Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[icecream]

We have several illustrations (cartoon cows) that have been registered . We would like to take these illustrations and alter them so that the cows are doing different things. ie: changing the position of the cows hands to hold a sign etc.

When we do this can we still use the "circle R" next to the cow. If not are we putting our brand in any danger by changing the legally registered image.

An example where you see this done all the time is Cap'n Crunch on cereal boxes. He is doing something different every time I see the box. I can't imagine they register the image every time.

[CriterionD]

There are two issues at stake - copyright law and trademark law

As far as copyright law is concerned, you may be in the clear if you are not copying the drawings directly, but the changes to the original illustrations do have to be significant enough so that the images are not considered "derivatives" of the original drawings....which doesn't necessarily mean a whole lot.  If the cow is an established "graphical character," like Captain Crunch, then this could be a little bit more complicated, and the following link may be helpful -
http://www.publaw.com/graphical.html

As far as trademark law is concerned, your answer depends on alternate factors.  The following thread may be helpful - http://www.intelproplaw.com/Forum/Forum.cgi?board=trademark;action=display;num=1141412382

Also, this question should be more a matter of should you seek to register the trademark with the USPTO.  Putting the "R" next to a logo or phrase simply indicates that the logo or phrase is a registered trademark.  If you were to use the "R" without registering the trademark, that would be false advertisement under any circumstance

If you remain confused at all you may benefit from contacting one of the attorneys on this board.

[JSonnabend]

Contrary to CriterionD's conclusory statements, placing a circle-R next to an unregistered mark is not per se false advertising, and likely would never be deemed to be so.  You can lose future rights to a registration for the mark, but only if you used the circle-r in bad faith, not mistakenly.

As for the copyright issue, if I understand correctly, you want to change your own mark.  In that case, provided you have proper ownership and/or rights to the artistic work, you can create derivatives without facing copyright issues.

Finally, your registration covers only the mark as registered.  If you begin using a different mark, that mark won't be directly covered by the registration, but may be covered by the "penumbra" of the registration.  If you abandon use of the registered mark, though, the registration might be abandoned, and you'd have no protection for the new mark by virtue of the registration.

I agree with CriterionD's suggestion that you speak to a qualified attorney about your issues, and I'll add one further thought: you should ignore "advice" from non-attorneys who have no idea about which they speak.

- Jeff

[CriterionD]

I'll add one further thought: you should ignore "advice" from non-attorneys who have no idea about which they speak.

Agree with you in this instance.  The original question seems fairly clear and yet I misread it.  Careless on my behalf