Trademark Protection For Work Titles: Challenges And Insights

Article 83 of Law No. 5846 on Intellectual and Artistic Works stipulates that the names of works can be protected independently of the works themselves under the provisions on unfair competition. Our assessment of this protection is discussed in our article, 'Protection of Work Titles'¹.

An important aspect of work title protection is their registration as trademarks. In practice, it is common for elements of cinematographic works, such as characters and locations, as well as literary works like novels, stories, and poems, and even song or composition titles, to be registered as trademarks. This benefits both the trademark owner and other commercial entities through licensing agreements, while also allowing consumers to experience the work in various forms. For instance, characters from popular animated films are often used in commercial products like toys, clothing, stationery, textiles, magazines, and other printed materials. In such cases, registering the work