How to Trademark a Book Title
Human beings have been writing books for thousands of years. The desire to create a great story will probably never cease. Because, as Joan Didion said, “We tell ourselves stories in order to live.” It’s an essential, timeless aspect of the human condition. Who knows, someone may be writing the next great American novel right now in the basement of their parent’s house. Or, the latest breakthrough in business strategy and success may be getting captured on the page in the office of a Wall Street high-rise. Regardless of how or why authors dedicate themselves to storytelling, they continue to do so. And, book writing can be a very valuable endeavor.
Let’s say you’ve decided to sit down and write your book. As an individual or business, you ought to encourage yourself to write the book you’ve always wanted to read. At the same time, you’ll want to make sure no one can steal the content or the title. Whether you are just in the idea stage or putting the period on your last sentence, one thing authors should consider is how to protect the value of the work they’ve created.
How the Heck Do I Protect My Book?!
The good news is that you can protect the content of your book with copyright registration. If you are curious to learn more about how to file a copyright, we’ve got you covered in this article. What about the title of the book? Anyone who writes anything knows that the title is one of the most important parts of any work. Your title functions to capture the reader’s attention and draw them in. It’s the name of your very special creation! You want your book to flourish, to grow, to impress, to make people jealous. It needs protection in order for that to happen.
Many authors wonder if they can trademark the title of their book. It may come as a surprise, but you actually can’t! Not usually anyway. According to the often confusing laws regarding intellectual property in the United States, authors can only trademark the title of a book series.
Is there a good reason for this? That’s up to you and how you define “good.” Regardless of whether it makes sense, the United States Patent and Trademark Office (USPTO) does not view a single book title as a brand. In the eyes of the government, trademarks identify goods and services and a series of books meets that definition, while a single book does not. As with other trademarks, the USPTO requires the name of a book series to be unique and distinct enough to avoid a likelihood of confusion with any other title. To make it simple: a book series is legally defined as a brand, but a single book isn’t.
Ever Heard of The Lord of the Rings? | How to Trademark a Book Title
When trademarking a book series, the title of the series has to be separate from the individual titles of the books in that series. The relationship of the individual book titles to the series defines it as a brand, and thus qualifies for a trademark. One example among many is The Lord of the Rings book series by J.R.R. Tolkien. The individual book title The Hobbit cannot be trademarked, whereas The Lord of the Rings can be.
Ok, so you’ve now decided to become the next J.R.R. Tolkien. Awesome. The world needs more stories about fantastical adventures involving alternate universes. That’s how we get through the grim reality of our actual lives. Maybe you want to write several books on how to become a top contestant on “Shark Tank.” If you intend to create a book series or if you’ve already published a series, you are now able to register for a trademark.
In order to trademark a book title and protect the name, you must demonstrate that the name has not already been trademarked. Authors who trademark their titles get the highest level of intellectual property protection. It blocks fellow authors from using the same title. Additionally, trademarking a book series title gives authors legal ownership and exclusive rights to use the name. This way, when Hollywood comes calling, you can wheel and deal with the best and not have to worry about thievery.
Register Before Publishing or Not!
Ideally, authors should file their book series title trademark application prior to publication of the work. By commencing with the trademark application before publishing, authors can reserve the title. This action also provides authors with confirmation that the title is not infringing. Moreover, it ensures they have achieved the necessary branding to complete the trademark process. Now, look, we understand that not everyone has this kind of incredible foresight. No worries! All is not lost. You can still go forward with trademark registration after you’ve already published.
How long is the trademark registration process? No doubt, it is too long, that’s just how things go with the USPTO. The trademark process for a series of books typically takes more than 12 months or a year. Once the application is submitted to the USPTO, an examining attorney – who may or may not be a grinch – is assigned to the case. This person will decide if the chosen name qualifies for registration. Any existing usage or registration of the same or similar title may lead to a rejection. If the name of the series qualifies, the title will be “published for opposition,” which means anyone who may wish to oppose the trademark has 30 days to do so. If you need a band name for a group of prog-rock dudes in their 40s, consider using Published for Opposition.
Yes, Adults Need to Do Homework, Too
Do your homework! Authors who wish to trademark their book title need to engage in an extensive search of the USPTO database. The series name has to be unique and conducting an exhaustive search of existing names will give authors a reasonable amount of certainty regarding that uniqueness. Do more homework! You must also intend to use the title in question as part of a series and evidence must be provided that supports that intention. After authors search existing marks and find that the name they wish to use is unique and available, then they can file their trademark application with the USPTO. Now, we’re getting somewhere.
Everyone has goals. Goals are healthy. Some people want to lose weight, others want a third leather jacket. The goal with any trademark application is to minimize the risk of any possible future conflict. Authors need to have the title of their book series, a description of the goods and services at hand, and/or a logo. From there, they can create a viable strategy for trademarking, which includes the budget and the intended audience or demographic.
You need to be a good little hunter-gatherer. With all of the necessary information and materials gathered, applicants can start the trademark process with the USPTO. During the examination period, the USPTO will assess if the application satisfies any and all requirements per the Federal Trademark Statute. If all of the requirements are met, the trademark will be granted.
Newsflash: The USPTO Can Be Unfriendly
Warning! Or, take heed! Or, just be aware of what will probably happen. Authors should take into consideration that around 80% of trademark applications are not approved. If the application is rejected, the USPTO examining attorney will communicate that with the applicant. They will issue reasons for rejecting the application and request a response to each reason and/or additional information. That’s right, the trappings of bureaucracy are all around us.
What about classes? That doesn’t mean more school, if that’s where your mind went. The two classes of products and services primarily used for books are International Class 9 and Class 16. The USPTO Class 9 pertains to books that can be downloaded, while Class 16 is for printed books or paper goods. The trademark application for the name of a book series will be filed in these two classes.
Money and Status: Our Favorite Topics
Now, we get to the money part. The part you’ve been waiting for. The part that lets you know how much or how little you should wince. When applying for a trademark, applicants should factor in the cost, obviously. Each class of goods or services costs $250. The TEAS (Trademark Electronic Application System) Plus filing option is for products or services that are already approved by the USPTO, which books would fall into. As mentioned above, the application process takes approximately 12 months. The length of the process could be extended, however, depending on the communication/requests (grumpiness) from the USPTO examining attorney.
In our current society, we are obsessed with status. If authors have a desire to check the status of their trademark application, they can visit the Trademark Status and Document Retrieval (TSDR) system. On that site, you simply enter the serial number, which can be found on the filing receipt, and then the TSDR provides the status. Application status can also be checked by contacting the Trademark Assistance Center at TrademarkAssistanceCenter@uspto.gov or calling 1-800-786-9199.
Dealing With Examining Attorneys | How to Trademark a Book Title
Examining attorneys – potential grinches – also conduct a search of their own within the USPTO database. They determine if the trademark is in compliance with the filing basis, and if it has “any meaning in your particular industry.” Meaning?! Of course the books have meaning! As with any trademark application, applicants have to choose a basis for the filing, either to “use in commerce” or with the “intent to use.” The “use in commerce” filing basis is for applicants who are already using the trademark. The “intent to use” basis is for those who will use the trademark within the next few years. A “drawing” or visual representation of the trademark in “standard characters or special form” must also be provided to the USPTO. For the title of a book series, this would be in the form of text that spells out the name.
Trademark Lawyers Are the Unsung Heroes Who Will Save You
Authors who want to trademark the title of their book series will benefit from using the services of a trademark attorney. We are the heroes that will guide you through the vicious darkness that can be the USPTO registration process. It’s ok, no need to thank us, we enjoy the pain. The fact that 80% of trademark applications are not approved is the main reason why having a trademark lawyer on your side will help you achieve successful registration. At Stockman & Poropat, PLLC, our incredible team of attorneys will work with you every step of the way throughout the entire trademark application process. We can save you an enormous amount of valuable time as well as money. Isn’t that cool!
During our free consultation, we will understand your specific needs as an author of a book series. Then we will launch into an in-depth search of all the registered, pending, and non-registered trademarks that may be similar to your book series title. Once we have completed our search, we will speak with you regarding the results, pinpoint any potential conflicts, and develop a filing strategy. From there, our team will draft and file your registration application. From beginning to end of the process, we will also respond to any examining attorney communications and further strategize if needed. Any jokes we crack or smiles we cause are free of charge.
If you are prepared to file your book series title application, visit our File My Trademark page today or contact us! For more information, check out our previous article Register A Trademark. Let’s get your amazing book series the protection it needs to survive the storm of eternity!
Up next we will be discussing How to Trademark a Phrase.
