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In 2024, something extraordinary occurred: the original Mickey Mouse cartoon (from 1928) entered the public domain in the United States, implying that its copyright expired after 95 years. However, if you believe that Mickey is now free to use in business, think again because trademark law protects it. Disney’s trademarks on Mickey Mouse’s name, image, and iconic silhouette ensure that even when copyrights expire, Mickey remains unmistakably Disney in the marketplace. This real-world example demonstrates the importance of trademarks in maintaining brand identity for beloved characters and symbols. For SMEs, you may not own a character as well-known as Mickey, but the lesson is clear: whether it’s a mascot, a logo, or a catchy character from your marketing campaign, registering it as a trademark can be critical to developing and maintaining a strong brand identity across the UK, EU, and US.
Cartoons and mascots frequently begin as entertainment or branding tools, but they can grow into valuable intellectual property assets. Characters, such as a smiling cereal mascot or a tech startup’s friendly robot logo, are used by businesses of all sizes to connect with their customers emotionally. These characters and designs, when associated with your products or services, can be protected as trademarks. In the United States and the United Kingdom, it is common to register trademarks that include not only names but also images or stylised characters, as long as they identify the source of products/services. The EU also permits such registrations. A classic example is Mickey Mouse’s head silhouette, which is trademarked for a wide range of products, from toys to clothing. For a SME, the principle is simplified: if you have a unique cartoon figure or a distinctive illustration that represents your brand (for example, a panda in your logo for a children’s education company), registering it can prevent others from using confusingly similar imagery to divert your customers. It turns a fun artistic element into a legally protected brand asset.
Trademarks in cartoons and pop culture are more than just images. Character names and even popular catchphrases can serve as trademarks if they immediately recall a specific source. For example, the name “Mickey Mouse” is heavily protected; Disney will not allow another entertainment company to launch a “Mickey” cartoon series of their own because it would undoubtedly confuse the audience. Similarly, imagine you’ve developed an animated mascot for your small business, such as “Chef Coco” for a chain of family restaurants. If Chef Coco becomes central to your branding (on signage, menus, advertisements, and perhaps even a children’s comic strip promoting the restaurant), both the character’s name and cartoon likeness should be registered as trademarks. In the UK/EU, you’d probably file in classes covering restaurant services and possibly merchandise; in the US, you might do the same but also have to show the character being used in commerce (e.g., printed on your menus or as a costumed character greeting customers). Securing these rights ensures that no competitor can use a similar friendly chef character named Coco to divert customers with a confusingly similar mascot.
Trademarks are important for iconic characters because they have the potential to last indefinitely. Unlike copyright, which has a set term, a trademark can be renewed indefinitely as long as it is in use. Disney’s clout with Mickey is a textbook case: even though the early films are now in the public domain, the trademarks associated with Mickey ensure that no one can open a Mickey-themed amusement park or sell Mickey toys without infringing. For SMEs, plan ahead – your cartoon mascot or branded character may not be world-famous today, but if it catches on, it could become an important part of your identity for decades. Make sure to renew your trademark registrations (UK and EU registrations are renewable every ten years, as are US registrations) and continue to use the marks in trade. Consistent use and renewal ensure that your rights remain active. This also includes adapting to change: if your character’s appearance changes or your logo evolves, consider updating or refiling trademarks accordingly. Essentially, treat your characters and logos with the same long-term care as any other key asset in your business.
What happens if someone starts using a character that closely resembles yours? Or does someone use your cartoon mascot’s name for a completely unrelated product? Trademark infringement does not always involve identical copies. Infringement occurs when another company uses a similar name or image for related goods, which may lead consumers to believe there is a connection. If SMEs strike gold with a popular character, they may find that a third party begins printing similar characters on t-shirts or running a social media account impersonating your brand’s mascot. You can deal with these situations once you have your trademarks. In the EU and the UK, you’d present your registration and evidence of confusion, and you’d most likely receive an injunction or a settlement to stop them. If your character has become sufficiently well-known in the United States, you may be able to use not only standard infringement claims but also the concept of dilution. (Dilution protects well-known marks from being used in ways that diminish their uniqueness or reputation, even on unrelated products.) Even when fame isn’t at stake, the law protects the goodwill you’ve established. It’s a good idea to develop an enforcement strategy: keep an eye out for unauthorised use (fans posting fan art is usually fine – it’s free promotion – but a competitor selling something featuring your character is not), and act quickly but tactfully. A cease and desist letter can often resolve issues, but serious or persistent infringement may require legal action. Remember that failing to police your trademark can weaken it over time, particularly in markets like the United States.
The Mickey Mouse story emphasises the importance of striking a balance between creativity and commerce. Using existing pop culture icons can be appealing to artists and businesses because they capture attention. However, trademark law establishes boundaries: you cannot generally use another person’s character or brand in a way that implies sponsorship or competes with the trademark owner. There are some exceptions to commentary or parody: in the United States, for example, an artist may legally paint Mickey Mouse in a work of fine art as social commentary. Free expression is also considered in Europe, though laws governing unauthorised commercial use of trademarks are stricter. Context and intent are important considerations. If you as a business try to put Mickey Mouse on your product packaging, it will almost certainly be considered infringement because you are using it commercially to attract sales. However, if Mickey appears in one-of-a-kind artwork that you display, it may be tolerated as artistic expression. SMEs should err on the side of originality, creating their own “Mickey” rather than borrowing someone else’s. That way, you’re not only staying legally safe, but also creating your own distinct brand story, which you fully control.
A memorable character or logo can transform a business, converting customers into fans. But behind every endearing mascot or catchphrase lies a legal framework that ensures magic is not stolen. Trademarks allow you to invest in branding with confidence: you can spend time and money promoting a cartoon character or slogan knowing that if you protect it, a competitor will not be able to copy it. CEOs and marketing leaders can learn from Mickey Mouse and other cartoon characters to view their brand elements as long-term assets. Nurture and protect them, and they might just become the Mickey Mouse of your niche: timeless, trustworthy, and truly yours.
If you require any additional information or assistance, please contact tmr@trademarkroom.com.
