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In the UK, where copyright was introduced by the Copyright Act 1842, the Zorro copyright passed to The Walt Disney Company in 1994, and the Zorro trademark passed to Zorro Productions, Inc. in 1995. Disney lost its copyright in 1994.[28] The Zorro trademark was registered on December 3, 1995. At the time of registration, the Zorro mark was first used in commerce in the United States on March 13, 1996.[29] Under the UK Trademark Act 1994, registered trademarks can be challenged in court by any person. The burden of proof is on the trademark owner to prove that the mark is distinctive.[30] The British Court of Appeal has ruled that the Zorro trademark was distinctive in December 1999, and Zorro Productions, Inc. owns a valid trademark in the UK.[31]
In the USA, the Copyright Act of 1976 does not allow a copyright holder to register a trademark that is identical or substantially similar to its copyright, but it may do so if it obtained a certificate of registration from the US Patent and Trademark Office.[26] As a result, both the comic book character Zorro and the 2002 film adaptation of the same name are in the public domain in the United States. The Zorro trademark is considered valid in the United States in spite of the fact that Zorro Productions, Inc. was not the first to register the mark. The record of the trademark registration shows that its first use was on April 21, 1975 by Heatter-Quigley.[27]
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