Book title as trademark

Trademark protection for literary titles of single works is unique in trademark law. Registering a is easy and, compared to other forms of intellectual property protection, inexpensive. 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. It can also create opportunities for multiple passive income streams from licensing the sale of bookrelated merchandise and paraphernalia. Double keyword density and enhance findability format your title tag to use both the registered trademark brand or product name along with the seo keyword phrase of focus. So if you use the title of your book as the title of your blog, column, etc. If you are writing a book, learning about s is vital. There are tons of examples where a book title search will return a dozen different books all called the same name. 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. 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. 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.

The reasoning behind this is that trademarks are really meant to. But you can trademark a title, which may give you the protection you seek. How do you trademark the title of a book series, movie series, or other artistic works. And if you find success, you could qualify for trademark protection. I have written a self help book with a catchy title. Use of the federal registration symbol, however, is regulated by. Learn whether or not you can trademark your book title or a series of books. 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. Generally, a trademark typically will not be granted to protect a book title, there are some exceptions.

You cant trademark your book title, except when you can. The general rule is that book titles unless part of a series cannot be registered as trademarks. And, in the case in question, the court still ruled that the title was merely. A great title can contribute tremendously to a book s success. This staves off unwitting trademark infringement, which disrupts the free trade of goods and services in the marketplace. 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. In order to protect your book title, you cannot rely on trade marks. In terms of using it in the title on your book cover, maybe be careful, because they may have a trademark over the image of the words font, capital letters, etc. 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. In order to protect your book title, you cannot rely on. To quote the uspto, regardless of the actual relation of the title to the book, courts treat all single title works as inherently descriptive at best and. Trademark protection for book titles revision legal. Registration for trademark protection is generally limited to brand names, slogans and logos used in commerce.

Protecting a title under trademark law requires using the title as a trademark, which means the title needs to be a brand, a source identifier used on goods or services offered for sale in the. The uspto views a book title as a term used to describe a product the book and does not designate a single source of that book the author or publisher from among many other sources of books other. You cant trademark your book title, except when you can small. In a decision that could significantly impact rightsholders in the media and entertainment industries, the federal court has suggested that book titles are, prima facie, not properly registrable as trademarks in.

When you trademark a book title, you are protecting the words as well as the identifying elements of your book, such as logos, designs, and slogans used to promote your work. For more information, see trademark act sections 1, 2, and 45, 15 u. How do i, as an author check if my books title has. A trademark may be able to protect your book title, but it is more difficult than you think. Specifically, literary works are given trademark protection only upon a showing of secondary meaning. Single book titles no longer protectable as trademarks. A great title can contribute tremendously to a books success. Book titles and titles of single creative works new york.

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. The work to be registered could be one work, a collection of works or an individual contribution in a. The title of a single work of authorship or creative work, such as a novel, is not eligible for. If you are planning to launch a series, launch the second book within a reasonable time of the first. 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. Heres why you cant a book title, but why you can probably trademark that title. Books titles unregistrable as trademarks in canada. To constitute trademark infringement, the two marks dont have to be exactly alike just confusingly similar. For example, chicken soup for the soul is a registered trademark, as is the dummies series of books. Title of a single work refusal and how to overcome this.

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. This is the title of the specific work you want to register. For example, if you write one, individual book called i love trademarks. 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. One of the most common questions about trademarks i answer on a daily basis is if one can trademark a book title or not. So now, the pto has to determine whether the title is being used as a brand, or is just descriptive of the work. How to trademark a series of books, movies, or other. Sometimes the problem is that two people in the world have the same book title for a different book.

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. Especially for something like a novel, registering a gives the author tremendous. Trademark rights protect the logos, symbols and textual representations that uniquely identify goods in commerce. Fortunately, the united states trademark office allows you.

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. Registered trademarks and other symbols in the title tag. You cannot trademark the name of a single creative work. 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. This is because trademark rights do not come into being until the second book in the series is published. A single title today could, tomorrow be a trademark for a series of books.

That mark was the title of a book that the defendant published about the grail message, a religious movement that arose out of a series of german writings from the 1920s and 30s. Book titles and titles of single creative works one of the most frequently asked questions in our practice is whether book titles and other titles to single creative works such as a title of a music. Selecting and protecting the title of your book how to use. 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. But you cant trademark the name of one single book. Title of a single work refusal and how to overcome this refusal. 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. When trademark title services was founded, we set a goal to provide our clients with the very best real estate title services available in the twin cities. The logic behind the legal principle that the title to a single creative work cannot function as a trademark is as follows. Trademark for album titles entertainment law asked. The arrangement of words in a book title cannot be trademarked. For example, if you write one, individual book called i love trademarks, then you will not be able to trademark this title. In addition to directly protecting your work, trademark law stops people who try to use your work to promote their products and services. Trademark basics trademark registration and advice.