Can you trademark the name of a book

Feb 18, 2016 i can confidently say that theres no risk to using the names of arthur, lancelot, guinevere, merlin, and so on in your book at least not any legal risk. You must also meet specific requirements to trademark your name with the u. This represents perhaps the most complete picture of the most common names in the united states. You can trademark a name you arent using yet but unlike automatic and implied trademark on existing products, this has to be done proactively, then used and defended proactively. Sep 10, 2017 trademark law may not be very rock and roll, but it sure is important these days. Oct 08, 2020 in addition to searching brand names that you might have used in your text, you also want to search for the title of your book as well as character names. In order to protect your book title, you cannot rely on trade marks. Its quite reasonable to assume that someone seeing your book in a store would think it is written by the makers of the simpsons show and therefore buy it. Sep 09, 2016 you see the us patent and trademark office has historically had a rule against registering titles of single works. You can use your trademark on all of your work legally. When it comes to rock and roll bands, trademarking the band name is an essential part of legal protection. So the ttab is saying that title is a synonym for name, which isnt very helpful.

By rich stim the use of surnames family names is sometimes a controversial issue, because some business own. Mar 12, 2014 you trademarked your brand or company name and you can use a trademark symbol going forward. The united states trademark office explains the answer. Apr 15, 2008 many genericsounding words and phrases are actually trademarked brand names. A trademark can be a name, phrase, or logo used on a product or advertised for a service.

How to copyright a series of books creative law center. Of course, you cannot represent or suggest that your book is affiliated with or endorsed by any of these organizations. By richard stim before you register your name, you should consider two preliminary issues. Heres an article about the topic trademarks for book titles can you get one. Some are so common that it can be difficult to tell the difference without looking them up. Learn some product names that are or were trademarked. Registration can all be done online, or, if you prefer, you. Oct 23, 20 however, titles can be protected under trademark law, and hence the confusion. It must be capable of distinguishing the goods or services of a person from those of another person. 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. Jul 29, 2017 this is why you see identical titles from timetotime. The proper use, according to intas guidelines, would be to refer to it as eating oreo cookies but this is rarely the common use.

Coming up with a great name for your business is key to its success. It is not uncommon to hear someone refer to eating oreos in the plural sense with no particular trademark designation. A chapter title, divorced of a book, is not really protected by. May 05, 2015 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. Under law, protection only covers original works of.

How to avoid copyright or trademark violations in your self. Finding out information about family histories is growing in popularity with each passing year. An author can apply for a trademark for their books, if they offer a series of books under the same title. A trademark may be able to protect your book title, but it is more difficult than you think. Thats great news, but knowing when and how to use that symbol can be confusing. A title cannot be trademarked for a book, but you can use the title for other goods and trademark in those classes. Patent and trademark office states that a trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others. Registering your blog name can preserve your rights against latecomers who seek to blog under a similar name. Here is a stepbystep guide on how to trademark your brand with the uspto. Choose a distinctive trademark, register it, and protect it from infringement with all the information you need in one essential desk reference. Authors, this is how you can protect and futureproof your income. Use of trademark names in fiction daily writing tips. What you can t do is to use someone elses trademark to make people believe your commercial product is related to theirs. While many of us remember the book or that it was written by margaret mitchell, we dont identify books title as a source of goods.

For example bob made a facebook account and added many new friends while he was online. You can register your trade mark to protect your brand, for example the name of your product or service. However, you can trademark a book title if you write a. The answer is yes, provided that you take some common sense precautions. So, can title of a book distinguish itself from that of a book of another. Trademark and unfair competition law protects against confusingly similar usage of source identifying words and designs by another.

Trademark for album titles entertainment law asked. You cannot trademark the name of a single creative work. Usually when we think of trademarks, brand name products come to mind, like velcro, vespa, or valium. In the example above, the name i love trademarks could be. Go to the website for the united states patent and trademark office and use the trademark electronic search system tess to check that the words or name you want to trademark are available. Most of companies trademark character names from their franchises with intention to sublicense them e. A trademark is a piece of intellectual property that allows you to brand something so that no one else can copy or use it. If you are writing a book and you have an idea for a title, you probably are searching to see if anyone else has your title. And that was always pretty likely to apply to an album, a song, a book or a movie title, unless what you re registering is actually a brand that iswill be affixed to a whole line of goods or services. Defining the protections of a trademark you can basically define a trademark as your brand.

Fortunately, the united states trademark office allows you to trademark a series of books, movies, or related titles of other artistic works. The wrong name can send the wrong message about you, while the right name can give your business exactly the boost it needs. How to avoid copyright or trademark violations in your. Aug 29, 2017 can the name of an individual work be protected as a trademark. Feb 23, 2016 can you even name another type or brand of similar cookie.

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. Can i name my characters after famous characters from old. However, you can trademark a book title if you write a series of books using that title. Nov 15, 2019 it can be done, but first, ask yourself why you want to spend the money and time to trademark your name. Patent and trademark office can register an individuals name as a part of a trademark.

As a general rule, book titles cannot be trade marked due to one simple reason. Before providing you with the tools you need to select and protect the title of your book, its important to note that law does not protect book titles. 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. 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. While the law does not allow for a trademark on an individual book title, an author can trademark a series of books. How to register your blog name as a trademark nolo. Can i use a registered trademark in the title of a book im. Hi, a very informative read, especially for nonlegals. Some established writers as well as film and television companies frequently file to register the trademark for names of potential characters for future use, as well as characters that are. Sep 02, 2015 this is a question authors and artists often ask.

We normally process orders in about 23 business days, unless you have a rush. Can i be sued by mattel for using the premise of a barbie. Afterwards, the uspto will usually take at least 68 months to register a trademark. Aug 12, 2016 a trademark may be able to protect your book title, but it is more difficult than you think. If you aspire to be a published author, or, if you have been offered a book contract, remember, you, not your publisher should retain trademark licensing rights to. Unlike series titles, however, the title of a single work generally is not protectable under u. How to trademark a series of books, movies, or other artistic. Trademark names become a part of everyday vernacular, to the chagrin of those who own the trademark. How much does it cost to trademark a business name. Oct, 2009 but you can trademark a title, which may give you the protection you seek. A mark that is primarily a surname does not qualify for placement on the principal register unless the name has become well known. Trademark availability searches even if chosen in ignorance, if a title is likely to cause confusion with a previously registered or common law trademark, you can get sued. Dont confuse regular trademark law with what you may otherwise read about on. Authors, this is how you can protect and futureproof your.

Registering and trademarking your brand name is key to protect your company. How to trademark a book title should i trademark my book. 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. The social security administration ssa compiles a list of the most popular baby names over the past 100 years.

Is it legal to use a trademarked name such as facebook in a novel where it is simply a part of the story. Even if you say that isnt your intention, it is what would happen. You suggest that use of the registered trademark symbol is never required. The use of a trademark in a book title is not trademark infringement unless there was some publishing or authoring that was the goodservice provided under the trademark. Default description these trade books will help you if youre wondering what is a trademark. In addition to wanting to know more about a persons backgrounds, obtaining information about name origins is also of interest. Trademark rights protect the logos, symbols and textual representations that uniquely identify goods in commerce.

Dec 27, 2010 writers frequently ask whether they can mention brand name products and services in their fiction. No trademark protection in book or movie titles weintraub. 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. According to, a trademark can create opportunities for multiple passive income streams from licensing the sale of book related merchandise and paraphernalia. 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.

Heres why you can t a book title, but why you can probably trademark that title. And while generally, a trademark typically will not be granted to a book title, there are some exceptions. Im currently investigating if i can use a two word phrase, that also is the name of a song title by an english band, as my book title literary fiction. So, when your book title, by virtue of your use of it in connection with goods and services that dont include the actual selling of your book, becomes a brand name, it is totally possible to register it as a trademark. How to trademark a series of books, movies, or other. This is because they serve as an identifiable brand. You can trademark a name, logo, or phrase used in connection with a product or business service. I can t trademark an article, and i can t my trade name. When you register your trade mark, you ll be able to. Only the way the title looks can be protected as a mark, such. Patent and trademark office it puts the public on notice that you are the presumptive owner of the trademark and you have exclusive rights to use of the trademark. 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.

How to trademark a book title should i trademark my book title. The reasoning behind this is that trademarks are really meant to. 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 basic key to get a trade mark registered is that it must not be devoid of distinctive character. If no one has your book title, you may want to protect it by ing it. Yes unless the use causes consumer confusion as to the source of the goodservice. Generally, the title to a single motion picture is not entitled to trademark protection. You cant trademark your book title, except when you can small.

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. But you can t trademark the name of one single book. The arrangement of words in a book title cannot be trademarked. Trademark your pen name if you want to identify a body of work such as a book series or screenplays. If you are writing a book, learning about s is vital. In fact, we totally recommend that you register it as a trademark. For example, if you write one, individual book called i love trademarks, then you will not be able to trademark this title. The general rule is that book titles unless part of a series cannot be registered as trademarks. 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.

Registration of or trademark is another topic entirely. 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. If any of these rules get in your way you ve got a hot name for your business and you want to run with it, a trademark lawyer can help you decide whether your situation is an exception to these rules and what you risk by going ahead with your proposed mark see chapter 14, help beyond this book, for information on how to find a. You cant trademark your book title, except when you can. In order to secure a trademark for a character, you must use its name, image, or both to brand your products and services. Selecting and protecting the title of your book how to use. It could be a different matter if i wrote a book titled. 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.