Darth Vader

Cartoon stick figure wearing Darth Vader’s helmet and holding a red Lightsaber with a music symbol from the mask of “rhythmic mechanical breathing” - representing a blog post about Darth Vader and Star Wars related  trademarks.

Trademark: Darth Vader

First Used: 1977

Current Owner: Lucasfilm Entertainment Company Ltd. LLC (DISNEY) [1]

Trademark Type: traditional trademark; word mark; non-traditional trademark; trade dress; configuration mark; sound mark

Brief (and likely incomplete) History [2]:

Darth Vader, with his signature red Lightsaber®, is one of the most legendary and iconic villains in movie history. Equally iconic? Darth Vader’s trademark portfolio – let’s take a look! May The Fourth Be With You®

DARTH VADER® is a registered wordmark for a variety of goods, including toys, clothing, books, posters, and stickers, among many others [3]. The character went through many changes in the drafting process, but the name “Darth Vader” was consistently in every draft screenplay all the way back to George Lucas’ rough draft of The Star Wars from 1974. Where did the name “Darth Vader” come from? “Darth” may have originated as a variation of the word “Dark.” Where did “Vader” come from? There are a few theories. George Lucas went to high school with a classmate named Gary Vader, and could have based the character name on his classmate. Some have theorized that "Vader" was inspired by the word "invader," as the character was to invade and conquer. Lucas today claims that it was based on the Dutch word for "father" (forming “Dark Father”), but many have called this into question considering Lucas created the character well before the plot point of Vader being Luke's father was finalized.

The configuration and design of Darth Vader’s mask [4] and his full suit [5] are registered trademarks in connection with costumes and toys. Concept artist Ralph McQuarrie designed Darth Vader’s iconic look by combining elements of samurai armor with a medieval knight’s silhouette, adding a skull-like mask topped by a Nazi-style combat helmet to create an ominous presence. Lucas suggested Vader wear a breathing mask, initially just for a space scene, but McQuarrie made it a permanent, integral part of the character’s eerie look. McQuarrie improvised the final design concept, envisioning Vader as a "dark lord riding the winds of death," and costume designer John Mollo then translated the design concept into the final costume, using found objects like motorcycle gear and military surplus items.

And finally, the rhythmic breathing sound of Darth Vader is a registered trademark in connection with costumes, toys, and other goods [6]. Sound designer Ben Burtt created Darth Vader’s iconic breathing by recording himself breathing through a scuba tank regulator. Although early ideas imagined Vader making many mechanical noises (including loud heartbeats and a wheezing respiratory system), Burtt decided a cold, mechanical breathing sound would be more powerful. He carefully edited the mechanical breaths to match James Earl Jones' baritone voice and dialog, creating one of the most recognizable sounds in film history.

The sound file is available at https://tsdr.uspto.gov/documentviewer?caseId=sn77419252&docId=SPE20190430114603&linkId=2#docIndex=1&page=1.

Copyright © 2025 by Illustrated IP, LLC. All rights reserved.


[1] Lucasfilm Ltd., https://www.lucasfilm.com/; Star Wars, https://www.starwars.com/.

[2] The Origin of Darth Vader: The Name, FORCE MATERIAL, posted December 1, 2016, and available at https://www.forcematerial.com/home/2016/12/01/the-origin-of-darth-vader-the-name; The Origin of Darth Vader: The Look, FORCE MATERIAL, posted December 2, 2016, and available at https://www.forcematerial.com/home/2016/12/02/the-origin-of-darth-vader-the-look; The Origin of Darth Vader: The Voice, FORCE MATERIAL, posted December 4 2016, and available at https://www.forcematerial.com/home/2016/12/04/the-origin-of-darth-vader-the-voice; A Brief History of Darth Vader’s Voice, REACTOR MAG, posted June 24, 2015, and available at https://reactormag.com/a-brief-history-of-darth-vaders-voice/.

[3] USPTO, U.S. Trademark Registration No. 1,272,312, available at https://tsdr.uspto.gov/#caseNumber=73386646&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch; USPTO, U.S. Trademark Registration No. 1,320,786, available at https://tsdr.uspto.gov/#caseNumber=73467703&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch; USPTO, U.S. Trademark Registration No. 2,454,915, available at https://tsdr.uspto.gov/#caseNumber=75881860&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch; USPTO, U.S. Trademark Registration No. 5,037,185, available at https://tsdr.uspto.gov/#caseNumber=86476872&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch.

[4] USPTO, U.S. Trademark Registration No. 3,443,879, available at https://tsdr.uspto.gov/#caseNumber=77155618&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch; USPTO, U.S. Trademark Registration No. 3,646,331, available at https://tsdr.uspto.gov/#caseNumber=77578863&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch.

[5] USPTO, U.S. Trademark Registration No. 3,443,878, available at https://tsdr.uspto.gov/#caseNumber=77155617&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch; USPTO, U.S. Trademark Registration No. 3,646,330, available at https://tsdr.uspto.gov/#caseNumber=77578852&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch.

[6] USPTO, U.S. Trademark Registration No. 3,618,322, available at  https://tsdr.uspto.gov/#caseNumber=77419252&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch.

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