the public as to the source.

5.  A person can get trademark protection for his cartoon
characters but this depends upon the relationship
between the usage of those cartoon characters in
commerce and in identifying the source of a particular
product. So what is this source?
 For example, a consumer would assume that a
product that has the image of Mickey Mouse
originated from or was authorized by the Disney
Company. Here the source identified for Mickey
Mouse is Disney Company. If an unauthorized entity
uses the image of Mickey Mouse on a product,
consumers may be confused as to the source of that
product, he may think (wrongfully) that the product
was affiliated with Disney and that would constitute
trademark infringement.

6. FUNCTIONS OF TRADE MARK
(1) identifying one's products (here the cartoon character)
by permitting the trademark owner to use a mark to
distinguish his/her products from those of another party,
(2) signifying that all products and services that carry the
mark come from one source( eg. Mickey Mouse from
Disney Company),
(3) signifying that all products and services that carry the
trademark have a standard quality level, and
(4)serving as the primary advertising and marketing
vehicle for selling the products and services that bear
the trademark.

7. CONCLUSION
 Therefore, while the creator is still admiring the
newly created graphic cartoon character,
he/she should recognize the scope of legal
protection available for these characters and
should do all that is necessary or financially
feasible to properly protect this potentially
valuable cartoon characters.