cry_baby_007

I was hoping to organise a cosplay event in Singapore, but to my dismay, i heard a rumour that cosplay is owned and copyrighted.

I was pondering,because from my knowledge, Cosplay is suppose to be a hobby that is appreciated around the world, with Japan and America as its pioneers.

How is a person capable of owning this copyright to cosplay?

Does he have the ability to ban or manipulate cosplay events if he wants to?

So does that mean cosplaying and organising cosplay event will breach legal terms of the law and thus gaining its illegal status?

So i did some researches about this, and found some intriguing results.

http://tmsearch.ipos.gov.sg/eTMSearc...TmNo=T0412796D

I would personally like to know this Mr/Mdm Tan Yueh Han, the owner of this company by the name of SCC Square.
Apparently, he holds the trademark of cosplay. But just cosplay in general terms,or within a certain country?Could have been more specific.

This post was edited to minimise errors.

miwitch

wow.. does that mean if we have cosplay events, we must pay him?
It isnt cheap also to pay to IPOS, know.. O_O"

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-winalise-

but it isn't related....
it's something else...

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Haldir

Check with Takahan or Stephy or others from the Singapore Cosplay Club (or what I heard legally registered as Cosplay Club Singapore) for some infos. Technically, SCC is one of the organizers/co-organizer of Cosplay Events in Singapore and the club that usually keeping tab on events related to cosplay.

Out of curiosity, what kind of event are you interested in organizing and when?

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max

that's the strangest thing i've ever heard...it's like....copyrighting origami or like...swimming. o_O

ash

That is a trademark application, not a copyright. Anyway, some things cannot be copyrighted..

Trademarks are custom designs that a company or organisation can use to represent themselves.. usage of trademarks by anyone is forbidden w/o the respective owner's permission.

common TMs are McDonald's, etc

Copyrights are different from trademarks.. copyrights usually refers to works done by individuals or companies and disallowing anyone to use, publish, etc w/o permission..

common copyrights are books, photos, etc
Some things that cannot be copyrighted are math formulas, general items, etc

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Pheliosstar

lol, I want a copyright using for the letter "e"

imagine how expensive education would become if maths formula, letters of the alphabet, scientific theory was copyrighted.

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Churitsu

Wow! If that were the case than couldn't this person also sue people who use the word 'cosplay' on their sites? Or sue people who say that they 'cosplay'? Or for holding private 'cosplay' photoshoots? This person could get very rich fast...Riiiight ...If that's the case everyone has to start spelling it as kosupure to avoid trouble. *lol*

But yes, a trademark is like the coporate identity of a company so to avoid that same logo/word from being used by another company and causing confusion amongst consumers or what have you, they trademark it. Usually they're logos and words of a certain font, color and type face. This is to establish their identity as a corporation/company. i.e you can't use that word in that color or font since technically it is their so called 'logo'.

But somehow I find the details of that particular trademark rather vague...any law students lurking around here?

Destructos

And what next?? They'll copyright plastic model building, car modding, PC moding and the act of copulation??? ... ...

Naw... just as I've said, copyrighting Cosplaying is stupid and immensely retarded...

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iamacow

In law,
A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark.

Copyright is a form of protection provided to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The copyright protects the form of expression rather than the subject matter of the writing.

relax everyone..　
This just means that if you use a the word cosplay in conjunction with your event, it has better have SCC SQUARE as part of it.
However, the application was without phonetic equivalent, no translation, no otherstuff.

It means that if you use other forms and they can't stop you. for example, ko-su-pu-re (こすぷれ )or costume play. This is in direct reference to your title. If you choose to name your project The Masquerade, but it's actually a cosplay competition, they can't do anything about it even if it's widely recognised as another cosplay competition. For example, CosFest doesn't not infringe on anything.

However, usually such associations are quite niao about it. if you got around their barrier, they'll get nasty to you. like ask you to register with them (pay them money), or get them to endorse you (pay them money), or face the consequence of them getting their members to boycott your competition. *shrug* that's the way it is in the world. when people try to profit from others.

hayami.wai

i doubt cosplay is a trademark'ed word as "cosplay" is not a product/service provided by an individual or body. also, common words (dicitonary words) can't be trademarked as that would cause lots of trademark infringement in normal life.

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hayami.wai

just saw the link to ipos. i think the trademark'ed item refers to the mark. the word "cosplay" in that particular design. it is best to contact ipos. provide them with the trade mark number and ask them if there will be any legal implications if the word "cosplay" is used publicly.

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Destructos

In actual fact, generic terms and numbers cannot be TradeMarked(TM)...
Take the case of Windows and a Linux distribution, Lindows. Microsoft tried to sue the creators and districutors of Lindows for the 'blatant' infringement of the 'Trade Marked' Windows OS... the court deemed the term "Windows" too generic and, therefore, threw Microsoft's case out the Window...

Same goes for numbers... That is why Intel decided to name their processors Pentium(from the term penta- which means 5, like pentagram etc...) after their 486 line of processors(from 286 to 386 to 486 and the planned 586, get it?) so that they can Trade Mark the name. Which makes it more difficult for 386, 486, Pentium clone manufacturers to use Intel's product line to advertise...


But for this situation... it's just wierd to attempt to copyright and/or trademark a term which consists of 2 very generic terms(costume and playing...)

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AngelZhou

dont get confused... trademark, copyright, design, it's all different! As long as I concern it only happen for a period of time in a certain place ( Singapore in this case if you registered wif IPOS ) with a condition also...
For example if you register your 'dying angel doll' there, and a bread company made 'dying angel bread', you wont be sue since it falls to different category. In this case if whoever registered it, please make sure wether it's the same cosplay as we concern about. Cuz if it's not, then it's not.

anyway if want to clear this matter IPOS Headquarter is at Bras Basah =p

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vince123123

Those who have posted before are correct to say that trade mark rights and copyrights, whilst belonging under the general umbrella of intellectual property rights, are in fact relating to different rights and have different uses.

The trade mark registration that you have linked to is registered in Singapore. Trade mark rights are territorial in nature and that particular trade mark registration is only valid as far as Singapore is concerned.

Nevertheless, SCC Square could have applied for registrations in other jurisdictions. A preliminary check of the Trade Mark Registries in AU, UK, NZ, show that there is no application or registration for "cosplay" . There is a registration for "Cosplay Cafe" in Hong Kong, but in the name of another party. Likewise for US - some other guy registered a phrase containing the word "Cosplay" It appears that this guy's rights in the word "cosplay" only relates to Singapore.

To add on, you can probably use the word "cosplay" in respect of other goods and services that are not similar to the ones covered by the registration, unless the mark is "well known" (this would take another 3 pages to explain though).

However, the application was without phonetic equivalent, no translation, no otherstuff.

Not true. The test on whether marks are similar not only looks at the language, but also at phonetic and conceptual similarity. Your Ko-su-pu-re would be conceptually similar to Cosplay, and maybe slightly phonetically similar, especially if the relevant public knows what "Ko-su-pu-re" means.

As for CosFest, if you deal in exactly the same services as SCC Square's registration, there is a chance that you may be liable for infringement, if the court finds that "CosPlay" and "CosFest" are similar enough so as to bring about a likelihood of confusion.

Hmm actually common dictionary words can be trademarked, so long as they are not descriptive of the goods and services that they are being registered for. the word "cosplay" has already been successfully registered by SCC Square, at least in Class 41.

Unfortunately, IPOS will not entertain such requests, they will ask you to seek your own independent legal advice.

As far as I am aware, you can trade mark numbers. three random digits and above are possibly allowed, assuming that there is no descriptive meaning accorded to the numbers in relation to the goods and services or some other reason which makes it devoid of distinctiveness.

As for "windows", it has been registered in Singapore by Microsoft Corporation for various services. A so called generic mark can be registered if there is sufficient evidence of use made of it such that the mark acquires distinctiveness.

Hope the above is useful.