Abstract

This academic paper examines protecting fictional characters using trademark law as a means to determine the viabilities of preventing their unique aspects and traits. The research focuses on the viability of conditions requiring a character’s recognition as a trademark, character trademarks benefit, and constraints of protecting one's identity via trademarks. It further addresses the worldwide approach towards protecting fictional characters' trademarks, and it specifically examines the United States, European Union, and India. The author contends that though trademark law is capable of safeguarding fictional characters, there exist limitations and nuances involved, especially in protecting their personality characteristics and moral qualities. The study concludes that a balanced approach has to be made in addressing the interests of creators, owners, and consumers in the case of fictional character protection.

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