Can a fictional character that is out of copyright protection still have trademark protection? What uses of such a character are permitted or not permitted? Please provide a current real-world example.
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3Sure, why not? If you look in your local trademark registry, I'm sure you'll see some examples.– phoogAug 28 at 23:27
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The short answer is "yes" but an answer with support and examples will take longer to write.– ohwillekeAug 28 at 23:56
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2 Answers
Yes - I’m posting a screenshot of the USPTO TESS database after a search for “little tramp”, Charlie Chaplin’s character.
The two issued trademarks are now dead but they were issued.
Details of first trademark -
Yes
Some notable examples of characters not subject to copyright in at least some jurisdictions but active trademarks are:
Note that the works these particular representations of those characters are taken from may still be subject to copyright: Thor the character has no copyright; Thor that looks like Chris Hemsworth with the gear Chris war in the Marvel movies is subject to copyright.
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