Trademarks and book titles

They could be a series of books, or a book, a workbook, and a supplement to the book, or a series of books, but theres not really a way to protect the title of a single book, either through trademark or through. How to copyright a series of books creative law center. Properly selected and maintained, your books title can be your most valuable intellectual property asset. Find me online at clients often contact me because they want to register a book title as a trademark.

In the example above, the name i love trademarks could be. You become the rightful and the only owner of the book. Sep 02, 2015 series trademark registration how do you trademark the title of a book series, movie series, or other artistic works. How to trademark a series of books, movies, or other. Davd147 may be well intentioned, but he is not an attorney and does not know what he is talking about.

Ive got the book concept, and the proposed title for the book. How to trademark a book title should i trademark my book. However, authors need to recognize that other forms of trademark protection may be afforded for their related products. It can also create opportunities for multiple passive income streams from licensing the sale of book related merchandise and paraphernalia.

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. Trademark law alert a book title sometimes may prevent. This is true despite the fact that the title of book is not descriptive of its contents. Oct 22, 20 trademark protection for literary titles of single works is unique in trademark law. Authors, this is how you can protect and futureproof your income. Generally in the united states, you cannot trademark a single book title, although you can trademark a series title where the title is a source identifier for your line of books.

Trademark you book title now with trademark terminal. While many of us remember the book or that it was written by margaret mitchell, we dont identify. Playing this out further, the sources of books are the publisher. For example, while you cant trademark a book title, you can register the name of a book series for trademark protection. A trademark may be able to protect your book title, but it is more difficult than you think. Series titles are eligible for federal trademark registration and may be registered with the united states patent and trademark office pto.

The three trademark issues that most frequently arise in publishing are. However, whether a title is actually used as a trade mark, is an important threshold issue in registration,opposition and infringement matters. Can i trademark or the title of a us ed book in advance of the body of the book. Aug 12, 2016 a trademark may be able to protect your book title, but it is more difficult than you think. As with many things legal, the answer comes down to a general rule and an exception. Because books do not typically identify the underlying source of goods or services, book titles typically cannot be trademarked. Trademarks provide the greatest legal protection over creative works like books.

Trademark tips for writers how to protect your creative. A trademark is important if the author is promoted and is recognised as the source of the books, so that when they see the name, readers will know what book they will be getting. May 05, 2015 a great title adds a lot to the success of a book and and becomes an important asset to your intellectual property as well as your income. See the trademark manual of examining procedure tmep 1202. The reasoning behind this is that trademarks are really meant to function as the. Aug 27, 2020 play by the book titles as trademarks. There are some exceptions that might apply to you if you want to trademark a book title. How to title a book 2021 nyts bestselling book title. No trademark protection in book or movie titles weintraub. Legal rights over your book title can be great if you plan on marketing your book and the underlying series and brand on a broader scale. Nov 23, 2020 if the title has been used in a similar book, you might still want to use it.

If you get it trademarked today, all the rights and benefits will reserve only to you. The general rule is that book titles unless part of a series cannot be registered as trademarks. Book and movie titles are not protected by that is why you see many that are the same, but trademark can protect a book or movie title if the mark is owned by a publisher, author, or entertainment studio in connection with an ongoing series. Feb 03, 2015 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. Martha stewart, harry potter, the cat in the hat, snoopy are good examples of names, titles, and characters that function as trademarks on products other than the related books or imagesbrands. Therefore, book, magazine, newspaper, encyclopedia, dictionary, cdrom, software and other print and electronic literary series title trademarks function in the same manner as the trademark for any other product or service in that the series title indicates to the. Her first book the welltended perennial gardenis timbers bestselling title and widely considered the bible of perennial maintenance. Trademarks are designed to identify the source of goods and services. 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. Furthermore, titles of a series of books, periodicals or newspapers may be protected without proof of secondary meaning. The title, or a portion of a title, of a single creative work such as a book must be refused registration under 1, 2, and 45 of the trademark act, 15 u.

You cant trademark your book title, except when you can small. Book titles generally cant be registered as trade marks. Selecting and protecting the title of your book how to use. If you want to see if a title has been trademarked, you can use tess, the online search at the u. Oct 06, 2020 sometimes the titles incorporate the words chicken soup for the soul and sometimes the title is completely different, but the book jacket has the chicken soup for the soul brand on it. How to trademark a series of books, movies, or other artistic. The defendant intended to publish a book entitled wet wet wet a sweet little mystery. Jul 29, 2017 i know it sounds somewhat illogical, but the courts have been consistent when applying trademark law to book titles. For example, if you write one, individual book called i love trademarks, then you will not be able to trade mark this title. The title of a single book generally is not a trademark, but a precedential decision shows how it can be used to prevent someone else from. The federal court found that none of the allegedly infringing uses of the movie title amounted to use of that title as a trade mark by the respondents. The title of a single creative work is not registrable on either the principal or supplemental. Thats why the titles of magazines, newsletters, comic books, etc.

Rowling that youd expect any title with his name in it to be written by her or, at least, a book approved by her. 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. David koehser attorney at law 6122044567 trademarks. David koehser attorney at law 6122044567 trademarks and.

Trademark protection for book titles revision legal. First, consider the difference between s and trademarks. Jan 29, 2010 titles trademark law will not generally protect unlike series titles, titles of a single work, whether a book, periodical, song, movie, or television program, generally, will not be protected under either trademark or unfair competition law. In particular, the title of a book functions only to identify the single book rather than to serve as an indicator of the source. In order to address this issue, the mpaa instituted a title registration bureau in 1925. Thats why the process on how to write book titles should be a combination between marketability and sales copy. 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. Trademark for book title trademark book title search. In short, you need to show that the word or phrase is less of a title and more of source of goods in this case, a book. Titles that refer to claris trademarks are generally appropriate so long as. Feb 23, 2021 overall, the title to single books is generally not registerable as a trademark.

The title of a single book or creative work is not registrable on the principal or supplemental register. Apr 27, 2019 typically a book title, character, or the authors name that has trademark protection can be used as a trademark on merchandise that stems from the book. No trademark protection in book or movie titles the ip. Can i trademark a book title before i write the book. Heres an article about the topic trademarks for book titles can you get one. An author can apply for a trademark for their books, if they offer a series of books under the same title. As i discuss below, under trademark law, some titles are. And that was always pretty likely to apply to an album, a song, a book or a movie title, unless what youre registering is actually a brand that iswill be affixed to a whole line of goods or services.

While the law does not allow for a trademark on an individual book title, an author can trademark a series of books. The name of a series of books or creative works may be registrable if it identifies or distinguishes the source of the goods. You cannot trade mark the name of a single creative work. However, a title for a series of books or a series of other creative works such as a television series, magazines, comic books, or printed classroom materials can. In truth, there are many things that an author should consider before they finalize their epic book title or else face having a book that just wont sell. A great title can contribute tremendously to a book s success. If the purpose of a trademark is to identify and distinguish the goods or services of one particular seller from another, then a single title, under that framework, does not achieve that.

This means that marks for single creative works could not be registered on the principal register or the supplemental register. The title will probably make or break the book itself. In the example above, the name i love trademarks could be trademarked if you wrote more than one book with that title, since it would no longer be considered a single creative work. And while generally, a trademark typically will not be granted to a book title, there are some exceptions. Trademark for album titles entertainment law asked. This is the same for the title to single books, songs and other singular creative works. For example, if you write one, individual book called i love trademarks, then you will not be able to trademark this title. You cant trademark your book title, except when you can. In addition to your artistic and literary considerations, there are also legal considerations that must be taken. Enter to win a free trademark registration easytouse diy trademark registration. Authors and publishers which elements of a book can you protect. The fact that its use was descriptive of the contents of the book rather than indicating the publishersource of the book did not mean it was not used as a trade mark which was capable of infringing the registered trade mark. Tracy disabatoaust has taught thousands of readers how to design and maintain their gardens.

However, the use in the book title was plainly use of the bands name which was a registered mark. Jun 08, 2018 generally in the united states, you cannot trademark a single book title, although you can trademark a series title where the title is a source identifier for your line of books. I know it sounds somewhat illogical, but the courts have been consistent when applying trademark law to book titles. Oct 23, 20 a common point of confusion about the different purposes of trademark and law occurs in the context of titles. Oct, 2009 trademarks keep others from confusing a wellknown work on the bookstore shelves with others. You cannot trademark the name of a single creative work. So that is a good example of the various ways in which you can use the brand on your books. However, you can trademark a book title if you write a series of books using that title. Sep 09, 2016 you see the us patent and trademark office has historically had a rule against registering titles of single works. Publishers should consult their own legal counsel regarding proper referential use of others trademarks in their titles. Generally, the title to a single motion picture is not entitled to trademark protection.

Series titles are entitled to the same protection as any other trademark. Fortunately, the united states trademark office allows you to trademark a series of books, movies, or related titles of other artistic works. Authors, this is how you can protect and futureproof your. This is a hint at why most of the time you cant trademark your book title. How to trademark a book title should i trademark my book title. The reasoning behind this is that trademarks are really meant to. The primary purpose of trademarks is to prevent consumer confusion by ensuring two similar businesses do not operate under the same name or symbol. How to file a trademark application for a book title. This is because the purpose of a trade mark is to identify the goods and. Book title trademarks the title of a single book or creative work is not registrable on the principal or supplemental register. According to, a trademark can create opportunities for multiple passive income streams from licensing the sale of book related merchandise and paraphernalia.

Book titles and titles of single creative works new york. But you cant trademark the name of one single book. The band name was a trade mark registered in relation to, amongst other things, books. However, a term used in the title of a series of books is not registrable if it merely. So if and trademark law do not reliably protect movie titles, why arent there more movies with the same title. While titles of single creative works are, in and of themselves, not generally capable of being trademarked, if the book title is but one in an existing or planned series of books, then the name might very well be protectable under trademark law and capable of registration. Trademark terminal offers you to trademark your book title now. Federal trademark registration for your book title with the uspto is the best trademark rights for your book series. The most widely cited of those cases centred around a book about the band wet wet wet.

They are often well known and assist consumer search and purchase. 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. According to the courts, a book title is only descriptive of the contents of the book itself, not an indicator of the source of the book. Specifically, literary works are given trademark protection only upon a showing of secondary meaning. The logic behind the legal principle that the title to a single creative work cannot function as a trademark is as follows.

Thats because a book series changes significantly with each publication. There have been several cases touching on the topic of book titles and trade marks. The reasoning behind this is that trademarks are really meant to function as the identifiers of goods and services, and book titles dont really fulfill that function. The applicant has to be using the markthat is, the book title for at least three different products in that class. Titles of books, songs, movies and other able works seem like they. The cost is not very high and it brings you the ultimate benefits of the book title. Its members, including all of the major motion picture studios, can register movie titles with the registration bureau.

No trademark protection in book or movie titles the. Or you may want to change it to avoid confusion by readers. For example, harry potter is such a popular, distinguishable character by j. Defining the protections of a trademark you can basically define a trademark as your brand. So the ttab is saying that title is a synonym for name, which isnt very helpful. One of the most common questions about trademarks i answer on a daily basis is if one can trademark a bo ok title or not. Overall, the title to single books is generally not registerable as a trademark. Title of a single work refusal and how to overcome this.