Copyright/trademark in catoon charecters

panchajanya borthakur (Querist) 03 May 2012 This query is : Resolved
We want to use one cartoon character for our business purposes.. The character is new and created by us.. can we get copyright and Trademark for the above character??

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R.K Nanda (Expert) 03 May 2012
Yes, you can get it.

Raj Kumar Makkad (Expert) 03 May 2012
You can get subject to permission of registry.

Nagaraja B S (Expert) 04 May 2012

Dear Panchajanya,

First of all, cartoon character should be applied to TM office for search and get a clearance certificate. Later, copyright can be obtained..

If you have kept any name, trademark can be obtained for the same & at the same time cartoon character can be applied..

Feel free to contact me, if you need further details..

Regards,
Nagaraj
Corporate, Commercial & IP Lawyer
IP Lex Global Services
Email: nagaraja_bs@iplexglobal.in
www.iplexglobal.in

Anil Kulkarni (Expert) 04 May 2012
Dear Panchanjanya,
If the cartoon you have created is original the copyright has accrued to you if you are the first owner (Either author or the person caused to create the character through contract.) Registration of the same is advisable but not mandatory for enforcing copyright.
If you want to use it as trademark it should be for any good or services and for which you will have to apply for registration of TM. It is advisable to use the services of a TM agent for the same.