A brand mascot appears on packaging, in stores, in advertising and on merchandise. When FDI companies consider protection, many ask the wrong question: ‘copyright or trademark?’ The two regimes protect different aspects of the same character, and in most cases the right answer is both, in a sensible order.
How copyright and trademark protect a mascot differently
- Copyright protects the creative figure — an originally drawn mascot is a work of applied art under Article 14 of the IP Law; rights arise automatically on fixation, with the term in Article 27 (life plus 50 years, or 75 years from publication for organisation-owned works).
- Trademark protects distinctiveness — Articles 72 and 87 of the IP Law: a mascot registered as a trademark is protected when it can distinguish goods and services; the certificate lasts 10 years, renewable indefinitely under Article 93.
- The core enforcement difference — copyright stops copying of the figure; trademark also stops confusingly similar signs on similar goods, even where a rival redraws the mascot somewhat differently.
- The risk of choosing only one — copyright only: a rival files a similar mascot trademark first and turns it against you; trademark only: uses of the figure outside the registered classes (video, games, content) stay unprotected.
A practical mascot protection sequence
- Fix rights with the mascot designer first: assignment of copyright economic rights and trademark filing rights to the company (Articles 39 and 41 of the IP Law).
- Register the mascot artwork with the Copyright Office as soon as the design is final, to lock in creation-date evidence.
- File trademark applications for the mascot in core and adjacent classes (toys, publications, advertising services) before the public launch.
A successful mascot outlives any single campaign: it prints on products, stars in videos and can become a reason customers choose the brand. Two-layer protection — copyright for the figure, trademark for distinctiveness — is a small investment against the value a beloved character accumulates over years.
Frequently asked questions
Should a mascot be protected by copyright or trademark?
They protect different things: copyright covers the creative figure, trademark covers distinctiveness for goods. A core mascot should have both.
How do the two differ in practice?
Copyright arises automatically and stops copying; a trademark must be registered, lasts 10 years renewable, and stops confusingly similar signs in the same goods classes.
Is doing both really necessary?
Yes for core assets. Copyright alone lets a rival file a similar trademark first; trademark alone leaves out-of-class uses of the figure unprotected.
This article has been quality-reviewed by the FLAW AI Legal Council