Should trademark my book title

If you have already published the book by the time you submit the application, you must submit the best edition of the published work. Recently, a romance writer managed to obtain a trademark registration for the word cocky in connection with a series of romance books, effectively giving herself a monopoly over a. For example, if you write one, individual book called i love trademarks. As a general rule, book titles cannot be trade marked due to one simple reason. Copyright page samples you can copy and paste into your book. Mar 12, 2014 to confirm my own knowledge and share the dos and donts of trademark symbols with you from a legal perspective, i caught up with my goto trademark expert, intellectual property attorney kelley. Check copyright, trademark, keywords and popularity. Trademark rights protect the logos, symbols and textual representations that uniquely identify goods in commerce. This animated video explains how trademarks, patents. Registration for trademark protection is generally limited to brand names, slogans and logos used in commerce.

Recently, a romance writer managed to obtain a trademark registration for the word cocky in connection with a series of romance books, effectively giving herself a monopoly over a term that is common in the genre. Only the way the title looks can be protected as a mark, such as the way the font, design and colors combine to make it recognizable as the title of a particular book. However, notwithstanding the courts decision, and as alluded to in the decision, in canada the ability to register a title or anything else as a trademark can be distinct from the ability to enforce the mark at common law. If the trademark is not registered, then you can go ahead and apply for the trademark by visiting trademark electronic application system or teas available on uspto website. Your book title could be the most important aspect to your book. In the us, one cannot trademark a title of a single creative work. However, you can trademark a book title if you write a series of books using that title. If you have a series of books, then this series can be trademarked. Using a trademarked name in a book title using a trademark in the title of a howto guide for the use of a software product or computer hardware would normally fall under nominative fair use the use of somebody elses mark to refer to the actual.

While it is advisable to do so, you do not need to hire a trademark attorney to handle your filing. Selecting and protecting the title of your book how to use. The law is clear that you cannot trademark individual book titles, but a title for a series of books can be trademarked since it serves the role of a. Especially for something like a novel, registering a gives the author tremendous intellectual property protection. For example, the term bulletproof is trademarked in the health and fitness space by dave asprey. Davd147 may be well intentioned, but he is not an attorney and does not know what he is talking about. Sometimes the problem is that two people in the world have the same book title for a different book. Klems is the online community editor of writers digest magazine. May 25, 2018 the law is clear that you cannot trademark individual book titles, but a title for a series of books can be trademarked since it serves the role of a brand. Single book titles no longer protectable as trademarks contributor. And therein lies lees misunderstanding and her biggest problem. In our law firm, we often get asked by authors whether and how they should protect their book title. The law is clear that you cannot trademark individual book titles, but a title for a series of books can be trademarked since it serves the role of a brand. Book title generator the ultimate bank of 10,000 titles.

A novel, song, movie or painting entitled, the sun also sets no other. I was considering getting a registered trademark for my pen name so that in. Basically i have a name for an album that will have 10 to 12 songs on it. And the word trademark is not, strictly speaking, a verb. So if you use the title of your book as the title of your blog, column, etc. But you can trademark a title, which may give you the protection you seek. The issue here is that the book is really focused on one show, not one genre, or even subgenre. At authorhouse, you receive quarterly royalties on each and every purchase of your book, whether it is bought directly from the authorhouse bookstore or online book retailers worldwide including amazon or barnes and noble. Sep 09, 2016 my background has been mostly in the world of video and television, but i am working on a music project and im just curious how soon before the music goes public should i file for a trademark. If this is confusing, and you have a book title you think might be a. Mar 29, 2019 this article was coauthored by srabone monir, jd. How to trademark a blog name in 2020 and should you even.

Even if you cant a book title, or the other items listed above, you can register the title as a trademark. Generate a random story title thats relevant to your genre. You will also find the information on which form to choose for your application on the page. You should also search the internet and state databases for similar marks. Registering your trademark in that brand name will make sure that other people cant also use it as a brand name although they could also. Should you copyright your book before submitting it. There are tons of examples where a book title search will return a dozen different books all called the same name. But you cant trademark the name of one single book. To register a book or other creative work, simply go to. If you plan to publish a series title, you may file a trademark application on a good faith or bona fide intention to use. It is wellestablished that the title of a single work, such as a book, is not considered a trademark, and therefore is unregistrablein essence, the title of a work is treated as the name of the work, and therefore as describing the work. At the point that your book title becomes a brand, it operates as the identifier of the source of all of the fabulous goods and services you offer under that brandconsulting, appearances, blogging, etc. If you are a foreigndomiciled applicant, you must have a u.

For example, if you write one, individual book called i love trademarks, then you will not be able to trademark this title. In order to protect your book title, you cannot rely on trade marks. When youve arrived at your favourite, take a look at our companion article, practical considerations for your book title. Oct 08, 2009 as publishers its important to know that you cannot the title of your book. Oct 23, 20 and therein lies lees misunderstanding and her biggest problem. As an example, my book is basically something like, how to write the simpsons my question is, can i legally use this trademark the simpsons in my book title.

If a title could be considered a trademark, you can use the trademark system to attempt to protect your title, but it will be an expensive, lengthy and uncertain process, and you may well be denied trademark protection. So if you have more than one book coming out in a series thats joined with a single title, then that umbrella title can be trademarked. Jan 17, 2020 decide whether you should hire a trademark attorney. Intellectual property for writers what is a trademark.

How do i, as an author check if my books title has. So the ttab is saying that title is a synonym for name, which isnt very helpful. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goodsservices of one seller or provider from those of others, and to indicate the source of the goodsservices. Every use of a song title or lyric is unique and has its own special circumstances such as whether a or trademark has been filed, the manner of use, the context of the use. May 30, 2019 you may be able to trademark a book title or series title a trademark is more difficult to get than a, but you might be able to trademark a book is the u. While it should be helpful as a general guide, you should be aware that you should not rely on this article by itself as legal advice for your specific situation. If you do manage to obtain a federally registered trademark for your series of books, you might have a plausible basis for a trademark infringement claim arising out of the publication of a book with a confusingly similar title, particularly if its on a confusingly similar subject. Books that are available only in digital form require a deposit of the digital file. Because the title of a book is not subject matter thats protectable via federal trademark law. It can also create opportunities for multiple passive income streams from licensing the sale of bookrelated merchandise and paraphernalia.

Decide whether you should hire a trademark attorney. You cannot trademark the name of a single creative work. Patent and trademark office thinks the duplication of titles would be confusing or would dilute someones brand. Richardson came across a story worth sharing from a pilot who will turn 100 later this year that became his latest title, spying from the sky. You cant trademark your book title, except when you can. The arrangement of words in a book title cannot be trademarked. My background has been mostly in the world of video and television, but i am working on a music project and im just curious how soon before the music goes public should i file for a trademark. Search the trademark electronic search system tess data base of the united states patent and trademark office online to make sure your slogan or logo is unique. Cold war aerial intelligence from casemate publishers. Apr 24, 2017 thank you for stopping by my little slice of youtube. Oct, 2009 so if you use the title of your book as the title of your blog, column, etc. While you can check the trademark records online, before seeking to trademark your title, slogan or logo, consult an attorney with knowledge of trademarks and. For instance, trademark applications filed by an attorney have a 50% greater chance of approval.

This is the title of the specific work you want to register. Unlike series titles, titles of a single work, whether a book, periodical, song, movie, or television program, normally, will not be protected under either trademark or unfair competition law. What is a trademark, and can someone trademark three words and stop me using those three words in my book title. One of the most common questions about trademarks i answer on a daily basis is if one can trademark a book title or not. In order to protect your book title, you cannot rely on trade. Using a trademarked name in a book title okay, i have wanted to selfpublish for a long time and the idea has become more realistic with the popularity of ereaders. May 11, 2016 so if you have more than one book coming out in a series thats joined with a single title, then that umbrella title can be trademarked. The title of a single work of authorship or creative work, such as a novel, is not eligible for trademark protection, but trademark protection may be available if the title is used to identify a series of such works. So, before signing a book contract, ask if your work has the potential for commercial benefit.

The work to be registered could be one work, a collection of works or an individual contribution in a larger work. You cant trademark your book title, except when you can small. If you want to dive deeper into some of the subjects i touched on, make. How do i, as an author check if my books title has already.

A great title can contribute tremendously to a books success. Title of a single work refusal and how to overcome this. Might be used if creating tiein merchandise for a single book. In fact, we totally recommend that you register it as a trademark. Mar 21, 2019 the main qualification for trademarking something, according to the trademark office, is that a mark cannot be confused with another.

To confirm my own knowledge and share the dos and donts of trademark symbols with you from a legal perspective, i caught up with my goto. You can use the usps trademark electronic search system tess to search for previously registered and pending applications. If a name is part of a trademark, it must be unique. Remember, it is you and not your publisher who should retain the trademark licensing rights to the title of your work. There are three different application forms available with different fees. Books published in both digital and paper form require a deposit of two copies of the tangible paper book.

The general rule is that book titles unless part of a series cannot be. You may be able to trademark a book title or series title a trademark is more difficult to get than a, but you might be able to trademark a book is the u. A name like party animal probably wouldnt be able to be trademarked, because its a common phrase. Make sure to like and subscribe if you found the information useful. Only the way the title looks can be protected as a mark, such as the way the font, design and colors combine to.

The title of a single work of authorship or creative work, such as a novel, is not eligible for trademark protection, but trademark protection may be available if the. Registering a is easy and, compared to other forms of intellectual property protection, inexpensive. You can pick between fantasy, crime, mystery, romance, or scifi. Since a single book title does not qualify as a trademark, how do you protect your title while you are gearing up to publish book two in what you hope will be the next chicken soup for the soul or harry potter series. The listing of your registered trademark on the principal register of the uspto, and the use of the circled r registered trademark symbol only after successful registration never before, serve as notice to the public that your business name is protected by federal trademark law and that you intend to defend it. What you should know before filing the trademark application process is a legal proceeding governed by u. And if you find success, you could qualify for trademark protection.

Folks, you can properly use use trademarks in book titles, just like the for dummies series uses literally hundreds of trademarks in its book titles. Books published in both digital and paper form require a. Trademark for album titles entertainment law asked. Registered trademarks and other symbols in the title tag. If you are asking whether you should seek to register with the u. A title of a single work refusal is when the uspto refuses registration of a mark because the sample of how the mark is actually used the specimen or other information in the record shows the mark being used solely as the title of a single creative work, such as a book title, and not as a trademark. Thank you for stopping by my little slice of youtube. She is also a va accredited attorney as of 2015 and is licensed to practice law in new jersey and in new york. So, when your book title, by virtue of your use of it in connection with goods and services that dont include the actual selling of your book, becomes a brand name, it is totally possible to register it as a trademark. As with many things legal, the answer comes down to a general rule and an exception.