Protecting Characters? Use Design Rights and Trademarks, Not Patents

In today’s business environment, characters play a significant role as valuable assets representing brands. However, many entrepreneurs are often confused about how to properly protect these characters. The term "character patent" is commonly misunderstood, as patents are not the most suitable method for protecting characters. Instead, design rights and trademarks offer more effective legal protection. These two tools can safeguard characters from unauthorized copying or imitation. In this article, we will explore how design rights and trademarks can protect characters and drive business success.

Why Design Rights and Trademarks, Not Patents?

While many people think of patents when it comes to protecting a character, in reality, design rights and trademarks are far more effective for this purpose.

• Design rights protect the visual aspects of a character, such as its appearance and design. This ensures that the character's unique look is legally protected from replication or imitation.
• Trademarks protect the character when it is used commercially in connection with specific goods or services. If the character becomes part of a brand, trademark registration secures the exclusive rights to use it in the marketplace.

Basics of Character Protection: Design Rights and Trademarks

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Design rights focus on safeguarding the visual elements of a character, such as its appearance and distinct features. This legal tool ensures that the character is visually distinguishable from others and protects the creator's rights. Given the artistic and unique nature of character designs, registering the design is essential for protecting the character. For example, popular emoji sets from companies like Kakao and LINE, or characters from webtoons, are often protected under design rights to facilitate their commercialization.

Trademarks, on the other hand, protect characters when they are used in connection with specific goods or services. If a character becomes part of a brand and is used for commercial purposes, it can be protected by registering a trademark. This provides exclusive rights to use the character for marketing or product sales. Well-known characters like Pororo and Catch! Teenieping are protected through trademark registration, allowing their owners to control their commercial use.

Steps to Register Design Rights and Trademarks for Character Protection

1. Finalize the Character Design

To begin, the character must have a unique design. It should not be a copy of someone else's work and must incorporate original visual elements. Once the design is ready, it’s crucial to consult with a patent or trademark attorney to decide whether to proceed with a design registration, trademark registration, or both.

2. File for Design Registration

For design rights, the character must be confirmed as a new design before starting the registration process. Design rights grant the creator exclusive rights to the visual appearance of the character, preventing others from copying or imitating it.

3. File for Trademark Registration

If you plan to use the character commercially—whether as part of a brand or associated with specific products or services—filing for trademark registration is necessary. This ensures legal protection when the character is used for marketing or sales purposes, safeguarding the character's commercial identity.

Business Benefits of Protecting Characters

• Exclusive Usage Rights: By registering design rights and trademarks, businesses can legally prevent competitors or other parties from using the character.
• Increased Brand Recognition and Loyalty: A unique character can help a brand resonate with consumers and foster stronger brand loyalty.
• Licensing and Revenue Generation: A protected character can be licensed to other companies, creating additional revenue streams.
• Legal Protection in Disputes: Legal protection ensures that the character owner has an advantage in disputes involving unauthorized use or infringement.

Protecting Characters with Design Rights and Trademarks

Characters are a powerful asset for any brand, and properly safeguarding them is essential for business success. Rather than relying on patents, using design rights and trademarks is a more appropriate and effective way to protect both the visual and commercial aspects of a character. By doing so, businesses can ensure that their characters are legally secure and remain valuable assets in their brand strategy.

If you are looking to protect a character for your brand, consider consulting with legal professionals to guide you through the design and trademark registration processes, ensuring comprehensive protection for your valuable intellectual property.