Combining a generic word with a distinctive word to create a trademark
I am starting an information product business and thinking about combining a fictional character's name (from a famous Charles Dickens novel) with another word to brand the name of my new business.
1) Under trademark law, is it at all permissible to combine a fictional name with a word to form my business name (e.g. ''Tiny Tim's Toolhouse'')
2) I would also like to brand my information products by using the face/body of the fictional character or enhance the character's look for product logos -- is this also possible?
3) How do I get started if allowed to use both character name and face?
Thank you for your valuable legal advice!
Re: Combining a generic word with a distinctive word to create a trademark
All of my colleagues' advice is pertinent however it's obvious none have steeped themselves in Dickens' (my favorite author) work (well, maybe they have). All of Dickens' works, as are the illustrations within his original novels, have been in the public domain for many years. You can certainly use any of George Cruikshank's characters, for example, even if someone else has. Just don't use any adaptation by another as that may have copyright protection as to additional material.
To specifically answer your queries, without sounding like the Circumlocution Office, please note:
1. In the case of Dickens' characters, there are no restrictions subject, however, to prior use by another Dickensian devotee (or anyone else). For example, Bill Sykes Bytes is perfectly acceptable assuming no other party is using that or a confusingly similar name. If someone were using that name, using Bill Sykes Programmers might get a trademark office attorney concerned but you could probably convince them otherwise. This is not to say that all fictional names are fair game. Don't even think about James Bond Bytes or Indiana Jones Programmers.
2. So long as the character's depiction dates from the actual novels you're okay. Many versions of Dickens' work, however, have been adorned by contemporary illustrators and they (or their employers or assignees) will likely have exisitng copyright ownership in their work.
3. If by "get started" you mean registering the name and/or logo, see all of my colleagues' advice. Assured that your search has turned up no conflicting names or images, you would fill out the appropriate application at www.uspto.gov and you're on your way.
I stress and repeat prior advice that trademark law can be a minefield, the map of which can be provided by an experienced attorney. As that stupid TV show suggests, 'don't try this at home.' Spend the money and you won't be sorry. Remember Micawber's defining principle (with apologies) "Hire a good lawyer, result happiness. don't hire a lawyer, result misery."
You're welcome to call.
Re: Combining a generic word with a distinctive word to create a trademark
All of my colleagues' advice is pertinent however it's obvious none have steeped themselves in Dickens' (my favorite author) work (well, maybe they have). All of Dickens' works, as are the illustrations within his original novels, have been in the public domain for many years. You can certainly use any of George Cruikshank's characters, for example, even if someone else has. Just don't use any adaptation by another as that may have copyright protection as to additional material.
To specifically answer your queries, without sounding like the Circumlocution Office, please note:
1. In the case of Dickens' characters, there are no restrictions subject, however, to prior use by another Dickensian devotee (or anyone else). For example, Bill Sykes Bytes is perfectly acceptable assuming no other party is using that or a confusingly similar name. If someone were using that name, using Bill Sykes Programmers might get a trademark office attorney concerned but you could probably convince them otherwise. This is not to say that all fictional names are fair game. Don't even think about James Bond Bytes or Indiana Jones Programmers.
2. So long as the character's depiction dates from the actual novels you're okay. Many versions of Dickens' work, however, have been adorned by contemporary illustrators and they (or their employers or assignees) will likely have exisitng copyright ownership in their work.
3. If by "get started" you mean registering the name and/or logo, see all of my colleagues' advice. Assured that your search has turned up no conflicting names or images, you would fill out the appropriate application at www.uspto.gov and you're on your way.
I stress and repeat prior advice that trademark law can be a minefield, the map of which can be provided by an experienced attorney. As that stupid TV show suggests, 'don't try this at home.' Spend the money and you won't be sorry. Remember Micawber's defining principle (with apologies) "Hire a good lawyer, result happiness. don't hire a lawyer, result misery."
You're welcome to call.
Re: Combining a generic word with a distinctive word to create a trademark
All of my colleagues' advice is pertinent however it's obvious none have steeped themselves in Dickens' (my favorite author) work (well, maybe they have). All of Dickens' works, as are the illustrations within his original novels, have been in the public domain for many years. You can certainly use any of George Cruikshank's characters, for example, even if someone else has. Just don't use any adaptation by another as that may have copyright protection as to additional material.
To specifically answer your queries, without sounding like the Circumlocution Office, please note:
1. In the case of Dickens' characters, there are no restrictions subject, however, to prior use by another Dickensian devotee (or anyone else). For example, Bill Sykes Bytes is perfectly acceptable assuming no other party is using that or a confusingly similar name. If someone were using that name, using Bill Sykes Programmers might get a trademark office attorney concerned but you could probably convince them otherwise. This is not to say that all fictional names are fair game. Don't even think about James Bond Bytes or Indiana Jones Programmers.
2. So long as the character's depiction dates from the actual novels you're okay. Many versions of Dickens' work, however, have been adorned by contemporary illustrators and they (or their employers or assignees) will likely have exisitng copyright ownership in their work.
3. If by "get started" you mean registering the name and/or logo, see all of my colleagues' advice. Assured that your search has turned up no conflicting names or images, you would fill out the appropriate application at www.uspto.gov and you're on your way.
I stress and repeat prior advice that trademark law can be a minefield, the map of which can be provided by an experienced attorney. As that stupid TV show suggests, 'don't try this at home.' Spend the money and you won't be sorry. Remember Micawber's defining principle (with apologies) "Hire a good lawyer, result happiness. don't hire a lawyer, result misery."
You're welcome to call.
Re: Combining a generic word with a distinctive word to create a trademark
All of my colleagues' advice is pertinent however it's obvious none have steeped themselves in Dickens' (my favorite author) work (well, maybe they have). All of Dickens' works, as are the illustrations within his original novels, have been in the public domain for many years. You can certainly use any of George Cruikshank's characters, for example, even if someone else has. Just don't use any adaptation by another as that may have copyright protection as to additional material.
To specifically answer your queries, without sounding like the Circumlocution Office, please note:
1. In the case of Dickens' characters, there are no restrictions subject, however, to prior use by another Dickensian devotee (or anyone else). For example, Bill Sykes Bytes is perfectly acceptable assuming no other party is using that or a confusingly similar name. If someone were using that name, using Bill Sykes Programmers might get a trademark office attorney concerned but you could probably convince them otherwise. This is not to say that all fictional names are fair game. Don't even think about James Bond Bytes or Indiana Jones Programmers.
2. So long as the character's depiction dates from the actual novels you're okay. Many versions of Dickens' work, however, have been adorned by contemporary illustrators and they (or their employers or assignees) will likely have exisitng copyright ownership in their work.
3. If by "get started" you mean registering the name and/or logo, see all of my colleagues' advice. Assured that your search has turned up no conflicting names or images, you would fill out the appropriate application at www.uspto.gov and you're on your way.
I stress and repeat prior advice that trademark law can be a minefield, the map of which can be provided by an experienced attorney. As that stupid TV show suggests, 'don't try this at home.' Spend the money and you won't be sorry. Remember Micawber's defining principle (with apologies) "Hire a good lawyer, result happiness. don't hire a lawyer, result misery."
You're welcome to call.
Re: Combining a generic word with a distinctive word to create a trademark
All of my colleagues' advice is pertinent however it's obvious none have steeped themselves in Dickens' (my favorite author) work (well, maybe they have). All of Dickens' works, as are the illustrations within his original novels, have been in the public domain for many years. You can certainly use any of George Cruikshank's characters, for example, even if someone else has. Just don't use any adaptation by another as that may have copyright protection as to additional material.
To specifically answer your queries, without sounding like the Circumlocution Office, please note:
1. In the case of Dickens' characters, there are no restrictions subject, however, to prior use by another Dickensian devotee (or anyone else). For example, Bill Sykes Bytes is perfectly acceptable assuming no other party is using that or a confusingly similar name. If someone were using that name, using Bill Sykes Programmers might get a trademark office attorney concerned but you could probably convince them otherwise. This is not to say that all fictional names are fair game. Don't even think about James Bond Bytes or Indiana Jones Programmers.
2. So long as the character's depiction dates from the actual novels you're okay. Many versions of Dickens' work, however, have been adorned by contemporary illustrators and they (or their employers or assignees) will likely have exisitng copyright ownership in their work.
3. If by "get started" you mean registering the name and/or logo, see all of my colleagues' advice. Assured that your search has turned up no conflicting names or images, you would fill out the appropriate application at www.uspto.gov and you're on your way.
I stress and repeat prior advice that trademark law can be a minefield, the map of which can be provided by an experienced attorney. As that stupid TV show suggests, 'don't try this at home.' Spend the money and you won't be sorry. Remember Micawber's defining principle (with apologies) "Hire a good lawyer, result happiness. don't hire a lawyer, result misery."
You're welcome to call.
Re: Combining a generic word with a distinctive word to create a trademark
All of my colleagues' advice is pertinent however it's obvious none have steeped themselves in Dickens' (my favorite author) work (well, maybe they have). All of Dickens' works, as are the illustrations within his original novels, have been in the public domain for many years. You can certainly use any of George Cruikshank's characters, for example, even if someone else has. Just don't use any adaptation by another as that may have copyright protection as to additional material.
To specifically answer your queries, without sounding like the Circumlocution Office, please note:
1. In the case of Dickens' characters, there are no restrictions subject, however, to prior use by another Dickensian devotee (or anyone else). For example, Bill Sykes Bytes is perfectly acceptable assuming no other party is using that or a confusingly similar name. If someone were using that name, using Bill Sykes Programmers might get a trademark office attorney concerned but you could probably convince them otherwise. This is not to say that all fictional names are fair game. Don't even think about James Bond Bytes or Indiana Jones Programmers.
2. So long as the character's depiction dates from the actual novels you're okay. Many versions of Dickens' work, however, have been adorned by contemporary illustrators and they (or their employers or assignees) will likely have exisitng copyright ownership in their work.
3. If by "get started" you mean registering the name and/or logo, see all of my colleagues' advice. Assured that your search has turned up no conflicting names or images, you would fill out the appropriate application at www.uspto.gov and you're on your way.
I stress and repeat prior advice that trademark law can be a minefield, the map of which can be provided by an experienced attorney. As that stupid TV show suggests, 'don't try this at home.' Spend the money and you won't be sorry. Remember Micawber's defining principle (with apologies) "Hire a good lawyer, result happiness. don't hire a lawyer, result misery."
You're welcome to call.
