Key Takeaways:

  • Single book titles typically cannot be trademarked unless they are part of a series or meet secondary meaning criteria.
  • A trademark can protect titles used in marketing, branding, and merchandise, preventing consumer confusion.
  • Authors may gain stronger legal footing by using their title in commerce consistently and filing an Intent-to-Use application.
  • Trademark rights are based on use or federal registration, and enforcement may involve claims under unfair competition law.
  • Practical steps include conducting a trademark search, using the title in commerce, and submitting a federal application if eligible.

When you trademark a book title, you are protecting the words as well as the identifying elements of your book, such as logos, designs, and slogans used to promote your work. In addition to directly protecting your work, trademark law stops people who try to use your work to promote their products and services. You don't have to register your work at the Federal level because rights begin with the use of an actual trademark in the US.

Benefits of Registering a Trademark

The first entity to use or display the mark in affiliation with the book, or the first to file an application indicating the intention to use it with the Patent and Trademark Office, usually has the sole right to use and register it. Some other benefits include:

  • Evidence of ownership.
  • Defines the jurisdiction of which courts apply in the event of a violation.
  • Provides notice of the trademark owner's claim at the nationwide level.
  • Can help in acquiring registration in other countries.

Infopreneuring

For authors, your book can lead to other opportunities, so you can think of it as a way of making your own intellectual property line. The term infopreneuring was coined by an author named Robert G. Allen. If, as an author, you look at yourself as an infopreneur, you seek ways to establish revenue streams from multiple forms of merchandising that all stem from your book, and also from your book's title. As an infopreneur, you don't just concentrate on writing a book that sells well, but you add in peripheral merchandising opportunities, possibly including speaking opportunities.

Merchandising Opportunities Linked to Your Trademark

A number of merchandise opportunities can develop from a successful book, including courses, websites, newsletter subscriptions, movie and TV projects, and audio books. As a published author, you should ideally hold onto trademark licensing rights for your book's title rather than assigning those rights to your publisher. Merchandising rights cover the right to license a number of things linked to your book, including:

  • Characters you created.
  • Games based on your book.
  • Toys based on characters and things in your book.
  • Themed clothing.
  • Home decor items.
  • Any connected services or goods.

Trademark licensing lets you assign the right to use your trademark in exchange for money.

Literary Agents and Lawyers

There are some differences between literary agents and literary lawyers. Literary agents represent writers and help them by putting their work in front of publishers. Literary lawyers, on the other hand, offer advice and counseling. They also help writers with contract negotiations. Because each aspect of a writing career differs, it isn't possible for one person to help you manage each part of marketing and publishing. Building a team that includes an agent and lawyer helps to create balance.

Book Titles Are Not Protected by Copyright Law

Only the original work of authorship, or the content of your book, is protected under copyright law. Both the Copyright Office and the US court system have established a policy that there are several things not covered under copyright law, including titles, pen names, ingredient lists, and short phrases, because they don't hold enough original expression to be worthy of protection under copyright laws.

When Can You Trademark a Book Title?

While most single book titles are not eligible for trademark protection, exceptions exist. You may be able to trademark a book title if:

  • The title is used for a series of books (e.g., Harry Potter or Chicken Soup for the Soul).
  • The title has acquired secondary meaning through extensive use and marketing—meaning the public associates the title with a single source.
  • The title is used not just to describe the book, but also to brand a product line or media franchise (such as courses, games, or merchandise).

Courts and the U.S. Patent and Trademark Office (USPTO) are more likely to approve trademarks for titles that function as source identifiers rather than descriptive phrases​​.

Unfair Competition Law and Trademarking

The Unfair Competition Law and trademarking your title give you an extra way to maintain control of your title and even to make money from it. These laws cover similar forms of use in regard to designs like book jackets and identify words in your title. Trademark rights are assigned to the first person to stake a claim, so if you're choosing a title for your book, it's valuable to see if anyone is using the title you're considering as a trademark before continuing with it. A screening search will help you determine this information.

Why Single Book Titles Usually Don’t Qualify

According to the USPTO and trademark case law, titles of single creative works are considered descriptive and are not inherently distinctive. To obtain trademark protection, the title must function as a trademark in commerce, meaning:

  • It is used consistently across multiple formats (e.g., books, merchandise, spin-offs).
  • It is marketed in a way that identifies a brand, not just a one-time publication.
  • The author or publisher may provide evidence of consumer recognition linking the title to their brand.

Trademarking a single book title often fails unless these criteria are met​​.

Screening Search and Intent to Use

When you do a screening search, it lets you see if someone else is already using your desired title as a trademark. Performing a full trademark search can be expensive, but doing an internet search to find obvious conflicts is an option for writers on a tight budget. If the mark, or title, you want is free, you would then file an Intent-to-Use application.

Steps to Trademark a Book Title

If your title meets the eligibility criteria, here’s how to begin the process:

  1. Conduct a comprehensive trademark search to ensure the title isn’t already in use.
  2. Use the title in commerce, such as offering goods/services under the title or promoting a branded series.
  3. File an Intent-to-Use application with the USPTO if you plan to use the title commercially in the future.
  4. Provide specimens of use (e.g., website screenshots, product labels) during the application process.
  5. Respond to any Office Actions or requests for clarification from the USPTO.
  6. Monitor and enforce your trademark rights by watching for potential infringers.

Frequently Asked Questions

1. Can I trademark a single book title? Generally no—unless it has acquired secondary meaning or is part of a series used as a brand.

2. What’s the difference between copyright and trademark for a book? Copyright protects the book's content; a trademark protects the title if it's used to identify the source of goods or services.

3. What does "secondary meaning" mean in trademark law? It means consumers associate the title with a specific author, publisher, or brand over time due to consistent and widespread use.

4. Can I trademark a title I haven’t published yet? Yes, by filing an Intent-to-Use application, provided you eventually use the title in commerce.

5. Do I need a lawyer to trademark a book title? While not required, a lawyer can help navigate the process, respond to USPTO actions, and ensure your mark qualifies.

If you need help with trademarking a book title, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.