Discussion:
Indiana.
Here are some more questions about publishing editorial cartoons...
I want to try to get some of my editorial cartoons published. How do I check to see whether the name that I've chosen for this cartoon has already been taken by someone else? I guess by "taken," I mean copyrighted.
Also, should I be trying to copyright the name of my cartoon? If so, is there any easy way to do that?
Answer:
You can't copyright a name or title -- you are thinking about trademark protections.
You can search registered trademarks at .
Also, should I be trying to copyright the name of my cartoon? If so, is there any easy way to do that? There are two ways to obtain trademark protection -- the first is to simply use the name in a consistant manner, in which case over time you will essentially have a common-law trademark which you will be able to protect. The more adviseable way, however, is to file an application for registration with the USPTO. This requires some time and expense, but you will then have a registered trademark, which has many more protections associated with it. You can obtain a registered trademark on your own, but you have to be willing to do some research and legwork; many trademrk holders use attorneys to register their trademarks for them.
You can also register your trademark in your state (in some states) -- this may give you more protection than a common-law trademark, at least within that particular state, but it is nowhere near as solid as a federally registered trademark.
Answer:
Thank you. I really appreciate it.