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Why Seek Trademark Protection for Movie Titles or Characters if Copyright Already Applies?

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In the entertainment industry, protecting creative assets isn’t just about legal rights—it’s about building a brand. While copyright automatically protects movies and characters as original works, it doesn’t always go far enough. That’s where trademarks step in.

What is the difference?

  • Copyright protects original works like films, scripts, and character development—typically lasting for the life of the author + 70 years (in the EU & US).

  • Trademark protects names, logos, or symbols that identify commercial origin—think movie titles, franchise names, or iconic characters. Trademarks can last forever if renewed.

Example: “Harry Potter” is protected both by copyright (as a book and film series) and by trademark (as a brand across merchandise, theme parks, and more).

Why register titles and characters as Trademarks?

  1. Avoid Consumer Confusion – Trademarks help audiences trust that a product or spin-off is official.
  2. Expand Commercial Rights – Trademarks allow licensing for merchandise, games, and partnerships beyond what copyright allows.
  3. Build Long-Term Value – Franchises like Frozen, Batman, or Star Wars are recognizable brands thanks to solid trademark strategies.

Fun Fact: Disney owns EU and U.S. trademarks for both “Elsa” and “Frozen”—protecting not just the movies, but toys, cruises, and even costumes.

Why Copyright alone is not enough?

  • Copyright doesn’t protect titles or short phrases (like “Rocky” or “The Matrix”)
  • Character names alone often lack copyright protection—unless they’re fully developed and expressive.

That’s why even major studios rely on dual protection—copyright for the content, trademark for the commercial identity.

Case Law

  • In Universal City Studios v. Nintendo (1984), Nintendo was sued over Donkey Kong allegedly infringing King Kong. The court sided with Nintendo, partly because “King Kong” lacked enforceable trademark rights at the time.
  • In Warner Bros. v. X One X Productions (2005), Warner successfully enforced its trademarks over character images from classic films, despite public domain claims over the films themselves.

For filmmakers and studios aiming to build franchises, merchandise lines, or spinoffs, trademark protection is not just complementary – it’s essential.

This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.

By Nathalie Biegel, Paralegal, ZMP 

ZMP at a Glance

Established in 1939 in Belgrade, Serbia, ZMP (Živko Mijatović & Partners) has become one of the most prominent IP law firms in Central and Eastern Europe. For more than 80 years, ZMP has been advising
and representing clients in the areas of intellectual property ranging from patent strategy and IP litigation to copyright, design, trademark, trade secrets, and unfair competition law. The firm also handles prosecution and enforcement matters, both for international and local clients.

In addition, ZMP is in a unique position to manage multi-jurisdictional anti-counterfeiting programs, which is one of the firm's strongest points. It handles these programs for some of the biggest brand owners in the world who are anxious to stop counterfeit products coming from Turkey, the Middle East, and China before they enter the EU.

Many of ZMP’s clients are leaders in their industries, such as pharmaceuticals, chemicals, computer science, entertainment, telecommunications, food and beverages, fashion, etc. Clients benefit from the firm’s strategically focused approach to the creation and protection of their brands and content. It understands their concerns and offers tailor-made and cost-efficient solutions.

To provide comprehensive services to regional and international clients with business interests in multiple jurisdictions, the firm has grown to 15 offices throughout Southeastern Europe over time, with its HQ in Belgrade and its Client Service Office in Alicante, Spain, acting as hubs around which all other offices operate. The streamlined flow of information between offices is accomplished through cloud-based file sharing and a consolidated back office. Clients can receive tailor-made services consistently across all ZMP offices through only one point of contact if desired.

ZMP’s network covers the protection of European Trademarks (EUTM) and provides full IP services in 15 countries, namely: Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Hungary, Kosovo, North Macedonia, Montenegro, Poland, Romania, Serbia, Slovak Republic, Slovenia, and Spain.

One point of contact, the flawless and constant level of service throughout all offices, in-depth knowledge of local and regional legal frameworks, markets, politics, and culture, and seasoned professionals with years of extensive experience are what make ZMP stand out.

Firm's website: ZMP