Book title as trademark

Familiar symbols or designs, typographic variations or coloring. The title will probably make or break the book itself. Everything you need to know benefits of registering a trademark. The first entity to use or display the mark in affiliation with the book, or the. According to the trademark office, single titles are. An author can apply for a trademark for their books, if they offer a series of books under the same title. 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. 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 product or service that is associated with the mark.

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 an individual book, play or other work is not protectable as a. Book title trademarks the title of a single book or creative work is not registrable on the principal or supplemental register. Fortunately, the united states trademark office allows you to trademark a series of books, movies, or related titles of other artistic works. Assuming your title is well suited to function as a trademark, it will develop trademark rights on its own after it is repeated for subsequent books in the series.

Usually when we think of trademarks, brand name products come to mind, like velcro, vespa, or valium. Oct 28, 2020 titles, names, short phrases, and slogans, including book titles. The reasoning behind this is that trademarks are really meant to. You cant trademark your book title, except when you can. The cost is not very high and it brings you the ultimate benefits of the book title. But federal registration will make it easier to enforce your rights and an itu intent to use will get you an earlier priority date for those rights. How to trademark a book title should i trademark my book title. Generally, the title to a single motion picture is not entitled to trademark protection. However, if your book is part of a series, you can look into trademarking your books series title. There are certainly exceptions, such as using a characters name or a book specific imaginary location, but most titles are descriptive and come up in normal writing. Trademark for album titles entertainment law asked.

Thats because us trademark law doesnt permit trademark registration of book titles or other titles of single creative works. In the example above, the name i love trademarks could be. Wouldnt the inability to use bobbsey twins as part of the title interfere with the right to reproduce the work because one couldnt accurately identify. 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. In the titles screen, click new and add the title of the first book in the series. For example, if you write one, individual book called i love trademarks, then you will not be able to trademark this title. Trademark law alert a book title sometimes may prevent. Authors and publishers which elements of a book can you protect. Authors, this is how you can protect and futureproof your income. It can also create opportunities for multiple passive income streams from licensing the sale of book related merchandise and paraphernalia. Book title trademark tips counsel for creators llp. The main reason is due to a legal ruling that says book titles are descriptive enough where its already assumed youre the source of the material. In general terms, you cannot trademark a singular, standalone book title.

Its not possible to trademark a single book title if you plan to just write one work and not do anything else with it. Enter to win a free trademark registration easytouse diy trademark registration. Works that are common property or are in the public domain, like historical facts or measurement conversions. By obtaining federal trademark registration, you will have the legal rights to use that trademark in connection with your underlying book series, and any associated products. You can add the name of the series along with the title of the book. Sep 09, 2016 you see the us patent and trademark office has historically had a rule against registering titles of single works. Inta files amicus briefs on famous names, book titles as. The applicant has to be using the markthat is, the book title for at least three different products in that class. A chapter title, divorced of a book, is not really protected by. For example, while you cant trademark a book title, you can register the name of a book series for trademark protection. The answer to this question is somewhat complicated. Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devises. 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. This is because the purpose of a trade mark is to identify the goods and.

Thats because a book series changes significantly with each publication. Generally, the title of a single book cannot be registered. 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. Using the trademark in the title of a single book, under most circumstances, cannot constitute trademark infringement. The logic behind the legal principle that the title to a single creative work cannot function as a trademark is as follows. If you are an author, you may want to get a book title trademark to protect your brand. Title of a single work refusal and how to overcome this. However, given the point of a trademark is to provide the consumer with a certainty over the origin of the product, if the single title book looked too similar to the trademarked series, then the trademark owner could still. The band wanted to prevent publication under this title saying it.

However, even if the book title doesnt belong to a series, it can theoretically receive trademark protection if the title qualifies as a trademark and has acquired a secondary meaning. The general rule is that book titles unless part of a series cannot be registered as trademarks. 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. Jan 29, 2010 a single title today could, tomorrow be a trademark for a series of books. David koehser attorney at law 6122044567 trademarks. How to know if a book title is trademarked or ed, if. Can i trademark a book title before i write the book. As a general rule, book titles cannot be trade marked due to one simple reason. The title of a single creative work is not registrable on either the principal or supplemental. The title of an individual book, play or other work is not protectable as a trademark. 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 use it as a book title and reap the rewards of all of your hard work. Also, announce the series with publication of the first book. Trademark law protects words, slogans, logos and even designs that identify the source of goods or services.

Common examples include the for dummies series, chicken soup for the soul, and the hardy boys adventures series. While this might sound legal technicality, youre probably right, though its not necessarily the final word on the subject. Patent and trademark office is the federal agency that processes and approves trademark applications. 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.

May, 2010 the bobbsey twins is a registered trademark for series of fiction books. While the law does not allow for a trademark on an individual book title, an author can trademark a series of books. However, the use in the book title was plainly use of the bands name which was a registered mark. How to copyright a series of books creative law center. In order to protect your book title, you cannot rely on trade marks. Best practices to protect your planned book series title.

Title of a single work refusal and how to overcome this refusal. Rather, the three words probably should be the name of a series of books e. Federal trademark registration for your book title with the uspto is the best trademark rights for your book series. Book titles alone are not registrable as trademarks. The titles of the books are, for example, the bobbsey twins at school and the bobbsey twins in the country. 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. Properly selected and maintained, your books title can be your most valuable intellectual property asset. Specifically, literary works are given trademark protection only upon a showing of secondary meaning. Book titles generally cant be registered as trade marks. This is the same for the title to single books, songs and other singular creative works.

A great title can contribute tremendously to a book s success. If you are the author of a book and wish to have a registered trademark for the title of the book some thought needs to be given about. Regardless of the actual relation of the title to the book, courts treat all single title works as inherently descriptive at best and inherently generic at worst unless the single title has had wide promotion and great success. May 05, 2015 the us patent and trademark office states. The band name was a trade mark registered in relation to, amongst other things, books. 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 purchasing public the source of the series. The name of a series of books or creative works may be registrable if it identifies or distinguishes the source of the goods. Trademark tips for writers how to protect your creative. No trademark protection in book or movie titles the ip. Aug 12, 2016 the rules on trademarking a book title. Its unlikely for a trademark for three words as part of a book title to be granted. As i discuss below, under trademark law, some titles are. But the pto will register as a trademark a designation for a series of works.

But you cant trademark the name of one single book. If you have or are planning a series of books for which you want to trademark a 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. Find me online at clients often contact me because they want to register a book title as a trademark. Jul 29, 2017 but a book title can, under certain circumstances, find protection via the trademark laws, making it one of a writers most valuable intellectual property assets. Can i trademark or the title of a us ed book in advance of the body of the book. 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. Trademark you book title now with trademark terminal. The patent and trademark office pto will not register the title of a standalone literary work including a fiction or nonfiction book, song, movie, or video game. See the trademark manual of examining procedure tmep 1202. 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. For authors, your book can lead to other opportunities, so you can think of it as a way of making your. The title of a single book cannot be registered as a trademark in the united states, but a march 11, 2020, precedential decision of the trademark.

How do you trademark the title of a book series, movie series, or other artistic works. 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. First, consider the difference between s and trademarks. Thats why the titles of magazines, newsletters, comic books, etc. 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. How to trademark a series of books, movies, or other artistic. Sometimes the problem is that two people in the world have the same book title for a different book. No trademark protection in book or movie titles the. 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.

How to file a trademark application for a book title 1. The defendant intended to publish a book entitled wet wet wet a sweet little mystery. If you want to distinguish your goods, services or both from those of another business, you may need a trade mark. However, you can trademark a bo ok title if you write a series of books using that title. A trademark is more difficult to get than a, but you might be able to trademark a book title. Oct, 2009 trademarks keep others from confusing a wellknown work on the bookstore shelves with others. How to trademark a book title should i trademark my book. This is true despite the fact that the title of book is not descriptive of its contents. Book titles and titles of single creative works new york. You become the rightful and the only owner of the book.

Unlike series titles, however, the title of a single work generally is not protectable under u. You cannot trademark the name of a single creative work. Trademark terminal offers you to trademark your book title now. However, you can trademark a book title if you write a series of books using that title. Trademark class 16 for book title trademark book title. In addition to your artistic and literary considerations, there are also legal. This is because they serve as an identifiable brand. The titles screen in the group application differs from the standard application in that there is no option to enter a series name separately. Trademarks serve to distinguish your brand from other literary brands. 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. If you get it trademarked today, all the rights and benefits will reserve only to you. Ive got the book concept, and the proposed title for the book. Oct 23, 20 selling a lot of copies of a single book does not turn a title into a trademark because it is still functioning simply as a title of a single work and hence more confusion about which law protects. You cant trademark your book title, except when you can small.

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. Selecting and protecting the title of your book how to use. Hi, one book which is in public domain in one country might not be in public domain in another country. This is because trademark rights do not come into being until the second book in the series is published. Authors, this is how you can protect and futureproof your. 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. So the ttab is saying that title is a synonym for name, which isnt very helpful. If you are planning to launch a series, launch the second book within a reasonable time of the first. The title of a book or other single creative work is simply thata title. No trademark protection in book or movie titles weintraub. Rowling that youd expect any title with his name in it to be written by her or, at least, a book approved by her. The three trademark issues that most frequently arise in publishing are. Oct 22, 20 trademark protection for literary titles of single works is unique in trademark law.

Trademark protection for book titles revision legal. The plaintiff sought to expunge the defendants canadian trademark registrations pertaining to the title of a book central to the movement for reasons relating to descriptiveness. 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. This is because of the underlying reasons why trademarks are granted in the first place. The result is that there are often books with the same title. The title of a single creative work is not registrable on either the principal or supplemental register. Like for india, a book enters the public domain after 60 years of the authors death. For more information, see trademark act sections 1, 2, and 45, 15 u. David koehser attorney at law 6122044567 trademarks and. Most non trademark attorneys are surprised when i tell them this.

Jan 15, 2010 the litigants were all involved in the grail message movementa religious movement centred around a series of writings prepared in germany in the 1920s and 1930s. As i discuss below, under trademark law, some titles are more worthy of trademark protection than others. This means that marks for single creative works could not be registered on the principal register or the supplemental register. Trademark infringement and possibly dilution or blurring and unfair competition, in other words.