Trademark and unfair competition law protects against confusingly similar usage of source identifying words and designs including book jacket design by another. For example, if you write one, individual book called i love trademarks, then you will not be able to trademark this title. Rely on compumark for trusted information to help you clear entertainment names for both title and trademark use in the u. 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. Fortunately, the united states trademark office allows you to trademark a series of books, movies, or related titles of other artistic works. In order to protect your book title, you cannot rely on trade marks. 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 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.
Books titles unregistrable as trademarks in canada. But you can trademark a title, which may give you the protection you seek. 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. A song title might gain some level of protection or exclusivity through the inclusion of a trademark in the title, such as a song named after a trademarked character from a famous book or movie, but the protection in such a context would arise from inclusion of that separate trademark.
Registration for trademark protection is generally limited to brand names, slogans and logos used in commerce. Under the trademark dilution act of 1995, which became law in 1996, the owner of a famous trademark can now stop someone from using its trademark if it tends to weaken, blur or tarnish the famous mark. How to trademark a series of books, movies, or other. 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. The work to be registered could be one work, a collection of works or an individual contribution in a larger work. The title of a single creative work is not registrable on either the principal or supplemental. 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. While the laws vary from state to state, here, again, in order to prevail, a plaintiffauthor will likely have to prove that her title has acquired secondary meaning andor that the defendant adopted his confusingly similar title with the intention of deceiving book buyers into believing that. 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. If you wish to publish a book, or launch a series of books, you run the risk that someone may have already obtained rights to a confusingly similar title.
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. Using a combination of the latest technology and advanced procedures. 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. You may be able to obtain trademark protection of your book title if your title is distinctive enough, a part of a series, or an overall part of your brand.
Learn whether or not you can trademark your book title or a series of books. So if you use the title of your book as the title of your blog, column, etc. Especially for something like a novel, registering a gives the author tremendous intellectual property protection. Single book titles no longer protectable as trademarks. Generally, a trademark typically will not be granted to protect a book title, there are some exceptions. 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. Trademark protection for book titles revision legal. 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. 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 inherently generic at worst unless the single title has had. You cant trademark your book title, except when you can. Similarly, most states have laws forbidding passing off, which is a form of unfair competition. 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. 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 inherently generic at worst unless the single title has had wide promotion and great success.
This is the title of the specific work you want to register. Even if you cant a book title, or the other items listed above, you can register the title as a trademark. 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. The general rule is that book titles unless part of a series cannot be registered as trademarks. The united states trademark office explains the answer. Klems is the online community editor of writers digest magazine. One of the most common questions about trademarks i answer on a daily basis is if one can trademark a book title or not. But you cant trademark the name of one single book. Book titles and titles of single creative works new york. To register a book or other creative work, simply go to. This is true despite the fact that the title of book is not descriptive of its contents.
They could argue also something like you are passing off misrepresenting your work as being a. The reasoning behind this is that trademarks are really meant to. 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. 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. Trademark basics trademark registration and advice. 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 album, cd, dvd, sound recording, or name or title of a play or movie can be protected as trademarks. How do you trademark the title of a book series, movie series, or other artistic works.
This staves off unwitting trademark infringement, which disrupts the free trade of goods and services in the marketplace. Registering a is easy and, compared to other forms of intellectual property protection, inexpensive. A trademark may be able to protect your book title, but it is more difficult than you think. Book titles alone are not registrable as trademarks. To constitute trademark infringement, the two marks dont have to be exactly alike just confusingly similar. 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. The arrangement of words in a book title cannot be trademarked. The plaintiff challenged the registrability of the trademarks, claiming they were descriptive and not distinctive of the defendants claimed goods and services. It can also create opportunities for multiple passive income streams from licensing the sale of bookrelated merchandise and paraphernalia. According to, a trademark can create opportunities for multiple passive income streams from licensing the sale of bookrelated merchandise and paraphernalia. Only the way the title looks can be protected as a mark, such as the way the font, design and colors combine to. Use of the federal registration symbol, however, is. Specifically, literary works are given trademark protection only upon a showing of secondary meaning. However, you can trademark a book title if you write a series of books using that title.
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. Patent and trademark office thinks the duplication of titles would be confusing or would dilute someones brand. 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. 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. 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 authors or publishers. 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. Trademark protection for literary titles of single works is unique in trademark law. In addition to directly protecting your work, trademark law stops people who try to use your work to promote their products and services. A novel, song, movie or painting entitled, the sun also sets no other.
You cant trademark your book title, except when you can small. I know it sounds somewhat illogical, but the courts have been consistent when applying trademark law to book titles. And therein lies lees misunderstanding and her biggest problem. Well, remember that a trademark is a source identifier. And if you find success, you could qualify for trademark protection. In my hypothetical, theres a book with the title x, written by an individual a. A great title can contribute tremendously to a books success. Confidently determine the availability of a feature film, television production, book, or video game title. Trademark rights protect the logos, symbols and textual representations that uniquely identify goods in commerce.
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. Selecting and protecting the title of your book how to use. It could be a different matter if i wrote a book titled. For example, if you write one, individual book called i love trademarks. 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. A distinguished member of the spicy ip blog team has written to the ipkat and his readers for a second opinion.