Trademark Protection for Book Titles

Trademark Law

Shifts in technology have revolution the literary publishing industry. What was once an accomplishment of the very few, publishing and distributing a book, is now possible for anyone with the drive to complete it. This causes many people to ask about protecting the intellectual property of their literary work. Two types of protection are important: copyright and trademark.  Authors should take the step of obtaining formal copyright registration. For a discussion on trademark issues, continue reading.

Trademark protection for literary titles of single works is unique in trademark law. Specifically, literary works are given trademark protection only upon a showing of secondary meaning. This is true despite the fact that the title of book is not descriptive of its contents. The title of a single literary work cannot be registered as a trademark with the United States Patent and Trademark Office. However, courts will protect unregistered titles from confusingly similar uses under the Lanham Act.

A series of creative works, however, such as the title of a series of books, periodicals, or newspapers, title of a magazine, television series, or related movies, can achieve trademark registration.

In fact, the title of articles within a periodical can achieve registration with the USPTO. Hard copy articles can achieve registration  if they are sold separate from the periodical, or if they have achieved secondary meaning. Article titles and sections on the internet, however, are registered as a service mark because they can exist independent of any publication.

If you are in the process of publishing a book, or series of literary works, contact our trademark law attorneys today for a free consultation on protecting your intellectual property.  

 

Extra, Extra!
Recent Posts

Can You Claim Your Dietary Supplements are “Healthy” on the Packaging?

Can You Claim Your Dietary Supplements are “Healthy” on the Packaging?

Corporate

The answer is legally complicated since the Food and Drug Administration (“FDA”) has defined the term “healthy” to apply to foods, not dietary supplements. On the other hand, in some circumstances, certain types of oils — like olive oil — are now eligible to use the “healthy” label. Thus, if your supplement is an oil […]

Read more about Can You Claim Your Dietary Supplements are “Healthy” on the Packaging?

Avoiding “Naked” Trademark Licensing With Superior Licensing Agreements

Avoiding “Naked” Trademark Licensing With Superior Licensing Agreements

Trademark

If nurtured properly, trademarks can continue to function indefinitely, bringing continued and increasing value to the owners. There are, however, ways that trademarks can be “lost.” As an example, a trademark can be abandoned through lack of use or can be lost to the general public through the process of genericide. That happens when the […]

Read more about Avoiding “Naked” Trademark Licensing With Superior Licensing Agreements

Put Revision Legal on your side