Trademarking a book title
The arrangement of words in a book title cannot be trademarked. 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. The general rule is that book titles (unless part of a series) cannot be registered as trademarks. The reasoning behind this is that trademarks are really meant to function as the identifiers of goods and services, and book titles don’t really fulfill that function. The US Patent and Trademark Office states: “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.” It is well-established that the title of a single work, such as a book, is not considered a trademark, and therefore is unregistrable…In essence, the title of a work is treated as the name of the work, and therefore as describing the work. So the TTAB is saying that “title” is a synonym for “name,” which isn’t very helpful. 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. Conduct a search to determine whether your title is available for trademark registration. To file as a series, “an applicant must submit evidence that the title is used on at least two different creative works” and “evidence that the applicant intends to use the mark on a series is insufficient.” When selecting a "series" title, try to select a title which is coined, arbitrary or suggestive – not one that is highly descriptive of your book’s contents. Arbitrary or suggestive words make better trademark candidates than highly descriptive titles.
25 May 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
Results 1 - 7 of 7 James Patterson's debut middle-grade novel addresses some of middle schoolers' biggest issues: bullies, first crushes, and finding out what makes each of us special, all with a hilarious main character Titles included are:. However, you can trademark a book title if you write a series of books using that title. 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. Examples of these Trademarks 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. In addition to directly protecting your work, trademark law stops people who try to use your work to promote their products and services. The arrangement of words in a book title cannot be trademarked. 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 trademark is a type of intellectual property consisting of a recognizable sign, design, Where one party makes a threat to sue another for trademark infringement, but does not have a genuine basis or Titles and character names from books or movies may also be protectable as trademarks while the works from which
25 May 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 The short answer is this: You cannot trademark the name of a single creative work. For example, if you write one, individual book called “I LOVE TRADEMARKS,” The general rule is that book titles (unless part of a series) cannot be registered as trademarks. The reasoning behind this is that trademarks are really meant to Trademark Law & Book Titles. How to Use Trademark Law to Create Multiple Passive Income Streams & Avert Legal Battles. By Lloyd J. Jassin. A great title can How to Register a Trademark Internationally. Judge's gavel on book about copyright infringement. Intellectual Property 101: Patent, Trademark, Copyright,
5 May 2015 So How do I Trademark my Title? To obtain a trademark in the United States you don't have to federally register for one. Just using the TM mark
The short answer is this: You cannot trademark the name of a single creative work. For example, if you write one, individual book called “I LOVE TRADEMARKS,” The general rule is that book titles (unless part of a series) cannot be registered as trademarks. The reasoning behind this is that trademarks are really meant to Trademark Law & Book Titles. How to Use Trademark Law to Create Multiple Passive Income Streams & Avert Legal Battles. By Lloyd J. Jassin. A great title can How to Register a Trademark Internationally. Judge's gavel on book about copyright infringement. Intellectual Property 101: Patent, Trademark, Copyright, 13 Oct 2009 So no, you can't copyright a title to a book, song or movie. But you can trademark a title, which may give you the protection you seek. The U.S. Depending on what you're writing about and who your target audience is, shock value can also sell books – we're assuming that's what the idea is behind books
Are you brave enough to put your title to the test? New! Pit two titles head-to-head with the new Lulu Titlefight! What Do I Do? Enter your novel
2. Use your comic book character name and logo. After you choose a name and logo, you must use it in commerce. Prepare products to sell that include the character's name and logo, and sell them to customers. Examples of items you may want to consider include costumes, backpacks, lunchboxes, and cups. So if you use the title of your book as the title of your blog, column, etc., it could be considered your brand identifier. And if you find success, you could qualify for trademark protection. Brian A. Klems is the online community editor of Writer’s Digest magazine. Have a question for me? A book title cannot be “taken”. There are tons of examples where a book title search will return a dozen different books all called the same name. There is
Intellectual property in titles of books and avenues for protection held that legal protection for literary titles lies in the field of trademark and unfair competition.