To understand why it matters whether trademark protection is available for titles series or otherwise, you first need to appreciate what a trademark. Can i trademark a book title before i write the book. Jan 03, 2015 in general, the courts have ruled that expressions as short as book titles do not qualify for protection. The issue here is that the book is really focused on one show, not one genre, or even subgenre. Trademark protection for book titles revision legal. But you cant trademark the name of one single book. You will not use our s or trademarks including facebook, the facebook and f logos, fb, face, poke, wall and 32665. 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. 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 register and acquire federal trademark. Trademark for album titles entertainment law asked. As i discuss below, under trademark law, some titles are more worthy of trademark protection than others.
I have decided to create a couple works to market on amazons kindle. You cant trademark your book title, except when you can small. While the trademark is part of the book title, its also the name of the book series, and is featured prominently in every book and publication produced by the company. This is true despite the fact that the title of book. How to trademark a series of books, movies, or other. Fortunately, the united states trademark office allows you to trademark a series of books, movies, or related titles. Specifically, literary works are given trademark protection only upon a showing of secondary meaning. Theres always a lot of junk and interesting analysis on the web. The name of a series of books or creative works may be registrable if it identifies or distinguishes the source of the goods. 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. Trademark videos for an overview of trademarks, watch basic facts about trademarks.
As with many things legal, the answer comes down to a general rule and an exception. 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 refusal. How to title a book 2020 nyts bestselling book title. 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. The reasoning behind this is that trademarks are really meant to function as the identifiers of goods and services, and book titles. 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. Copyright and trademark protections for song titles and. 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. In order to protect your book title, you cannot rely on trade marks.
You cant trademark your book title, except when you can. The one exception recognized by the trademark office is that the title of a series of books as distinct from the title of a single book can serve as a trademark. Book title trademarks the title of a single book or creative work is not registrable on the principal or supplemental register. 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. 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. I know it sounds somewhat illogical, but the courts have been consistent when applying trademark law to book titles. David koehser attorney at law 6122044567 trademarks and. Unlike oneshot titles, series titles, whether a series of books, tv programs, software, or a regularly published magazine or other periodical, is eligible for trademark protection.
Patent and trademark office thinks the duplication of titles would be confusing or would dilute someones brand. Series titles are entitled to the same protection as any other trademark. However, you can trademark a book title if you write a series of books using that title. Unlike series titles, titles of a single work, whether a book, periodical, song, movie, or television program, normally, will not be protected under either trademark or unfair competition law. A great title can contribute tremendously to a book s success. 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. In the example above, the name i love trademarks could be trademarked if you wrote more than one book with that title. 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. And even if you have one book, that can be trademarked. Where the work is serialized, such as a television series or the title to periodically issued publications, trademark protection would be warranted. Heres an article about the topic trademarks for book titles can you get one. There could be millions of books with trademarks in the title. 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.
Once she obtained the registration, she apparently threatened other authors who used cocky in their book titles with trademark infringement suits, and approached amazon asking them to remove from sale her competitors books with cocky in the title. How then does a title rise to the level of trademark protection. 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 protection for literary titles of single works is unique in trademark law. 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. May 05, 2015 trademarks also prohibit other people from passing off their own goods and services using your trademarked brand. Series trademark registration how do you trademark the title of a book series, movie series, or other artistic works. Using a trademarked name in a book title okay, i have wanted to selfpublish for a long time and the idea has become more realistic with the popularity of ereaders.
Systematic misuse of a trademark can result in the term becoming generic. Trademarks keep others from confusing a wellknown work on the bookstore shelves with others. What every small business should know now, not later. 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.
Trademarks are really meant to function as the identifiers source of goods and services, and book titles dont really fulfill this function. 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. 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. For example, the harry potter series is protected because of its great success allowing it to be considered a recognized brand. Jun 08, 2018 her titles include cocky biker and cocky cowboy to name a few. Furthermore, titles of a series of books, periodicals or newspapers may be protected without proof of secondary meaning. If not in the title, what about in my book s pages. Generally, the title to a single motion picture is not entitled to trademark protection. So the ttab is saying that title is a synonym for name, which isnt very helpful.
Use of trademark names in fiction daily writing tips. Patent and trademark office thinks the duplication of titles would be confusing or. In fact, examples of federally trademarked titles include chicken soup for the soul, dummies and the hardy boys book series. Trademark basics trademark registration and advice. I have search the uspto database and found a number of book titles that have been trademarked, such as seven habits of highly effective people, good to great, etc. Properly selected and maintained, your book s title can be your most valuable intellectual property asset. However, some titles qualify for trademark protection. It can also create opportunities for multiple passive income streams from licensing the sale of bookrelated merchandise and paraphernalia. 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. Nevertheless, i would like to get to the bottom of trademarks and other symbols and seo, so here is what i.
The reasoning behind this is that trademarks are really meant to. If you are in the process of publishing a book, or series of literary works, contact our trademark law attorneys today for a free consultation on protecting your intellectual property. Jan 29, 2010 lloyd, excellent summary of trademark law and book titles. Home ip no trademark protection in book or movie titles no trademark protection in book or movie titles by scott hervey on february 6th, 2020 posted in ip, trademark law. For example, if you write one, individual book called i love trademarks. Through great success, wide distribution, or as part of a series. You may make referential use, but not brand use, of corel trademarks in single volume book titles not series, periodicals or magazines, provided that such books do not use any corel logos or trade dress. My question is, can i legally use this trademark the simpsons in my book title. You cannot trademark the name of a single creative work. The federal court of canada made the change in january 2009 in drolet v. Intellectual property forums trademark a book title. 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.
What every small business should know now, not later approximately 40 minutes. 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. Oct, 2009 this is why you see so many books with the sameor very similartitles. From an accounting standpoint, because this intellectual property has value, it is considered an intangible asset with no physical form and ip can be bought and sold, or its use can be licensed, sold to someone to use it. Trademarks are generally registered at a national level but there are mechanisms to register them in multiple countries.
As a general rule, book titles do not meet the legal qualifications for trademark protection. Protection of movie titles through intellectual property laws. 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. Book titles and titles of single creative works new york. In some cases, the title of a book, the name or likeness of a character in a book, or the name of the author of a book or a series of books may be recognized as a trademark for merchandise other than the book itself. 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. Recently, a romance writer managed to obtain a trademark registration for the word cocky in connection with a series of romance books. Facebook asserts trademark on word book in new user.
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. No trademark protection in book or movie titles the ip. 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. The name of a series of books or creative works may be registrable if it. The arrangement of words in a book title cannot be trademarked. Many of the terms are considered too generic or arbitrary to warrant protection. May 05, 2010 registered trademarks and other symbols in the title tag. Like a registration, a trademark is a form of legal protection. Copyrighttrademark question for childrens book title.
Stiftung gralsbotchaft 2009 fc 17, a decision that significantly alters proprietary rights in single book. You see the us patent and trademark office has historically had a rule against registering titles of single works. In the us, one cannot trademark a title of a single creative work. Canada has now adopted the practice, followed in the united states and many other jurisdictions, that the titles of single books are not protectable as trademarks. So, how to write animated comedy tv shows is not the focus of my book, and thus a somewhat inaccurate title. Registration of titles as trademarks with the united states patent and trademark office requires that the work designated by the title is not a single film, television show, or book. This is the title of the specific work you want to register. A trademark is more difficult to get than a, but you might be able to trademark a book is the u. 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. May 30, 2019 mcgraw hill published a book titled pt 109.
Publishers of works such as a star registry may register a claim to in the text of the volume or book containing the names the registry has assigned to stars, and perhaps the compilation of data. According to the trademark office, single titles are. Sep 09, 2016 you see the us patent and trademark office has historically had a rule against registering titles of single works. And if you find success, you could qualify for trademark protection. Under the united states trademark law, titles of single works generally cannot be registered as trademarks but titles used in a series may be capable of registration if the marks otherwise qualify. Mar 21, 2019 in addition to s, trademarks, and service marks, intellectual property includes patents. The court found that the words pt 109 and john kennedy were descriptive or generic terms and therefore not able to be ed. For an overview of trademarks, watch basic facts about trademarks. Hi, a very informative read, especially for nonlegals. Hey gang, i want to write a physical book and release it as both an ebook and kindle book. The general rule is that book titles unless part of a series cannot be registered as trademarks. Registered trademarks and other symbols in the title tag. 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.
Selecting and protecting the title of your book how to use. A trademark may be able to protect your book title, but it is more difficult than you think. If it is being used on a television series, book series or other continuing work, registration is possible and recommended. Registration for trademark protection is generally limited to brand names, slogans and logos used in commerce. Facebook asserts trademark on word book in new user agreement. So if someone reading this is searching for the law of trademarks and how it applies to book titles, pay attention to this page. Words such as aspirin, cellophane, and elevator slipped into the public domain because of improper usage. Title of a single work refusal and how to overcome this. Learn whether or not you can trademark your book title or a series of books. These are all registered in classes that offer publications, tapes, videos, certification, education services, etc. Jun 25, 2018 individual book titles cannot be trademarked but the name relating to a whole series of books can e.
And that was always pretty likely to apply to an album, a song, a book or a movie. It can also create opportunities for multiple passive income streams from licensing the sale of bookrelated. Davd147 may be well intentioned, but he is not an attorney and does not know what he is talking about. I was recently wondering about what effects registered trademarks or other similar symbols located in the title tag and other places of your website might have on search rankings. Series titles are eligible for federal trademark registration and may be registered with the united states patent and trademark office pto. So if you use the title of your book as the title of your blog, column, etc.