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Re: Who obtains the TM?

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Posted by M. Arthur Auslander on July 29, 1999 at 04:51:56:

In Reply to: Who obtains the TM? posted by Linda on July 28, 1999 at 12:49:53:

: I have developed an idea for 2 characters. These characters will be used in books, toys,etc. As the creator of these characters, do I obtain the trademarks for toys, even though I do not intend to manufacture them, or does the mfr. to whom I will license the images get the TM? How can I protect my idea? Through registering copywrites? I don't want to expose my characters to the marketplace without some protection.Should I get some type of release when I pitch these characters? Will be most grateful for a reply.
You are walking in a mine field unless you know exactly what you are doing. Cauion and secrecy are the key. A combination of secrecy, copyright and trademark may be the way to go. Getting anyone to look in confidence usually is a problem. Most companies as for a waiver before they look, if they are willing to look. I call that "A Waiver Of The American Flag". You can spend lots of money doing the right thing and not make a buck.
M. Arthur Auslander
ELAINE's Workshop: Early Legal Advice Is Not Expensive (sm)
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com

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: : I have developed an idea for 2 characters. These characters will be used in books, toys,etc. As the creator of these characters, do I obtain the trademarks for toys, even though I do not intend to manufacture them, or does the mfr. to whom I will license the images get the TM? How can I protect my idea? Through registering copywrites? I don't want to expose my characters to the marketplace without some protection.Should I get some type of release when I pitch these characters? Will be most grateful for a reply. : You are walking in a mine field unless you know exactly what you are doing. Cauion and secrecy are the key. A combination of secrecy, copyright and trademark may be the way to go. Getting anyone to look in confidence usually is a problem. Most companies as for a waiver before they look, if they are willing to look. I call that "A Waiver Of The American Flag". You can spend lots of money doing the right thing and not make a buck. : M. Arthur Auslander : ELAINE's Workshop: Early Legal Advice Is Not Expensive (sm) : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com

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Re: Who obtains the TM?

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