Yes—you can trademark a character from your video game or comic book. But only if it identifies you as the source of a product or service.
Trademark law protects brand identity. So, if your character functions like a logo—helping consumers recognize your game, comic, or product—you may be eligible for a federal registration.
What Does It Mean to Trademark a Character?
You can trademark a character if it acts as a brand indicator, not just a cool drawing. The character must be used in trade in interstate commerce and signal that your company is the source of the goods or services.
Think of it like this: Does the character help buyers know who made or provided the item?
If yes, it may qualify for trademark protection.
Why Trademark Law Exists
Trademark law is about consumer protection. It ensures buyers know:
- Who made the product
- Where it came from
- Whether it meets their quality expectations
This is different from copyright and patent law. Those protect creative or technical work and give creators exclusive rights to profit from their inventions or artistic expressions.
But with trademarks, the focus is not on the creator—it’s on how the mark is used in the marketplace.
How to Use a Character as a Trademark
You must use your character in commerce and across state lines. It must connect clearly to a specific good or service.
Ask yourself:
- Does the character appear on the product packaging?
- Does it serve as a recognizable symbol of your brand?
- Would consumers associate that character with your company?
If not, a particular drawing or painting of your character may instead be something that would fall under US Copyright protection.
Example: Marvel Comics has trademark many characters because people recognize them as Marvel products—just like a logo.
What Product or Service Is the Character Linked To?
To trademark a character, you must register it in connection with specific goods or services. You can’t register a trademark for a character in a vacuum.
For example, Marvel has registered “Psylocke” under:
- Class 16 – Printed comic books
- Class 41 – Online, non-downloadable comic books
They’ve also registered characters like the Fantastic Four under:
- Class 9 – Digital media, apps, headphones, smartwatches, and more
Each registration is tied to clearly listed commercial products.
Name vs. Design: Word Mark or Design Mark?
You can register either:
- A Word Mark – The character’s name (e.g., “Psylocke” or “Fantastic Four”)
- A Design Mark – The visual image or look of the character
A word mark protects use of the name. A design mark protects the image—as long as that image acts like a logo.
For example, a swim mask with “Fantastic Four” printed on it might be protected under a word mark. But if it only shows Mr. Fantastic’s image, a design mark registration would be required.
What About “Ornamental Use”?
The USPTO may reject a trademark application if the character is used only for decoration.
For example, a drinking glass with Spider-Man’s face might be seen as decorative unless it’s clearly tied to Marvel’s brand of glassware. A t-shirt with the X-Men on the front of it is using those characters “ornamentally” only.
To qualify, the design must identify the source—not just look cool. The character must serve as a brand name.
How to Trademark a Character: First Steps
Protecting a character through trademark requires planning and legal know-how. Your first move should be to talk to an experienced trademark attorney.
Avoid DIY sites or non-attorney services that only file forms. They won’t:
- Give legal advice
- Conduct proper clearance searches
- Draft applications to avoid USPTO rejections
- Handle Office Action responses
- Monitor for infringement after registration
A skilled attorney maximizes your odds of success.
Work with a Michigan Trademark Attorney
At Noble Path Trademark Law, we help artists, game developers, publishers, and entrepreneurs register and protect their characters and brands.
We offer:
- Virtual consultations
- Responsive, premium legal service
- Full-service trademark protection
Whether you’re just starting or scaling your intellectual property portfolio, we’re ready to help. If you are an artist or comic book publisher, we would in particular love to assist you! Our attorney, John Hilla, is a comic book fan reaching back nearly to the Silver Age.
Ready to Trademark a Character?
Click the button below to schedule your trademark consultation and start protecting your character and brand today.