Trademarks aren’t limited to the words connected with a brand. Visual elements like logos, packaging, and unique shapes, like a Coca-Cola bottle, can be trademarks, too.
The Universal Monsters movies are protected by a slew of trademark and copyright registrations. Most of the images of the monsters are protected by copyright.
However, Universal also registered the appearance of the Wolfman character as a trademark (Reg. No. 1681501), for “entertainment services in the nature of individuals in costume who entertain at amusement parks.” They did the same for their version of Dracula (Reg. No 3529543), Frankenstein’s monster (Reg. No. 1705502), the Bride of Frankenstein (Reg. No. 1710492), and the Mummy (Reg. No. 3529544). Sadly, they let the registration for the Creature from the Black Lagoon for the same thing expire in 2016 (Reg. No. 1707310). For these registrations, since it’s for people in costume, the drawings are more of a “general gist” of the marks, and the examples of use just have to look pretty similar.
They also have applied just this summer to register the Wolfman (Serial Nos. 99299793, 99299795, and 99299792) and Dracula (Serial Nos. 99299788, 99299785, and 99299781) characters as trademarks for a host of foods and clothing.
I want to pause to note that one of the foods is “meat tenderizers for household purposes.”
The description of the Dracula image is “The mark consists of a male figure wearing a formal suit with a prominent, high-collared cape draped over his shoulders. He is standing with his arms slightly outstretched.”
For the Wolf Man, it’s “The mark consists of a male figure standing, facing forward with his arms slightly outstretched. His head and neck are covered in a dense, shaggy mane of dark fur. His hands, also covered in fur, end in claws. He is dressed in a long-sleeved shirt with two pockets on the chest, and loose-fitting pants.”
What does this mean for you? If you have a highly recognizable image associated with your brand, it doesn’t have to be a logo to be registered as a trademark. However, to get the maximum protection for it, you must register it as a design mark to protect its unique look from copycats. Your aesthetic is your asset!
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I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I'm an attorney in Champaign-Urbana, Illinois, and I serve intellectual property clients nationwide.
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