Can you trademark the name of a book

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. You must also meet specific requirements to trademark your name with the u. You trademarked your brand or company name and you can use a trademark symbol going forward. One of the most common questions about trademarks i answer on a daily basis is if one can trademark a book title or not. Trademark and unfair competition law protects against confusingly similar usage of source identifying words and designs including book jacket design by another. So, how to write animated comedy tv shows is not the focus of my book, and thus a somewhat inaccurate title. Thats great news, but knowing when and how to use that symbol can be confusing. Now, its time to get into what trademarks actually are, so that you can understand what can and what cannot be trademarked.

You can also register your name as a special character mark that. But if youre name is joe smith from smalltown, usa you have a bit of work ahead of you. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goodsservices of one seller or provider from those of others, and to indicate the source of the goodsservices. Writers frequently ask whether they can mention brand name products and services in their fiction. Trademark registration is something that people can do themselves online, and sometimes its smooth and easy, but as ive just explained, the law and the procedural stuff can get tricky pretty fast. Aug 20, 2015 once you have a list of similar names or ones that youre concerned may be too close, you might want to enlist the advice of a trademark attorney. I have decided to create a couple works to market on amazons kindle. Avoid a name that is too similar to another comic superhero, as this.

According to the courts this kind of use is considered fair. Just like the words cocacola call to mind a bubbly soda, the right pen name can raise positive associations in the minds of the public. If you register your name as a standard character mark, your trademark business name will cover your name displayed in any font, color or design you choose. A trademark is a feature unrelated to the characteristics of your products or. Dont worry, unless youre a superfan or savant, no one gets this right. 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. Dec 27, 2010 can i mention brand name products in my fiction. 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. Without googling, can you name the publisher of catcher in the rye. Notably, they protect the name in relation to publishing. A wouldbe novelist named john smith who finds that theres another novelist by that name can use a middle initial or change his name. Klems is the online managing editor of writers digest magazine. Processing time can take upwards of six to 12 months with the uspto.

I have a burning question which i cannot get any answers to a wonder if you can advise. 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. A trademark cannot be used for a commercial purpose without permission from the owner. You are merely referring to zambonis own product, a zamboni ice resurfacer. This is a hint at why most of the time you cant trademark.

Trademarking of sarah palin, you can trademark your name. The arrangement of words in a book title cannot be trademarked. Clients oftentimes call me to ask if they can get a trademark registration on a common word or a common phrase. Yes, anyone can trademark their name if it is distinctive and no one else has registered the trademark for the same or similar products or services. If you want to formally obtain protection for your comic book superhero character, follow these four basic steps. You cannot use the for dummies trademark in a book title because that would cause consumer confusion about who is creating that book. But you can trademark a title, which may give you the protection you seek. Use of trademark names in fiction daily writing tips. But, place the trademark on the book cover in hopes of boosting sales by implying the zamboni company endorsed your book, then you better check your mailbox for a ceaseanddesist letter. Names of businesses, organizations, or groups including. The issue here is that the book is really focused on one show, not one genre, or even subgenre. To their surprise, however, the answer is a resounding yes. What can and what cannot be trademarked startup savant. If you ever see the letters tm after a name, this stands for trademark.

My question is, can i legally use this trademark the simpsons in my book title. May 20, 2008 while you cant a name, you can get sued for identity theft. You cant trademark your book title, except when you can. There are any number of reasons an author might use a pen name, and most of them are business related. Patent and trademark office thinks the duplication of titles would be confusing or would dilute someones brand. 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. The answer to that question can be complicated and rests in two fairly different areas of intellectual property law. Just like the words cocacola call to mind a bubbly soda, the right. If you conclude that your name is eligible for trademark registration, you can apply to register your trademark online. Mar 12, 2014 you trademarked your brand or company name and you can use a trademark symbol going forward. Heres an article about the topic trademarks for book titles can you get one. In addition, registration of a trademark can give the person holding the registered trademark a leg up in court as to the validity of the mark and the date of usage in later trademark infringement litigation, if it.

When you dont need permission to use another owners. Oct, 2009 so no, you cant a title to a book, song or movie. However, you can trademark a book title if you write a series of books using that title. Heres why you cant a book title, but why you can probably trademark that title. 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. If you register your name as a standard character mark, your trademark business. The question itself is always asked with a doubtful tone, as if they already know the answer is no. If you want to see if a title has been trademarked, you can use tess, the online search at the u. But you cant trademark the name of one single book. So the ttab is saying that title is a synonym for name, which isnt very helpful. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goodsservices of one.

Usually when we think of trademarks, brand name products come to mind, like velcro, vespa. Some ways that you may use the word name symbol while avoiding trademark infringement include. You cant trademark your book title, except when you can small. If another company has already trademarked your company name, you will be unable to trademark the. Can you use a company name that has been trademarked answers. As with many things legal, the answer comes down to a general rule and an exception. If your name is mcdonald and you want to use your name for your new fastfood restaurant, you ll be seeing someone in court. If you are writing a book, learning about s is vital. Id also like to take up this opportunity to tell you that i. For example, if you write one, individual book called i love trademarks, then you will not be able to trademark this title. By inserting a general word like book into their list of trademarked words, what is facebook trying to do. 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. Hi, a very informative read, especially for nonlegals. How to make sure youre not infringing on a trademark.

Writers often look at trademarked products or song lyrics or bits of poetry and ask, can i put this in my book. How to get a trademark for a comic book superhero character. A trademark is a piece of intellectual property that allows you to brand something so that. Examples of names that have been registered are jamie. Trademarks give you an exclusive right to use certain words, phrases, symbols, or. If you wish to publish a book, or launch a series of books, you run the risk that someone may have already obtained rights to a confusingly similar title. Examples of commercial purposes include advertising, merchandise, and presentations.

Agents, as their name suggests, procure publishers. It can be done, but first, ask yourself why you want to spend the money and time to trademark your name. Secure your brand with trademark factory riskfree, guaranteed. You cannot trademark the name of a single creative work. Yes you can get the name of the book trademark, only requirement is that the book name should not be among one of the name which cannot be trademarked as per trademarks act. Are there any circumstances under which you would be permitted to use a trademark without the prior permission of its owner. If another company has already trademarked your company name, you will be unable to trademark the name yourself.

Sep 06, 2019 once you ve come up with a strong mark, its time to make sure it isnt already in use. 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. Processing time can take upwards of six to 12 months with the. This animated video explains how trademarks, patents. The general rule is that book titles unless part of a series cannot be registered as trademarks. 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.

Yes, you can do it yourself, but its better to have an intellectual property attorney help you. Aug 16, 2019 you may feel it is unfair that someone with the same name as you trademarked the name for business first and you can t use it in your business. Selecting and protecting the title of your book how to use. A trademark does not prohibit the use of the word name symbol altogether. May 30, 2019 if you want to see if a title has been trademarked, you can use tess, the online search at the u. Sep 09, 2016 thats really the brand you need to protect. Trademarks give you an exclusive right to use certain words, phrases, symbols, or designs to identify your business. You may feel it is unfair that someone with the same name as you trademarked the name for business first and you cant use it in your business. Authors, heres how to protect your work with a trademark. While the use of a celebritys name in the title of an unauthorized biography is generally not considered a violation of that individuals right of publicity, or trademark rights, authors need to be aware that in the u. In this article, i will share with you valuable tips on how to determine the availability of a.

Once youve come up with a strong mark, its time to make sure it isnt already in use. 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 not in the title, what about in my book s pages. If your name is distinctive and unique you can apply for trademark registration. Book and movie titles are not protected by that is why you see many that are the same, but trademark can protect a book or movie title if the mark is owned by a publisher, author, or entertainment studio in connection with an ongoing series. If you have not published your childrens book when you submit your application, the required deposit is a complete copy of the book which can be in digital form.

Even though my reference to their name was in no way derogatory. Therefore, to trademark a name, you must be using it in commerce, or you must intend to use it in the near future. For example, if you write one, individual book called i love trademarks. Regarding the enforcement of trademarks, i recently got this correspondence from a company as to why they were refusing to let me use their trademarked name in my book. But, place the trademark on the book cover in hopes of boosting sales by. If you want to trademark joe smith for your burger joint, youre going to have to do some work to. Trademark rights protect the logos, symbols and textual representations that uniquely identify goods in commerce. A great title can contribute tremendously to a books success.

This is a hint at why most of the time you cant trademark your book title. The issue here is that the book is really focused on one show, not one. A trademark is more difficult to get than a, but you might be able to trademark a book is the u. A trademark is a feature unrelated to the characteristics of your products or services which allows your new business to help customers and consumers distinguish your products and services from identical or similar.