Can i trademark my book title [Expert Advice]

Last updated : Aug 19, 2022
Written by : Isaias Zolman
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Can i trademark my book title

How much does it cost to trademark a book title?

Updated November 16, 2020: How much does it cost to trademark a name? The current fees for the USPTO for an electronic application range between $275 and $325 for each class of goods and services.

How do you register a title of a book in a trademark?

  1. Select the name of your series.
  2. Do a Trademark Search.
  3. File the Application with the U.S. Patent and Trademark Office.
  4. Track the progress of your application.
  5. Achieve Registration.

How do I protect my book name?

By registering the copyright to your book with the U.S. Copyright Office, you protect your ability to enforce your rights over your book against any infringement of those rights. You can do this yourself or simplify the process by using a service.

Is book titles protected by trademark?

Trademark Protection for Literary Titles Titles of Series of Literary Works: Titles of series of books, periodicals or newspapers function as a trademark to indicate that each edition comes from the same source as the others and such titles can be registered as trademarks; and.

Can I use a book title that already exists?

Much like names, slogans, and ideas, titles are not protected by U.S. copyright laws (which is why so many books have the same titles).

Can my book have the same title as another book?

Titles cannot be copyrighted in the United States. Therefore, two or more books can have the same title. However, if you use a title that is the same or very similar to another book, it makes it hard for your title to stand out.

How can I copyright my book for free?

How can I copyright my book for free? You automatically own the copyright to your book for free the moment you write down the text. If you want the added legal benefits of registering your copyright, you must pay at least a $45 fee with the US Copyright Office to go through the process.

Are book titles subject to copyright?

In general, book titles are not eligible for copyright protection. The U.S. Copyright Office views book titles as “short slogans,” not intellectual property. The underlying theory to this notion is that there may be other instances where the same or a similar title is equally appropriate.

What if book title is taken?

Some titles can be registered as trademark (particularly the title of a series of books), and even if a book's name is not explicitly trademarked, the copyright owner could still sue someone for publishing a similar title if the intent was to trick the public.

Can two different books have the same name?

When it comes to copyright law, book titles are not deemed to be copyrightable. It has been decided that names, titles and other short phrases do not meet the requirements. As long as the words and phrases inside the book itself are not copied or adapted, there is no danger of copyright infringement.

Can you patent a book?

Before we dive in, here's a quick overview on patents and copyrights: a patent protects inventions and designs, like engines or a phone casing, and a copyright protects original artistic and literary works, like songs or books.

Can a book have two titles?

A short (non-historical) answer: two titles or a compound title like "Varney the Vampire - Feud of Blood" can be used in a (intended) series for its recognition value. Otherwise it has often the opposite effect: remembering a book title becomes harder.

What title should I name my book?

  • Use a book title generator tool.
  • Write down the problem you're solving.
  • Create a subtitle to clarify.
  • Make it memorable.
  • Make sure it's genre-appropriate.
  • Create it to stir intrigue.
  • Include your character in the title.
  • Get feedback from your target audience.

Can a book and a song have the same title?

In the U.S., titles can't be copyrighted. Take a look at my titles: only one isn't named after a song, or something music-related. They can effectively be copyrighted if the title is also part of the lyrics - as in the example I gave. Even so, it still will be up to a court to decide if anyone decides to bring suit.

When should I copyright my book?

A literary work is copyrighted as soon as the words are written down, typed, or otherwise recorded. Therefore, copyright protection for your novel begins as soon as you have written it. You do not need to place a copyright notice on your book or register it with the copyright office to receive copyright protection.

How long does a book copyright last?

The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years.

How do I protect my book idea from being stolen?

To protect written ideas and stories, apply for a copyright from the U.S. Copyright Office and pay the $30 fee to register your work. If you have a script, you can register it with the Writer's Guild of America. Just submit it to them with a check for the fee, which is less than $25.

Are book titles intellectual property?

Titles aren't considered intellectual property but are only "short phrases," which are not eligible to be copyrighted. The Copyright Office doesn't want titles to be restricted to one book; there may be other works in which the title may be equally usable and appropriate.

What is the difference between copyright and trademark?

Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.

What if another author has my name?

Yes, you can write under your real name. Such use is not trademark use all on its own. It matters not whether there are other authors by the same name.

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Can i trademark my book title

Comment by Peggie Andrion

hi everyone my name is Marcela Dominguez and I welcome you back to my channel where I teach you everything you need to know about trademark registrations trademark renewals and trademark office actions some very popular book series include Harry Potter The Chronicles of Narnia Lord of the Rings so if you are an author and you are already thinking about how you're going to protect your book title then you need to be thinking about a series of works that you are going to create because in order to register the title of your book you are going to have to have a series this also goes for other creative works like audio recordings CD recordings any type of visual recordings so I want to make sure that it is clear and I have not left a single doubt in your mind that in order for you to be able to protect your book title that you need it to be a series I want others out there to know this rule before they come to an attorney expecting that single creative work to be protected it will save you a lot of headaches and probably most of all it will save you a lot of emotional distress people come to attorneys expecting that they're going to be able to protect their material off the bat and trust me I want to do my hardest to be able to do that for you but in order to provide you the best service I also want to make sure that you are aware of the rules and the laws the regulations that are currently in place and that dictate what we can do for you because we can only go do for you as much as the law allows so if the law says it has to be a collective series then that's all that we can do and we cannot override that law if you're an author and you're already thinking ahead about what you're going to do to protect your creative works then please keep in mind that you should have a series established or you should be thinking about creating a series so if that helps them please give me a thumbs up below subscribe to my channel so that you will be notified when I release important information that's in this video that's going to help you in your journey to becoming a best-selling author

Thanks for your comment Peggie Andrion, have a nice day.
- Isaias Zolman, Staff Member

Comment by chipmunks8m

1 angela lang lot's trademark and business law attorney here going live like I do every weekday to talk about trademark law today I would like to talk about registering a trademark for a book title now people often call me and they want to know Angela how do I register a trademark for my book title well the bad news is you can't trademarks remember our source identifiers now a book title is just a book title it doesn't identify the source of the goods and services in a sense it's a little bit it's a little bit descriptive because it just names the book but it doesn't tell you anything about the source of the book or who's publishing the book so a book title doesn't serve as a trademark in that sense the way to title a book so that you can actually register the trademark is to have a book series now think about this there are a couple of examples that are well-known that have the title of the book that's also the brand of the series think about for example the for dummies series now the for dummies series is a series of instructional books about just about anything you can imagine from you know balancing your personal finances to how to play tennis if you want to learn how to do something you go and you buy a for dummies book they own the brand so the brand is owned by John Wiley publishers and that brand is associated with John Wiley so we know when we're buying a for dummies book the source of the goods and services John Wiley publishes it and on one of their trademark registrations it's actually for dummies a John Wiley brand or something like that anyway John Wiley has chosen to associate the for dummies brand with their company with that source of the goods or services another example is the Chicken Soup for the Soul seer there is a whole series of sort of inspirational slash self-help books published under the Chicken Soup for the Soul trademark and every title of the work that they put out they put out CDs they put out you know ebooks they put out print books every title includes the words Chicken Soup for the Soul so that does serve as a source identifier the publishing company that publishes it is the same name its Chicken Soup for the Soul publishing LLC or something like that but again it's not just the title it is a source identifier which is what trademarks are intended for they're intended to help consumers distinguish the source of the goods and separate one company's goods from another company's goods if you want to learn more about how to register your book as a trademark you can contact me even if you don't have more than one book written I know ways to get that done you can find me online at Rademacher sorry it's Friday and I've run out of words trademark doctor knit or and you can also contact me via my space book page at forward slash trademark doctor I'll see you later

Thanks chipmunks8m your participation is very much appreciated
- Isaias Zolman

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