Trademark rights book titles

You cannot trademark the name of a single creative work. To register a book or other creative work, simply go to. If there are no prior rights attached to a name, phrase, design or logo, you may be able to asset trademark rights in that particular. Generally, a trademark typically will not be granted to protect a book title, there are some exceptions. There are several ways to achieve protection for that awesome title. And that was always pretty likely to apply to an album, a song, a book or a movie. However, you can trademark a book title if you write a series of books using that title. It will permit registration for a trademark associated with a series of. For example, the harry potter series is protected because of its great success allowing it to be considered a recognized brand. David koehser attorney at law 6122044567 trademarks and. Title of a single work refusal and how to overcome this refusal. Lloyd, excellent summary of trademark law and book titles. 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.

Some have found success pursuing grounds along trademark and similar legal protection approaches. How do you trademark the title of a book series, movie series, or other artistic works. 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. Article titles and sections on the internet, however, are registered as a service mark because they can exist independent of any publication.

You may be able to trademark a book title or series title. 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. Establish rights for ancillary goods or services using the title of the book for workshops based upon the book. 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. According to the trademark office, single titles are. Patent and trademark office doesnt consider your title or brand a distinctive mark that is indisputably distinguishable from others, you will not be granted trademark. Learn how to protect your literary works intellectual property. Trademark law is designed to prevent what courts call a likelihood of. Publishers should consult their own legal counsel regarding. Title of a single work refusal and how to overcome this. Trademark law treats single literary works differently than most topics. 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 to trademark a series of books, movies, or other artistic. However, if the title to the book enjoyed trademark protection, this would compromise the policy of public domain under law because a book with a trademarked title could only be published under a different title. A great title can contribute tremendously to a book s success. It will permit registration for a trademark associated with a series of works, such as a book series. 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. A trademark may be able to protect your book title, but it is more difficult than you think. For example, if you write one, individual book called i love trademarks, then you will not be able to trademark this title. Aug 12, 2016 a trademark may be able to protect your book title, but it is more difficult than you think. This is a hint at why most of the time you cant trademark your book title.

Dont worry, unless youre a superfan or savant, no one gets this right. 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. Patent and trademark office thinks the duplication of titles would be confusing or would dilute someones brand. Unlike series titles, titles of a single work, whether a book, periodical, song, movie, or television program, generally, will not be protected under either trademark or unfair competition law. However, some titles qualify for trademark protection. Jan 29, 2010 unlike series titles, titles of a single work, whether a book, periodical, song, movie, or television program, generally, will not be protected under either trademark or unfair competition law. I am not a lawyer but i will attempt to explain to the best of my knowledge, and any actual lawyers are free to contradict. To constitute trademark infringement, the two marks dont have to be exactly alike just confusingly similar.

Oct 22, 20 article titles and sections on the internet, however, are registered as a service mark because they can exist independent of any publication. 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. The arrangement of words in a book title cannot be trademarked. Trademark rights are assigned to the first person to stake a claim, so if youre choosing a title for your book, its valuable to see if anyone is using the title youre considering as a trademark before continuing with it. A trademark is symbol, word, or words legally registered or. 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. Trademark protection for book titles revision legal. 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. You may trademark a phrase, including the title of a novel or series of novels, for a category of products, including books. The general rule is that book titles unless part of a series cannot be registered as trademarks.

The logic behind the legal principle that the title to a single creative work cannot function as a trademark is as follows. No trademark protection in book or movie titles the ip. 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. Single book titles no longer protectable as trademarks. That is, the first person to use a word, or symbol in connection with the sale of goods or services may across state lines. You cant trademark your book title, except when you can. The federal court of canada made the change in january 2009 in drolet v. May 05, 2015 trademark ownership and licensing rights. Can i trademark the title of my fiction novel series.

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. Trademark basics trademark registration and advice. 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. So if is out, what other forms of protection are available. Trademark rights in book titles monroe moxness berg. Trademark rights protect the logos, symbols and textual representations that uniquely identify goods in commerce. Kleenex or aspirin where they could lose their mark if not actively protected and controlled.

I am not a lawyer but i will attempt to explain to the best of my. We use licensed attorneys and trademark agents to help you register your trademarks. In terms of a cancellation proceeding, once there is evidence of three years of nonuse, then the burden shifts to the trademark owner to show use during the threeyear period or that despite the three years. Before you sign that much desired book contract, ask if your work has the potential for commercial benefit. 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. Apr 24, 2017 you may trademark a phrase, including the title of a novel or series of novels, for a category of products, including books. Sep 09, 2016 you see the us patent and trademark office has historically had a rule against registering titles of single works. A screening search will help you determine this information. 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. In terms of a cancellation proceeding, once there is evidence of three years of nonuse, then the burden shifts to the trademark owner to show use during the threeyear period or that despite the three years of nonuse, there was intent to resume use of the mark within a reasonably foreseeable time. 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. Trademark for album titles entertainment law asked. Patent and trademark office doesnt consider your title or brand a distinctive mark that is indisputably distinguishable from others, you will not be granted trademark protection.

A trademark is symbol, word, or words legally registered or established by use as representing a company or product. Patent and trademark office uspto will not register a trademark for a standalone work. One of the most common questions about trademarks i answer on a daily basis is if one can trademark a book title or not. 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. So, you could have a series of books for dummies and individual titles of these books may be auto repair, football, personal finance, etc. If it is being used on a television series, book series or other continuing work, registration is possible and recommended.

May 15, 2010 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. Another reason trademark law generally refuses to acknowledge trademark rights in the title to a single creative work, such as a book, results from the interplay between and. As a general rule, book titles do not meet the legal qualifications for trademark protection. For aspiring authors, it is you and not your publisher who should retain the trademark licensing rights to the title of your work. No trademark protection in book or movie titles weintraub. But the real question is whether its ever useful, and the answer to that is almost always no. 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. The term single title refers to a particular book title, such as gone with. So the ttab is saying that title is a synonym for name, which isnt very helpful. Im often asked by authors whether they can trademark the title of a book or other literary work theyve created. We use licensed attorneys and trademark agents to help you register your trademarks around the world with a free comprehensive trademark search, for a single allinclusive flat fee, with a 100% moneyback guarantee.

Abandonment and nonuse of a trademark new york intellectual. Publishers should consult their own legal counsel regarding proper referential use of others trademarks in their titles. You cant trademark your book title, except when you can small. Jan 03, 2015 however, some titles qualify for trademark protection. Mar 03, 2015 even if the trademark owner seems keen on the movie idea, trademark law frowns on a trademark owner who doesnt protect the use of their name, threatening generification of the trademark i. Copyright and trademark protections for song titles and lyrics. 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. Especially for something like a novel, registering a gives the author tremendous intellectual property protection. A great title can contribute tremendously to a books success. There can often be significant value in the name recognition and associated publicity generated by the publication of a book, and protecting these rights can be very important. Oct 23, 20 and therein lies lees misunderstanding and her biggest problem. Book titles and titles of single creative works new york. 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. No trademark protection in book or movie titles the.

Theres always a lot of junk and interesting analysis on the web. How to trademark a series of books, movies, or other. And therein lies lees misunderstanding and her biggest problem. It can also create opportunities for multiple passive income streams from licensing the sale of bookrelated merchandise and paraphernalia. Facebook is trying to expand its trademark rights over the word book by adding the claim to a newly revised version of its statement of rights and responsibilities, the agreement all users. Patent and trademark office states that a trademark protects words, phrases, symbols or designs identifying the source of the goods or services of one. Fortunately, the united states trademark office allows you to trademark a series of books, movies, or related titles of other artistic works. The reasoning behind this is that trademarks are really meant to function as the identifiers of goods and. Stiftung gralsbotchaft 2009 fc 17 the court was tasked with considering a range of and trademark. May 30, 2019 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. Song titles and trademark law trademark law is often confused for law but it is a very different type of legal protection it aims to prevent consumer confusion in the marketplace.

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. Selecting and protecting the title of your book how to use. Registering a is easy and, compared to other forms of intellectual property protection, inexpensive. In canada, however, its different and you can trademark book titles even if its just one book. I have decided to create a couple works to market on amazons kindle. Copyrighttrademark question for childrens book title. Books titles unregistrable as trademarks in canada.

The three trademark issues that most frequently arise in publishing are. Facebook asserts trademark on word book in new user. 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. Another reason trademark law generally refuses to acknowledge trademark rights in the title to a single. This is why you see so many books with the sameor very similartitles. So if someone reading this is searching for the law of trademarks and how it applies to book titles, pay attention to this page. Another reason trademark law generally refuses to acknowledge trademark rights in the title to a single creative work, such as a book, results from. For more information, see trademark act sections 1, 2, and 45, 15 u.

Especially for something like a novel, registering a gives the author tremendous. 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. Protection of movie titles through intellectual property laws. In a decision that could significantly impact rights holders in the media and entertainment industries, the federal court has suggested that book titles are, prima facie, not properly registrable as trademarks in canada. Consider all the merchandising products that may stream from your.