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. 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 general rule is that book titles unless part of a series cannot be registered as trademarks. Learn whether or not you can trademark your book title or a series of books. This staves off unwitting trademark infringement, which disrupts the free trade of goods and services in the marketplace. Protecting a title under trademark law requires using the title as a trademark, which means the title needs to be a brand, a source identifier used on goods or services offered for sale in the. It can also create opportunities for multiple passive income streams from licensing the sale of bookrelated merchandise and paraphernalia.
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. So if you use the title of your book as the title of your blog, column, etc. But you can trademark a title, which may give you the protection you seek. A great title can contribute tremendously to a books success. For example, if you write one, individual book called i love trademarks. The reasoning behind this is that trademarks are really meant to. The arrangement of words in a book title cannot be trademarked. And if you find success, you could qualify for trademark protection. 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. This is because trademark rights do not come into being until the second book in the series is published. In addition to directly protecting your work, trademark law stops people who try to use your work to promote their products and services.
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. But you cant trademark the name of one single book. No trademark protection in book or movie titles the. This is the title of the specific work you want to register.
Registration for trademark protection is generally limited to brand names, slogans and logos used in commerce. Trademark for album titles entertainment law asked. Selecting and protecting the title of your book how to use. The work to be registered could be one work, a collection of works or an individual contribution in a. 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. Registering a is easy and, compared to other forms of intellectual property protection, inexpensive. Heres why you cant a book title, but why you can probably trademark that title.
Books titles unregistrable as trademarks in canada. A great title can contribute tremendously to a book s success. One of the most common questions about trademarks i answer on a daily basis is if one can trademark a book title or not. Registered trademarks and other symbols in the title tag. Use of the federal registration symbol, however, is regulated by. 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. If you do manage to obtain a federally registered trademark for your series of books, you might have a plausible basis for a trademark infringement claim arising out of the publication of a book with a. For example, chicken soup for the soul is a registered trademark, as is the dummies series of books. How to trademark a series of books, movies, or other. 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. 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. Sometimes the problem is that two people in the world have the same book title for a different book. The logic behind the legal principle that the title to a single creative work cannot function as a trademark is as follows. 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.
If you are writing a book, learning about s is vital. If you are planning to launch a series, launch the second book within a reasonable time of the first. A trademark may be able to protect your book title, but it is more difficult than you think. Generally, a trademark typically will not be granted to protect a book title, there are some exceptions. Single book titles no longer protectable as trademarks. Especially for something like a novel, registering a gives the author tremendous.
In order to protect your book title, you cannot rely on trade marks. Fortunately, the united states trademark office allows you. 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. For more information, see trademark act sections 1, 2, and 45, 15 u. How do i, as an author check if my books title has. 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. So now, the pto has to determine whether the title is being used as a brand, or is just descriptive of the work. And, in the case in question, the court still ruled that the title was merely. Trademark protection for book titles revision legal. In order to protect your book title, you cannot rely on. Trademark protection for literary titles of single works is unique in trademark law. 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. 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.
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. 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. 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. How do you trademark the title of a book series, movie series, or other artistic works. Double keyword density and enhance findability format your title tag to use both the registered trademark brand or product name along with the seo keyword phrase of focus. The title of a single work of authorship or creative work, such as a novel, is not eligible for. Trademark rights protect the logos, symbols and textual representations that uniquely identify goods in commerce. 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. 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. Title of a single work refusal and how to overcome this. You cant trademark your book title, except when you can. Book titles and titles of single creative works new york.
Trademark basics trademark registration and advice. There are tons of examples where a book title search will return a dozen different books all called the same name. Even if you cant a book title, or the other items listed above, you can register the title as a trademark. You cant trademark your book title, except when you can small. I have written a self help book with a catchy title. A single title today could, tomorrow be a trademark for a series of books. Title of a single work refusal and how to overcome this refusal. You cannot trademark the name of a single creative work. 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.