Trademark title of book

May 15, 2010 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. Registration for trademark protection is generally limited to brand names, slogans and logos used in commerce. Single book titles no longer protectable as trademarks. Unlike traditional trademark infringement, neither likelihood of confusion, nor competition between the parties goods is required.

To constitute trademark infringement, the two marks dont have to be exactly alike just confusingly similar. David koehser attorney at law 6122044567 trademarks and. For example, if you write one, individual book called i love trademarks, then you will not be able to trademark this title. 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.

This is the same for the title to single books, songs and other. I know it sounds somewhat illogical, but the courts have been consistent when applying trademark law to book titles. No trademark protection in book or movie titles the ip. 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. 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. Oct, 2009 so if you use the title of your book as the title of your blog, column, etc.

There are tons of examples where a book title search will return a dozen different books all called the same name. 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. 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. Generally, the title to a single motion picture is not entitled to trademark protection. You should also search the internet and state databases for similar marks. There could be millions of books with trademarks in the title. Klems is the online community editor of writers digest magazine. Confidently determine the availability of a feature film, television production, book, or video game title. Another reason trademark law generally refuses to acknowledge trademark rights in the title to a single creative work, such as a book, results from. Well done, was later in the day, short and sweet, right out the door and both parties and agents seemed satisfied also. This is true despite the fact that the title of book is not descriptive of its contents. Especially for something like a novel, registering a gives the author tremendous intellectual property protection. Wonder why you cannot use the for dummies trademark in a book title because that would cause consumer confusion about who is creating that book.

A great title can contribute tremendously to a books success. 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. This animated video explains how trademarks, patents. Trademark rights protect the logos, symbols and textual representations that uniquely identify goods in commerce. This is the title of the specific work you want to register. So the ttab is saying that title is a synonym for name, which isnt very helpful. Use of the federal registration symbol, however, is. No trademark protection in book or movie titles weintraub. The work to be registered could be one work, a collection of works or an individual contribution in a larger work. 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.

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 inherently generic at worst unless the single title has had. Trademark title fort wayne real estate title services. A great title can contribute tremendously to a book s success. Another reason trademark law generally refuses to acknowledge trademark rights in the title to a single. Learn whether or not you can trademark your book title or a series of books. We believe we have reached that goal, and are very proud of our success and our long list of satisfied clients. You may be able to obtain trademark protection of your book title if your title is distinctive enough, a part of a series, or an overall part of your brand. 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 mark may not consist of the title of a book, play, recording, or movie that is a singleissue artistic work as opposed to a series or serial unless the title has become well known over time. Jan 29, 2010 this is one of the quirks of trademark law. One of the most common questions about trademarks i answer on a daily basis is if one can trademark a book title or not. In terms of using it in the title on your book cover, maybe be careful, because they may have a trademark over the image of the words font, capital letters, etc. You cant trademark your book title, except when you can small. Oct 22, 20 trademark protection for literary titles of single works is unique in trademark law. How do i, as an author check if my books title has already. However, you can trademark a book title if you write a series of books using that title. 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.

And therein lies lees misunderstanding and her biggest problem. Specifically, literary works are given trademark protection only upon a showing of secondary meaning. Under the trademark dilution act of 1995, which became law in 1996, the owner of a famous trademark can now stop someone from using its trademark if it tends to weaken, blur or tarnish the famous mark. You can use the usps trademark electronic search system tess to search for previously registered and pending applications. And if you find success, you could qualify for trademark protection.

Generally in the united states, you cannot trademark a single book title, although you can trademark a series title where the title is a source identifier for your line of books. The logic behind the legal principle that the title to a single creative work cannot function as a trademark is as follows. 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. Fortunately, the united states trademark office allows you to trademark a series of books, movies, or related titles of other artistic works.

May 11, 2016 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. Trademark protection for book titles revision legal. The general rule is that book titles unless part of a series cannot be registered as trademarks. But you can trademark a title, which may give you the protection you seek. No trademark protection in book or movie titles the. You cant trademark your book title, except when you can. How to get a trademark for a comic book superhero character. Selecting and protecting the title of your book how to use.

The plaintiff sought to expunge the defendants canadian trademark registrations pertaining to the title of a book central to the movement for reasons relating to descriptiveness. It can also create opportunities for multiple passive income streams from licensing the sale of book related merchandise and paraphernalia. Books titles unregistrable as trademarks in canada. 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. The arrangement of words in a book title cannot be trademarked. 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 of a single work refusal and how to overcome this. 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. Even if you cant a book title, or the other items listed above, you can register the title as a trademark. Mar 12, 2014 this staves off unwitting trademark infringement, which disrupts the free trade of goods and services in the marketplace. 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. Aug 12, 2016 a trademark may be able to protect your book title, but it is more difficult than you think. Trademark protection for literary titles of single works is unique in trademark law.

Oct 23, 20 and therein lies lees misunderstanding and her biggest problem. 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. In fact, also in 2012, an education company attempted to register an official trademark for the word book, but they withdrew their application after a hearing with the trademark and trial appeal board. Registering a is easy and, compared to other forms of intellectual property protection, inexpensive. 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. 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. Only the way the title looks can be protected as a mark, such as the way the font, design and colors combine to. A novel, song, movie or painting entitled, the sun also sets no other. Using a combination of the latest technology and advanced procedures. Title of a single work refusal and how to overcome this refusal. Outstanding service, professionaly smooth closings and a wonderful staff at all branches. 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 indicates to the purchasing public the source of the series. What the federal trademark dilution statute does 15 u. The plaintiff challenged the registrability of the trademarks, claiming they were descriptive and not distinctive of the defendants claimed goods and services.

So if you use the title of your book as the title of your blog, column, etc. Eric malmberg, along with charity malmberg, is a founder and owner operator at trademark title services inc. It can also create opportunities for multiple passive income streams from licensing the sale of bookrelated merchandise and paraphernalia. The three trademark issues that most frequently arise in publishing are. At trademark title services, we understand this need and make sure that our communication with you and your agent is timely throughout the process. But you cant trademark the name of one single book. If you are the author of a book and wish to have a registered trademark for the title of the book some thought needs to be given about. For more information, see trademark act sections 1, 2, and 45, 15 u. You cannot trademark the name of a single creative work. How to trademark a series of books, movies, or other artistic. Copyright and trademark protections for song titles and lyrics. 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 inherently generic at worst unless the single title has had wide promotion and great success. A trademark may be able to protect your book title, but it is more difficult than you think.

So, it appears that facebook is trying to wiggle around an official trademark registration of the word book. The united states trademark office explains the answer. 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 is used to identify a series of such works. 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. Generally, a trademark typically will not be granted to protect a book title, there are some exceptions. How to trademark a series of books, movies, or other. 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. According to, a trademark can create opportunities for multiple passive income streams from licensing the sale of bookrelated merchandise and paraphernalia. The litigants were all involved in the grail message movementa religious movement centred around a series of writings prepared in germany in the 1920s and 1930s. 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. The reasoning behind this is that trademarks are really meant to.

Trademark basics trademark registration and advice. 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. Rely on compumark for trusted information to help you clear entertainment names for both title and trademark use in the u. Whether you communicate directly with your title company or through your agent, you need to track the progress of the title process closely. This staves off unwitting trademark infringement, which disrupts the free trade of goods and services in the marketplace. 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. To register a book or other creative work, simply go to. How do you trademark the title of a book series, movie series, or other artistic works.

After you choose a name and logo, you must use it in commerce. Registering your trademark in that brand name will make sure that other people cant also use it as a brand name although they could also. Eric believes in giving back to the industry and has served the realtors association on various committees as well as being elected to the board of directors in 2006 for a three year term. They could argue also something like you are passing off misrepresenting your work as being a product of their company. In addition to directly protecting your work, trademark law stops people who try to use your work to promote their products and services.

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