You can definitely use the trademarked word as the title of your book. The way to choose a domain name that satisfies your own marketing needs and doesnt get in the way of anybody elses trademark rights is to search as many existing trademarks as possible, spot possible conflicts and then pick a name thats unlikely to generate a nasty lawyers letter. The arrangement of words in a book title cannot be trademarked. The use of a trademark in a book title is not trademark infringement unless there was some publishing or authoring that was the. If it is, then no, you cannot use its name for a book title. Can you use a company name that has been trademarked. Basically, if you log into facebook, you are no longer allowed to use the word book without checking with the lawyers at facebook first. Using a trademarked name in a book title legal help. In terms of using it in the title on your book cover, maybe be careful, because they may have a trademark over the image of the words font, capital letters, etc. As an example, my book is basically something like, how to write the simpsons my question is, can i legally use this trademark the simpsons in my book title. 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. Registration for trademark protection is generally limited to brand names, slogans and logos used in commerce. 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 brand.
Use of trademark names in fiction daily writing tips. Also i would like to use the trademarked name in the description of the app a few times keyword search optimization but i would put something like app is. The title of a single work of authorship or creative work, such as a novel, is not eligible for trademark protection, but trademark protection may be available if the title is used to identify a series of such works. A wouldbe novelist named john smith who finds that theres.
It is one of the most famous trademarks in the world of childrens. The title of a single work of authorship or creative work, such as a novel, is not eligible for. We use licensed attorneys and trademark agents to help you register your trademarks around the world with a free comprehensive trademark search, for a single allinclusive flat fee, with a 100% moneyback guarantee. They may be found under titles such as trademark policy or branding policy. 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. In another example, fox news trademarked the term fair and balanced in 1998, but they cant stop someone from using that term in a book title, as al franken did in his book. 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. According to the courts this kind of use is considered fair. However, you can trademark a book title if you write a series of books using that title.
Possibly you might be able to trademark a name thats already in use if your product or service is completely unrelated from the existing. Can you use the same book title thats been used before. Seuss is, in fact, the fictitious name of the late theodore geisel. While the laws vary from state to state, here, again, in order to prevail, a plaintiffauthor will likely have to prove. They have trademarks on bart simpson, on doh, on duff beer. The issue here is that the book is really focused on one show, not one genre, or even subgenre.
Oct 23, 20 protecting a title under trademark law requires using the title as a trademark, which means the title needs to be a brand, a source identifier used on goods or services offered for sale in the. A great title can contribute tremendously to a book s success. Registered my book in copyright, but someone else has the. Can i trademark a name that i know a business is already using without a trademark just. You can find general language for a disclaimer online, or by looking at the page of a published book that makes liberal use of trademarked words or phrases. This doctrine includes informational, editorial, and comparative purposes. 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. I am not a lawyer but i will attempt to explain to the best of my knowledge, and any actual lawyers are free to contradict. Registering your trademark in that brand name will make sure that other people cant also use it as a brand name although they could also. The first place to go for possible conflicts is the. There could be millions of books with trademarks in the title. However, if you have other title ideas that arent already in use, id recommend considering a changeif only to alleviate confusion in the marketplace down the road. 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.
Similarly, most states have laws forbidding passing off, which is a form of unfair competition. 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. Writers frequently ask whether they can mention brand name products and services in their fiction. Davd147 may be well intentioned, but he is not an attorney and does not know what he is talking about. Dec 27, 2010 writers frequently ask whether they can mention brand name products and services in their fiction. So since my title has apparently been trademarked already, does that mean i cant use that title.
May 30, 2019 in another example, fox news trademarked the term fair and balanced in 1998, but they can t stop someone from using that term in a book title, as al franken did in his book. A wouldbe novelist named john smith who finds that theres another novelist by that name can use a middle initial or change his name. Folks, you can properly use use trademarks in book titles, just like the for dummies series uses literally hundreds of trademarks in its book titles. 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. Every use of a song title or lyric is unique and has its own special circumstances such as whether a or trademark has been filed, the manner of use, the context of the use and more. A title of a single work refusal is when the uspto refuses registration of a mark because the sample of how the mark is actually used the specimen or other information in the record shows the mark being used solely as the title of a single creative work, such as a book title, and not as a trademark. May 05, 2015 a great title adds a lot to the success of a book and and becomes an important asset to your intellectual property as well as your income.
Is it legal to use other games title word in my games name. Klems is the online community editor of writers digest magazine. You also should watch out for words that have slipped into normal speech as generic words but actually are brand names that should be capitalized. I am not a lawyer but i will attempt to explain to the best of my. Selecting and protecting the title of your book how to use.
If not in the title, what about in my book s pages. How to avoid copyright or trademark violations in your self. And if you find success, you could qualify for trademark protection. You probably cant title a book the bulletproof diet because it infringes on a trademark not the. The law is clear that you cannot trademark individual book titles, but a. I say that because a games title can be trademarked, while the assets of games can be ed. They could argue also something like you are passing off misrepresenting your work as being a product of their company. Trademark rights protect the logos, symbols and textual representations that uniquely identify goods in commerce. Recently, a romance writer managed to obtain a trademark registration for the word cocky in connection with a series of romance books, effectively giving herself a monopoly over a. Can i use a registered trademark in the title of a book im writing.
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. At the point that your book title becomes a brand, it operates as the identifier of the source of all of the fabulous goods and services you offer under that brandconsulting, appearances, blogging, etc. It is one of the most famous trademarks in the world of childrens literature, and a title such as you propose is potentially trademark infringement and almost definitely trademark dilution. It can also create opportunities for multiple passive income streams from licensing the sale of book related merchandise and paraphernalia. I recommend that those starting out as writers search for other writers using the same real or pen name. For example, the term bulletproof is trademarked in the health and fitness space by dave asprey. In the example above, the name i love trademarks could be trademarked if you wrote more than one book with. Jun 15, 2015 while individual book titles cannot be ed, dr. So if you use the title of your book as the title of your blog, column, etc. As for whether or not its a good idea to go with a title thats already been usedand in the same genre, no lessthats a question best suited for your editor.
Because i want users looking for an app like this to know what is it for, i would like to use the trademarked name of the product as part of the app title, for example. Avoid trademark infringement when you choose a domain name nolo. 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. Under the fair use doctrine a trademark may be used without permission for commentary or criticism as long as the purpose of the use is not the same purpose of the trademark e. The names are separated into different categories, but theyre all pretty straight. Registering your trademark in that brand name will make sure that other people can t also use it as a brand name although they could also. Title of a single work refusal and how to overcome this. You cant trademark your book title, except when you can. Can i use a trademarked name in a book title fiction. Think of star wars or harry potter good luck using those names in your title. This way, you can secure your competitive advantage and own your legacy with a guaranteed result for a guaranteed budget.
At the same time, the concept or the gameplay of a game is a more difficult matter. Trademark basics trademark registration and advice. Oct, 2009 so if you use the title of your book as the title of your blog, column, etc. Also, ive heard that it isnt legal to use trademarks in a book, yet i. Can i mention someone elses trademark on my website. I mention three book titles in one sentence in the chapter as part of a dialog. Trademark law, by preventing others from copying a sourceidentifying mark, reduces the customers costs of shopping and making purchasing decisions, for it quickly and easily assures a potential customer that the this item the item with this mark is made by the same producer as other similarly marked items that he or she liked or disliked in the past. A title of a single work refusal is when the uspto refuses registration of a mark because the sample of how the mark is actually used the specimen or other information in the record shows the mark. We use licensed attorneys and trademark agents to help you register your trademarks around the world with a free comprehensive trademark search, for a single allinclusive flat fee, with a 100% moneyback.
A great title adds a lot to the success of a book and and becomes an important asset to your intellectual property as well as your income. 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. Possibly you might be able to trademark a name thats already in use if your product or service is completely unrelated from the existing, registered version and theres little to no chance of consumers being confused and thinking its the same company. 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. A trademark does not prohibit the use of the wordnamesymbol altogether. But the real question is whether its ever useful, and the answer to that is almost always no. A domain name isnt automatically yours because you trademarked a name in business.
Mar 28, 2019 you can find general language for a disclaimer online, or by looking at the page of a published book that makes liberal use of trademarked words or phrases. May 25, 2018 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 brand. You trademarked your brand or company name and you can use a trademark symbol going forward. In another example, fox news trademarked the term fair and balanced in 1998, but they can t stop someone from using that term in a book title, as al franken did in his book. So since my title has apparently been trademarked already, does that mean i can t use that title.
Agents, as their name suggests, procure publishers. Oct 28, 2007 you can t a title meaning you can use the name of the restaurant in the title of your book as long as there is no reasonable expectation that someone could confuse your work with the restaurant, of coarse if you really want to be sure you could call it spago. This name generator will give you 10 random book titles for one of 10 genres based on your choice. And other people can use your trademarked name in another site title in some situations like.
Because zamboni would likely think your use of the trademark constitutes infringement. Trademark lawyers call this nominative fair use, and it does not. While the laws vary from state to state, here, again, in order to prevail, a plaintiffauthor will likely have to prove that her title has acquired secondary meaning andor that the defendant adopted his confusingly similar title with the intention of deceiving book buyers into believing that. According to, a trademark can create opportunities for multiple passive income streams from licensing the sale of bookrelated merchandise and paraphernalia. Thats great news, but knowing when and how to use that symbol can be confusing. Properly selected and maintained, your books title can be your most valuable intellectual. Protecting a title under trademark law requires using the title as a trademark, which means the title needs to be a brand, a source identifier used on goods or services offered for sale in the. So the ttab is saying that title is a synonym for name, which isnt very helpful.