Table of Contents
Written by : Angelena Kreiter
Current : 3351
Write a comment
Write a comment
can i use a book title as a trademark i get this question a lot so i wanted to cover it here i'm angela langlotz trademark and copyright attorney smash the like button and be sure to share this video if you think other people might find it useful i go live here every weekday to talk trademarks and copyrights so i get this question a lot i got this question just yesterday as a matter of fact can a book title serve as a trademark and the answer is no it can't it's specifically excluded and there's a reason why so we don't register descriptive marks and the title of a book merely describes the title of the book right it's not used as a trademark remember that a trademark is a source identifier so a trademark for example tells you what company those particular goods and services come from and a book title standing alone doesn't do that it doesn't tell you what company is publishing the book now on the other hand here's a way to get around that on the other hand if you have a series of books you can register a trademark for that why because it's not the title of a singular work there is actually a series i.e more than one book that has that brand on it so it allows us to know what company is producing that that series of books for example this is chicken soup for the soul right so if you look really carefully you can actually see there is a little circle r i'm doing this backwards here right here let me just get a little bit closer you can see there's a little circle r right below that chicken soup for the soul uh it's a it's a registered trademark and there are all kinds of chicken soup for the soul books and they put it also on the spine you can see it says chicken soup for the soul and there's a little circle art it's just really hard to see on camera so if you have a series of books you can absolutely register a trademark for that but not a single work so please don't try to apply for a trademark application based on the book title it will be refused because it's not serving as a trademark i'm angela langelott's trademark and copyright attorney and you can find me on youtube just search trademark doctor which is my brand and you can also find me here on facebook and also on the internet at trademarkdoctor.net if you have questions drop them in the comments below and i will answer those on a future live video
Thanks for your comment Merlyn Mullis, have a nice day.
- Angelena Kreiter, Staff Member
hey everybody andy nelson so the question is can you trademark your book title your book title okay the short answer is no you can't do it and here's why what do trademarks do they are symbols of a brand they point to a single source of goods or services so think about this way does a book title point can you think of a particular publisher you may not even know the brand but do you think of it as coming from one particular source most likely that's not the case book title identifies the book itself not the source of goods or services i don't mean the author the author yes it identifies the author maybe but that's not really the source of goods or services that's like blank publisher or what have you so book titles really don't do that um and so therefore they can't really function as trademarks with a few exceptions one exception is if the book title is part of a series so the most common example that i give is the blank for dummies series right you see the four dummies you know fill in the blank subject matter in advance that four dummies kind of title gets uh you know pumped out there over and over and over again and so that sort of title as part of a series can function because as a trademark because it does point to a single source you think of a single source as producing those four dummies books and then it's companion somebody else doing it or who knows maybe it's his own company doing the blank for idiot series you know with their orange and white uh kind of coloring on the book and four dummies being yellow and black um so those sorts of cereals there's probably other examples as well that's one example other example is if the book title is actually used to identify products or services that aren't it's not the book itself oddly enough can function as a trademark so i'll use john steinbeck okay so grapes of wrath here this is great one of his titles uh if you use grapes of wrath or somebody uses grapes of wrath to put out uh i don't know let's say how about notepads okay or how about wine or something like that okay you start the consumer starts making the association between that title and those other sorts of products um coming from one source yeah then the association starts to get made and you've got trademark functioning not just identifying the book itself so that's kind of the other example of how a book title could take on trademarks to any significance but not in connection with the book itself anyway uh i hope that wasn't too confusing i hope that cleared it up some again think about the function of trademarks they have to identify be a symbol of a single source of goods or services and book titles typically don't do that so anyway any questions about this video drop me a note uh drop a comment if you know someone else who has been dying to know the answer to this question feel free to share this video with them alright until next time i'll talk soon bye
Thanks Billye your participation is very much appreciated
- Angelena Kreiter
About the author
I've studied sociology of the family at Colgate University in Hamilton and I am an expert in pedology. I usually feel calm. My previous job was orthodontic assistant I held this position for 26 years, I love talking about vintage cars and trap shooting. Huge fan of Wayne Carini I practice scuba diving and collect basketball cards.
Try Not to laugh !
Joke resides here...