Can you trademark the name of a book

Klems is the online managing editor of writers digest magazine. Just like the words cocacola call to mind a bubbly soda, the right. If you want to formally obtain protection for your comic book superhero character, follow these four basic steps. 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 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. The general rule is that book titles unless part of a series cannot be registered as trademarks.

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. By inserting a general word like book into their list of trademarked words, what is facebook trying to do. This is a hint at why most of the time you cant trademark. Are there any circumstances under which you would be permitted to use a trademark without the prior permission of its owner. You cant trademark your book title, except when you can small. Once youve come up with a strong mark, its time to make sure it isnt already in use. May 30, 2019 if you want to see if a title has been trademarked, you can use tess, the online search at the u. In this article, i will share with you valuable tips on how to determine the availability of a.

To their surprise, however, the answer is a resounding yes. Trademark and unfair competition law protects against confusingly similar usage of source identifying words and designs including book jacket design by another. The question itself is always asked with a doubtful tone, as if they already know the answer is no. Can you use a company name that has been trademarked answers. But you cant trademark the name of one single book. 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. How to get a trademark for a comic book superhero character. If you register your name as a standard character mark, your trademark business. 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.

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. 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. As with many things legal, the answer comes down to a general rule and an exception. 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. If the book includes illustrations, the digital file should reproduce them in color. For example, if you write one, individual book called i love trademarks, then you will not be able to trademark this title. When you dont need permission to use another owners.

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. Usually when we think of trademarks, brand name products come to mind, like velcro, vespa. What can and what cannot be trademarked startup savant. The character name and logo you choose must be unique, and they cannot infringe on another persons trademark rights. But, place the trademark on the book cover in hopes of boosting sales by. 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. If your name is mcdonald and you want to use your name for your new fastfood restaurant, you ll be seeing someone in court. Dont worry, unless youre a superfan or savant, no one gets this right.

But you can trademark a title, which may give you the protection you seek. 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. A wouldbe novelist named john smith who finds that theres another novelist by that name can use a middle initial or change his name. A trademark does not prohibit the use of the word name symbol altogether. If you ever see the letters tm after a name, this stands for trademark. The issue here is that the book is really focused on one show, not one. The arrangement of words in a book title cannot be trademarked. If you want to see if a title has been trademarked, you can use tess, the online search at the u. My question is, can i legally use this trademark the simpsons in my book title. How to make sure youre not infringing on a trademark. Sep 09, 2016 thats really the brand you need to protect. If you are writing a book, learning about s is vital. You can also register your name as a special character mark that. You are merely referring to zambonis own product, a zamboni ice resurfacer.

Dec 27, 2010 can i mention brand name products in my fiction. 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. Hi, a very informative read, especially for nonlegals. 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.

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. Trademark rights protect the logos, symbols and textual representations that uniquely identify goods in commerce. The issue here is that the book is really focused on one show, not one genre, or even subgenre. You cannot trademark the name of a single creative work. Notably, they protect the name in relation to publishing.

The answer to that question can be complicated and rests in two fairly different areas of intellectual property law. Agents, as their name suggests, procure publishers. 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. 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. You trademarked your brand or company name and you can use a trademark symbol going forward.

You must also meet specific requirements to trademark your name with the u. Sep 06, 2019 once you ve come up with a strong mark, its time to make sure it isnt already in use. Now, its time to get into what trademarks actually are, so that you can understand what can and what cannot be trademarked. I recommend that those starting out as writers search for other writers using the same real or pen name. Therefore, to trademark a name, you must be using it in commerce, or you must intend to use it in the near future.

But if youre name is joe smith from smalltown, usa you have a bit of work ahead of you. Yes, you can do it yourself, but its better to have an intellectual property attorney help you. So, how to write animated comedy tv shows is not the focus of my book, and thus a somewhat inaccurate title. Writers frequently ask whether they can mention brand name products and services in their fiction. Names of businesses, organizations, or groups including. Secure your brand with trademark factory riskfree, guaranteed. If another company has already trademarked your company name, you will be unable to trademark the name yourself. 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. It can be done, but first, ask yourself why you want to spend the money and time to trademark your name. So the ttab is saying that title is a synonym for name, which isnt very helpful. May 20, 2008 while you cant a name, you can get sued for identity theft. Examples of commercial purposes include advertising, merchandise, and presentations. Some ways that you may use the word name symbol while avoiding trademark infringement include.

Patent and trademark office thinks the duplication of titles would be confusing or would dilute someones brand. 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. Processing time can take upwards of six to 12 months with the uspto. A trademark is a feature unrelated to the characteristics of your products or. A trademark cannot be used for a commercial purpose without permission from the owner. Selecting and protecting the title of your book how to use. 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. 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. Writers often look at trademarked products or song lyrics or bits of poetry and ask, can i put this in my book. Id also like to take up this opportunity to tell you that i. Trademarks give you an exclusive right to use certain words, phrases, symbols, or. 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 cannot use the for dummies trademark in a book title because that would cause consumer confusion about who is creating that book. If by use a company name, you mean refer to a company name that has been trademarked, e. Avoid a name that is too similar to another comic superhero, as this. Heres why you cant a book title, but why you can probably trademark that title. You cant trademark your book title, except when you can. If not in the title, what about in my book s pages. I have a burning question which i cannot get any answers to a wonder if you can advise. 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. 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. Processing time can take upwards of six to 12 months with the.

I have decided to create a couple works to market on amazons kindle. Without googling, can you name the publisher of catcher in the rye. 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. If another company has already trademarked your company name, you will be unable to trademark the. Even though my reference to their name was in no way derogatory. 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.

Oct, 2009 so no, you cant a title to a book, song or movie. Clients oftentimes call me to ask if they can get a trademark registration on a common word or a common phrase. Heres an article about the topic trademarks for book titles can you get one. Examples of names that have been registered are jamie.

Trademarks give you an exclusive right to use certain words, phrases, symbols, or designs to identify your business. However, you can trademark a book title if you write a series of books using that title. Thats great news, but knowing when and how to use that symbol can be confusing. There are any number of reasons an author might use a pen name, and most of them are business related. This is a hint at why most of the time you cant trademark your book title. The answer is yes, provided that you take some common sense precautions. If you want to trademark joe smith for your burger joint, youre going to have to do some work to. Trademarking of sarah palin, you can trademark your name. 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. Authors, heres how to protect your work with a trademark. 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.

According to the courts this kind of use is considered fair. 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. 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. If your name is distinctive and unique you can apply for trademark registration. For example, if you write one, individual book called i love trademarks. One of the most common questions about trademarks i answer on a daily basis is if one can trademark a book title or not.

A great title can contribute tremendously to a books success. Also, publishers can get pretty angry if you try to pass yourself off as someone famous like j. Use of trademark names in fiction daily writing tips. 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. A trademark is more difficult to get than a, but you might be able to trademark a book is the u. This animated video explains how trademarks, patents. 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. A trademark is a piece of intellectual property that allows you to brand something so that.