Many authors wonder, “Can I trademark a book title?” While you cannot officially register a trademark for a single book, you can trademark the name of a series (like Harry Potter, for example).
One of the most common questions about trademarks I answer on a daily basis is whether one can trademark a book title or not.
The short answer is this: You cannot trademark individual book titles as they stand alone. For example, if you write one, singular book called “I LOVE TRADEMARKS,” then you will not be able to trademark this title. Trademark applications typically do not cover single artistic works due to their unique nature. A single book’s title is generally protected by copyright, which is different from trademark law.
However, you can trademark a series title if you write a series of books using that title. 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.
What Does Trademark Law Say About Book Titles?
Trademark law emphasizes that a book title must serve as a source identifier for a product or service, distinguishing it from others in the marketplace. A title for a single book cannot be registered as a trademark because it is not used in connection with a broader brand or series. Titles for book series, however, can meet this standard, especially when the series of books collectively builds brand recognition.
If you’re considering trademarking a title, consulting a trademark attorney is highly recommended. They can help determine if your title can be registered with the United States Patent and Trademark Office (USPTO) and ensure it aligns with the requirements for trademark protection.
Examples of Registered Trademarks for Book Series
Harry Potter
The wildly successful Harry Potter franchise has, at the time of this writing, 54 live trademark registrations. These include not just the series title but also characters and terms unique to the Harry Potter universe. Such registrations cover a wide array of goods and services, ranging from books and movies to video games and amusement parks.
If there had been only a single book titled “Harry Potter,” it is unlikely these trademarks would exist. It is the fact that the series of books and movies includes titles containing “Harry Potter” that makes this protection possible.
Because of its massive popularity, trademarks play a crucial role in maintaining the series’ integrity. Without this protection, others could create unauthorized merchandise, leading to consumer confusion. Conducting a thorough search for any confusingly similar marks is an important step to ensure trademark eligibility.
Goosebumps
Another popular children’s book series that has successfully attained trademark protection is the Goosebumps franchise, now owned by Scholastic. A trademark search would reveal no potential conflicts with other singular book titles, allowing the unique protection of the Goosebumps series title.
The series and all its spinoffs total, at the time of this writing, 195 books. That number does not include the audiobooks, toys, or the 2015 movie starring Jack Black. Similar to Harry Potter, it is the series format that allows Goosebumps to be eligible for federal trademark registration.
Trademark attorneys often advise conducting a professional trademark search using tools like the USPTO’s TESS database or the Global Brand Database. These searches help identify potential conflicts and confirm whether a title can be trademarked.
Protecting a Book Title: Trademark, Copyright, or Patent?
Book titles are typically protected under copyright law, which applies to literary works. However, copyright does not extend to a title itself. To gain additional legal protection, authors might file a trademark application for a series title or other associated branding.
It is also worth noting that patents, governed by patent law, do not apply to book titles or creative works. A patent protects inventions and processes, not intellectual property such as titles or creative content.
Steps to Register a Book Title as a Trademark
To register a book title as a trademark, the title must meet specific criteria:
- The title must be part of a series or serve as a unique identifier for goods or services.
- Conduct a thorough trademark search to identify potential conflicts. A professional trademark search firm or tools like the TESS database can be invaluable.
- File a trademark application with the USPTO or your local trademark authority. The application should include details such as the filing date, the class of goods and services, and the intended use of the mark.
- An examining attorney from the USPTO will review the application to determine if it meets federal registration requirements.
While you can file an application on your own, seeking legal advice from a trademark attorney can help you navigate the process and avoid common pitfalls.
Common Issues in Trademarking a Title
Many trademark applications for book titles are rejected because the title may not be distinctive or is considered too descriptive. A title must serve the role of a brand to qualify for trademark protection. For instance, generic or descriptive titles like “My Diary” or “A Great Adventure” are unlikely to be approved.
Additionally, authors must demonstrate the intent to use the title as a source identifier for a series or other goods and services. Titles for individual book titles cannot be trademarked unless they are part of a series.
Why is Trademark Protection Important?
Trademark protection ensures that your book series and associated branding are exclusive, preventing unauthorized use that could harm your brand. For authors, this can include protecting the title for a series, related merchandise, and even digital content. The ® symbol is used to denote a registered trademark under federal law.
Trademark owners should monitor for potential infringements and enforce their rights to maintain the value of their marks. The USPTO and common law rights both play a role in protecting trademarks, but registration provides stronger legal advantages.
Consulting an Attorney
Trademarking a book title, especially for a series of books, involves understanding the nuances of trademark law. A trademark attorney can offer insights into federal trademark registration, the United States Patent and Trademark Office process, and the relationship between copyright and trademark protection. They can also guide you on using resources like the TESS database and help you ensure your title is not confusingly similar to an existing mark.
Further Reading
If you’re interested in trademarking a book name, you may also want to read these articles.
