Have you ever noticed that a lot of books will have the same title? And yet, I get asked this question pretty often: “How do I trademark my book title?” The simple answer is this: You can’t. But nothing is ever simple, is it?
When it comes to trademarking book titles, copyright, and fair use, there’s a lot of confusion. And it’s super important to understand what each of these means and what they actually cover. I recently wrote a blog explaining book copyrights. In this post, I’m going to explain trademarking book titles to clear up the confusion there too.
Trademarking Book Titles Isn’t Allowed. Unless it IS.
You’re probably thinking that I just told you I was going to clear up any confusion you may have about trademarking book titles, and then I hit you with this heading. Well, it can be confusing unless you know the ins and outs of trademarking book titles. In reality, there are not many legitimate reasons for trademarking a book title.
“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. May 25, 2018”
Some Examples of Legitimate Trademarking (Notice These Aren’t Individual Titles)
First off, you can’t, as I mentioned above, trademark a book title. Unless it’s part of a series. I’ll use the Nancy Drew books as an example. Each individual book has a different title but the series they fall under is Nancy Drew. When you think of Nancy Drew, you probably think of the title character or the franchise and not an individual book, right?
Nancy Drew is a trademarked series. If you search the phrase: is Nancy Drew a trademarked book title? This is the result you get: “NANCY DREW® is a registered trademark of Simon & Schuster, Inc., used with permission.”
Other examples of trademarked titles and characters include:
- James Bond (the character and book titles)
- Chicken Soup for the Soul (a book series with spin-offs and specific themes)
- Harry Potter (the series, characters, and products)
Are you seeing a pattern here? These works and characters all fall under the umbrella of their trademarked titles despite how many books are written or adaptations are made. One thing you’ll notice when researching trademarked book titles is that most of these trademarks aren’t even owned by the authors themselves. They are owned by media companies, publishers, and conglomerates. The cases of authors owning a trademark on a book title are very few.
When Trademarking a Book Title IS Okay
- You’ve created a character or series title like Chicken Soup for the Soul
- You’re planning on using your title character as a logo for your brand and advertising
- Your goods and services are directly linked to your book title
- A logo directly linked to the book
- You teach a series of classes with the same title as your book
When it’s NOT
- Terms in a title or series that are considered fair use
- A singular book title or character
- An idea or concept
Reason for Trademarking Book Titles
According to Goldstein Patent Law’s website:
“The primary purpose of trademarks is to prevent consumer confusion by ensuring two similar businesses do not operate under the same name or symbol.”
Generally speaking, anything you’re concerned about protecting by trademarking a book title is already covered under your book copyright. And FYI, even a registered copyright doesn’t cover book titles. Just the work within. Trademarking a title is almost never necessary. Unless you’re building an entire business off your book title or series and plan on linking goods and services (think teaching methods, courses, merchandise, etc.) to your trademarked title or character, then it’s probably not worth your time.
If you wanted to create a system or method of doing things and wanted to turn it into an informational series and maybe even have products attached to the trademark then you may want to consider trademarking your book title. The best person to consult you on this decision is an IP attorney.
Here’s an example of a legitimate trademark on a title: You’re creating a series of lifestyle, productivity, exercise, or self-help books under the umbrella of The Maxwell Method. You title each book in the series The Maxwell Method and the subject is in the subtitle. Such as: The Maxwell Method: Treating Your Body as a Temple, and The Maxwell Method: Organizing Your Home for Better Productivity. You also plan on selling courses and merchandise branded as The Maxwell Method. In a case such as this, trademarking a book title (The Maxwell Method) would be in order.
Ask Yourself WHY You Want to Trademark Your Book Titles
As mentioned above, trademarking book titles in most circumstances isn’t necessary and could be a waste of time and cause you more hassle than help. If you’re thinking of trademarking a book title so you can own a term, concept, or idea, then it may be a case of putting the cart before the horse. You’ll need to put your plan into action: publish three books in the series for example, or teach several classes under the umbrella name before you’ll be granted your trademark. As great as an idea is, you’ll need to show legal precedent for a legitimate trademark.
Here’s another example, a while back there was a case of a Romance writer who tried to trademark the term “cocky.” They had used the term in their title and clearly wanted it for themselves. But the Romance Writers of America (RWA) took the issue to the Writers Guild. The term “cocky” was already considered fair use and the Writer’s Guild challenged the trademark and came out on top. In other words, the Romance author couldn’t claim all rights to the term and other authors could use it freely.
I hope this clears up any confusion about trademarking book titles and when and why it would be necessary. Or NOT necessary. Make sure to click the links in this post for specific examples.
