And even if you have one book, that can be trademarked. 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. Apr 15, 2016 step 1 filing a trademark application. Specifically, literary works are given trademark protection only upon a showing of secondary meaning. Another reason trademark law generally refuses to acknowledge trademark rights in the title to a single. However, the title may be registered as a trademark for other related merchandise. May 30, 2019 you may be able to trademark a book title or series title a trademark is more difficult to get than a, but you might be able to trademark a book is the u.
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. However, you can trademark a book title if you write a series of books using that title. As with many things legal, the answer comes down to a general rule and an exception. 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. You may be able to trademark a book title or series title a trademark is more difficult to get than a, but you might be able to trademark a book is the u. Canadian trademark law provides protection to marks by statute under the trademarks act and also at common law.
Patent and trademark office thinks the duplication of titles would be confusing or would dilute someones brand. Stiftung gralsbotchaft 2009 fc 17 drolet, this short article addresses what protection, if any, is available under canadas statutory intellectual property regimes for the title of a book, movie or song. 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 term that is common in the genre. Klems is the online community editor of writers digest magazine. How to know if a book title is trademarked or ed, if the book. The home page for the trademarks branch of the canadian intellectual property office. 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 therefore as describing the work. In addition to s, trademarks, and service marks, intellectual property includes patents. In canada, however, its different and you can trademark book titles even if its just one book.
So, you could have a series of books for dummies and individual titles of these books may be auto repair, football, personal finance, etc. They could argue also something like you are passing off misrepresenting your work as being a product of their company. So the ttab is saying that title is a synonym for name, which isnt very helpful. Also it is a self published book, which can not be trademarked, therefore the title could not possibly infringe on a trademark. Using that slogan on a tshirt would seem to be permissible. And that was always pretty likely to apply to an album, a song, a book or a movie title, unless what youre registering is actually a brand that iswill be affixed to a whole line of goods or services. Canada has now adopted the practice, followed in the united states and many other jurisdictions, that the titles of single books are not. Selling a lot of copies of a single book does not turn a title into a trademark because it is still functioning simply as a title of a single work and. So if you use the title of your book as the title of your blog, column, etc. Neither fish nor fowl trademark and copyright protection for titles.
If not in the title, what about in my book s pages. You cannot trademark the name of a single creative work. When i was originally looking to buy a copy online, i was struck by the fact that there are roughly a dozen earlier novels by the same title that are still in print including works by such wellknown authors as agatha christie and. Managing intellectual property in the book publishing industry.
This article discusses the initial recognition, measurement and accounting for trademarks. Single book titles no longer protectable as trademarks. If you are the author of a book and wish to have a registered trademark for the title of the book some thought needs to be given about. The answer may surprise owners of certain registered trademarks. Can you use a trademark in a book title, if the books. Even if the title of a single work has achieved secondary meaning and is entitled to protection as a trademark, the u. Trademarks, copyright and other intellectual property no. Protecting your intellectual property, trademarks, and using ip as a business tool. Trademark law provides protection for distinctive marks, certification marks, distinguishing guises, and proposed marks against those who appropriate the goodwill of the mark or create confusion between different vendors goods or services. Trademarks guide canadian intellectual property office.
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. It also shows the status of all active opposition and summary expungement section 45 cases. Apply for a trademark, respond to a letter from the uspto, maintain your registration, and more through the trademark electronic application system teas. Intellectual property law of canada second edition. In case you dont know, it takes on average 14 months to register a trademark in the united states and 18 months on average to register a trademark in canada. Shop a vast selection of books, art and collectibles from independent sellers around the world. Well, david, it may seem like a good idea to register the title of your album, but i have my doubts that the government would allow it. A trademark is a feature unrelated to the characteristics of your products or services which allows your new business to help customers and consumers distinguish your products and services from identical or similar. For instance how to sell on ebay i imagine ebay is a trademark, does anyone know what the legal situation is with referring to a company in your book title.
The answer may surprise owners of certain registered trade marks. 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. Intellectual property forums trademark a book title. Protect your rights as a business owner so no other competitor can diminish your quality of products or services. The right to use a domain name is determined by trademark law in the countries from which that website is accessible. Trademark protection for book titles revision legal. Your trademark registration also gives you the exclusive right to use the mark across canada for 15 years. 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. Trademarks may be important for businesses nowadays. However, formatting rules can vary widely between applications and fields of interest or study. A trademark registration in canada provides prima facie evidence of ownership.
Canada has now adopted the practice, followed in the united states and many other jurisdictions, that the titles of single books are not protectable as trademarks. Patent and trademark office thinks the duplication of titles would. Trademark rights protect the logos, symbols and textual representations that uniquely identify goods in commerce. How and why the government will provide businesses with access to the best possible ip resources. Is the trademark registered in the publication class of business. The vienna codes describing figurative elements of the trademark can be added to further refine your search. On the other hand, ziggy stardust is a trademark owned by david bowie. What can and what cannot be trademarked startup savant. Using an unregistered trademark for a certain period of time establishes your ownership of the trademark through. Now, its time to get into what trademarks actually are, so that you can understand what can and what cannot be trademarked. Trademark factory flat fee,100% moneyback guarantee. Customers are often ready to pay more for the recognized quality of branded goods that in turn stimulates companies to invest more in acquisition and development of trademarks. However, notwithstanding the courts decision, and as alluded to in the decision, in canada the ability to register a title or anything else as a trademark can be.
Therefore, if the book was published during the authors lifetime. A trademark also written trade mark or trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. You cant trademark your book title, except when you can. Title of a single work refusal and how to overcome this. 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. Intellectual property forums using a trademark as the book. The logic behind the legal principle that the title to a single creative work cannot function as a trademark is as follows. What are trademarks or, as they are called in canada, trademarks. In a dispute, the registered owner does not have to prove ownership. Trademarking movie titles book and movie titles fall in a gray area in u.
Similarly for canada, the period for works is 50 years after the year its author has died. And if you find success, you could qualify for trademark protection. Books titles unregistrable as trademarks in canada. For instance, although a book or movie is protected by, its title isnt. The application sets out, among other things, the applicants name and address, the trademark, and the goods and services with which the mark will be used in canada. In the example above, the name for dummies could be trademarked if you wrote more than one book with that title, since it would no longer be considered a single creative work. Trademark for album titles entertainment law asked. A trademark applicant must be a person entitled to registration also referred to as legal entities. 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. Most leaders dont even know the game theyre in simon sinek at live2lead 2016 duration. This is a hint at why most of the time you cant trademark your book title. Still, the pool of possible titles would be extremely limited if everyone had to search the trademark database before coming up with a book title, especially since many books with the same title are in completely different genres and wouldnt directly compete with one another, no matter what the uspto might think. During these challenging times, we guarantee we will work tirelessly to support you.
Managing intellectual property in the book publishing industry 1 publishers should consult their local authorities and national legislation for detailed information and. In sum, the intellectual property law of canada is a publication that anyone with canadian ip interests or questions should not be without. 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. Where there is a sufficient nexus between the trademark and the local consumer, use of the mark in other countries and via the internet may support a claim to trademark use in canada or the united states without an actual physical presence there. A trademark application may be filed electronically with the canadian intellectual property office cipo on its website. The arrangement of words in a book title cannot be trademarked. Heres why you cant a book title, but why you can probably trademark that title. Registering your trademark gives you legal title to it the way a deed gives you title to a piece.
Prompted by the federal court of canada s decision in drolet v. If you are writing a book, learning about s is vital. You see the us patent and trademark office has historically had a rule against registering titles of single works. And in your example, you are suggesting a repair manual cant tell you what device it shows you how to fix. In addition to this work being an eminently practical reference source, it also provides insightful practice commentaries and detailed analysis of all major intellectual property law subjects. From an accounting standpoint, because this intellectual property has value, it is considered an intangible asset with no physical form and ip can be bought and sold, or its use can be licensed, sold to someone to use it. Neither fish nor fowl trademark and copyright protection. Trademark application process in canada business lawyer. Registration of a domain name with an internet registration authority does not give you any protection or right to use the domain name commercially in canada.
Stiftung gralsbotchaft 2009 fc 17, a decision that significantly alters proprietary rights in single book. A great title can contribute tremendously to a book s success. According to, a trademark can create opportunities for multiple passive income streams from licensing the sale of book related merchandise and paraphernalia. In fact, we totally recommend that you register it as a trademark. Sep 09, 2016 do i need to trademark the name of the album. How to trademark a name and logo trademark in canada and.
Trademark registration canada trademark application. A trademark registration is obtained to protect a brand name, logo or slogan. Because our company was created by experienced attorneys, we strive to be the best legal document service on the web. Prompted by the federal court of canadas decision in drolet v.
The federal court of canada made the change in january 2009 in drolet v. For example, if you write one, individual book called i love trademarks, then you will not be able to trademark this title. In the example above, the name i love trademarks could be trademarked if you. It can also create opportunities for multiple passive income streams from licensing the sale of bookrelated merchandise and paraphernalia. Sep 07, 2018 while the trademark is part of the book title, its also the name of the book series, and is featured prominently in every book and publication produced by the company. A registered trademark is one way to protect your corporate image. Register a trademark in canada the balance small business. This is true despite the fact that the title of book is not descriptive of its contents. Book title trademarks the title of a single book or creative work is not registrable on the principal or supplemental register. Can a service mark for information and services in. Stiftung gralsbotchaft is that, if followed, the courts logic as applied to single book titles could just as easily apply to the titles of single movies, audio recordings, and other nonserialized works. Selling a lot of copies of a single book does not turn a title into a trademark because it is still functioning simply as a title. Stiftung gralsbotchaft 2009 fc 17 drolet, this short article addresses what protection, if any, is available under canada s statutory intellectual property regimes for the title of a book, movie or song.
The material girl song by madonna was a strong brand but a song title by itself was denied a trademark as it applied to clothing. Registering your trademark in that brand name will make sure that other. The name of a series of books or creative works may be registrable if it identifies or distinguishes the source of the goods. David koehser attorney at law 6122044567 trademarks and. This is a searchable database of all active and inactive trademark applications and registrations in canada. One of the perks of selfpublishing is that your books rights belong to. One of the most common questions about trademarks i answer on a daily basis is if one can trademark a book title or not. It can also create opportunities for multiple passive income streams from licensing the sale of book related merchandise and paraphernalia. Rely on compumark for trusted information to help you clear entertainment names for both title and trademark use in canada.
Selecting and protecting the title of your book how to use. The united states patent and trademark office uspto today announced that it will use provisions of the coronavirus uspto waives original handwritten signature requirement the uspto is waiving the requirements of 37 cfr 1. In addition to certain guarantees provided by law, legalzoom guarantees your satisfaction with our services and support. But in checking out the domain name, i found the title i want to usea fairly obscure and invented wordis registered with a dotcom ending, and further investigation on the government databases reve. Hi, i was wondering what the legality is of using a trademarked name in your book title. Another reason trademark law generally refuses to acknowledge trademark rights in the title to a single creative work, such as a.
Title of a single work refusal and how to overcome this refusal. 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. The 8th edition of the vienna classification system is used to index canadian trademarks available on this database. The intellectual property law server provides general information on intellectual property law including patent, trademark, and includes forums, related articles and comprehensive links. According to, a trademark can create opportunities for multiple passive income streams from licensing the sale of bookrelated merchandise and paraphernalia. The issue here is that the book is really focused on one show, not one genre, or even subgenre. Confidently determine the availability of a feature film, television production, book, or video game title. The plaintiff sought to expunge the defendants canadian trademark registrations pertaining to the title of a book central to the movement for. The trademark shop is the flatfee trademark registration service established by the innovative lawyers at the trademark group a boutique toronto ip law firm focusing exclusively on providing external inhouse support to some of north. Secure your brand with trademark factory riskfree, guaranteed. 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. The general rule is that book titles unless part of a series cannot be registered as trademarks.
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