Question: Should I Trademark My Book Title?

The UK courts have on several occasions held that there is no copyright in a name, a single word or title as they are not long enough to constitute a literary work.

A book title that uses the first line of a poem or song still within its copyright probably carries most risk..

How long does trademark last?

How long does a trademark registration last? A trademark registration may remain in force for potentially unlimited consecutive ten-year periods as long as the owner meets the legal requirements for post-registration maintenance and renewal and timely files all necessary documents.

How long does it take to get a trademark?

In Short: As soon as you start using your mark in commerce, you establish what is known as “Common Law Trademark Rights.” But in total, it will take 13 – 18 months for an official trademark registration with the USPTO.

What is the cheapest way to trademark?

The cheapest way to acquire a trademark is to simply use it in commerce in connection with your business. This almost equates to doing nothing, except that you must use the particular word, phrase, image or combination in connection with your business.

Can two books have same title?

The short answer to your question is, yes, books can have the exact same title, sometimes even in the same genre. … In general, however, it’s not expected that every book published will have a different title from its predecessors.

To register a trademark, go to the U.S. Patent and Trademark Office’s Web site, www.uspto.gov. Don’t add a domain extension to your trademark to prevent others from registering the same name by adding another extension.

No. Names are not protected by copyright law. Some names may be protected under trademark law. Contact the U.S. Patent & Trademark Office, TrademarkAssistanceCenter@uspto.gov or see Circular 33 “Copyright Protection Not Available for Names, Titles, or Short Phrases”.

Copyrights primarily protect the rights of people who create literary, dramatic, musical, artistic, and certain other intellectual works (like history tests, and software code). Trademarks protect the use of a company’s name and its product names, brand identity (like logos) and slogans.

Is it worth getting a trademark?

Entrepreneurs often ask whether they should incorporate, trademark or patent their inventions when they start their businesses. The default answer is always – no. Entrepreneurs should only incorporate, trademark or patent their inventions when absolutely necessary because doing so is expensive and time consuming.

How do I protect my book title?

The only real protection is to brand yourselfMake sure you’re not competing with another book with the same title. … Come up with a good subtitle. … Stake out spaces on platforms. … Get your Amazon page up. … Create a book site or microsite. … Start blogging, podcasting, and posting. … Pursue bylined articles and other platforms.

How do you check if a title is copyrighted?

You can search through copyright files by visiting the Copyright Office at www.copyright.gov/records (see Figure 2, below). All copyright information is located in the Public Catalog (click “Search Public Catalog”) which contains information about works registered since January 1978.

Can I get a trademark for free?

You can not register a trademark for free. However, you can establish something known as a “common law trademark” for free, simply by opening for business. The benefit of relying on common law trademark rights is that it’s free, and you don’t need to do any specific work filling out forms, etc.

Can you make money off a trademark?

Trademarks can be used to make you more money with minimal effort. … Because they don’t cost you anything to create and can be turned into a money-making machine with very little investment. Most of us have thought of a catchy name, slogan or phrase but did not know how to monetize it and use it to make money.

The trademark symbol (TM) is a mark that companies often use on a logo, name, phrase, word, or design that represents the business. … The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it.

Should I get a trademark or LLC first?

In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. However, there may be an even stronger reason to apply early.

How much does it cost to trademark a book title?

How Much Does It Cost to Copyright a Book? At the time of this article, the following are the fees required for each type of registration: Electronic registration, single application (one work by one author): $45. Electronic registration, standard application: $65.

Is it better to self publish or get a publisher?

Whether or not self-publishing or getting a publisher is better relies entirely upon your own goals and resources. … If you want to have far more creative control but pay a little more upfront (with the knowledge you also make a lot more in royalties), self-publishing is the best route.

Can a book title infringe a trademark?

Yes. The use of a trademark in a book title is not trademark infringement unless there was some publishing or authoring that was the good/service provided under the trademark.