Copyright? Trademark?

[SilentAlf]

Hi,

I was wondering that if i design my own cartoon character for printing onto t-shirts etc do i need to get copyright or put it under trademark?

i get confused between the 2 when they are needed.

many thanks,

[purpledragon]

Atrade mark can be applied to any of your items for example tesco is a trade mark but sells brands other than tesco brands a copyright protects your individual design so the harley davidson badge is copyright no matter how it is used. I believe you can pay to have your designs copyright or you could risk the poor mans copyright which would be design the design then seal it in an envelope and mail it to yourself via registered mail but do not open it unless it ends up with you taking someone to court alledigly you will be able to prove the design is yours because of the date stamp though there are differing views on if this method would hold up in court

[SilentAlf]

I have heard of the poor mans copright before. I think i will research on where i can get copyright done for my future designs

[smo]

I've not known of the "poor mans copyright" actually working and standing up in court, I think it falls under the old wives tale category but in essence it can do no harm.

There is of course the recent issue of the goverment giving away copyright to everthing in the public domain unless you register each and every item individually, the act talks of pictures so that could be photos, or indeed illustrations/designs etc. http://www.theregister.co.uk/2013/04/29 ... _landgrab/

[pisquee]

Putting the little TM symbol next to what you decide as being your trademark indicates to others that that is your trademark and in itself doesn't offer much protection. For you to legitimately have the ® symbol (which means registered trademark) you need to have had it registered (and paid the appropriate fee) for whichever territory you are wanting it protected in UK, Europe, World (each with differing and rising fees)

For copyright, you need to be able to prove that it is your design and creation - so having/owning the evidence of original sketches/design boards (signed and dated) would be a good start, and having them registered/submitted to a recognised 'design bank' and having someone behind you to back you in any protection issues would be a good idea too, if you're thinking of taking this to a big level.

I would recommend you have a look at ACID's website, get in touch with them, or visit them at a trade show - they're at most big design trade shows.

http://www.acid.uk.com/

[ASLCreative]

smo - copyright has recently stood up in court - http://www.bbc.co.uk/news/uk-england-norfolk-22573733

[smo]

smo - copyright has recently stood up in court - http://www.bbc.co.uk/news/uk-england-norfolk-22573733

My point wasnt copyright isnt upholdable, its the method in which its done. Button Moon was not defended on a self-posted piece of work relying on a post mark for proof!!!