Should I Register A Trademark On My Book Title? by Kelley Way
Let’s welcome back monthly columnist Kelley Way as she shares with us “Should I Register A Trademark On My Book Title?” Enjoy!
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Trademarking and Author Branding
There are many ways authors can use trademark law to protect their brand.
Registering a trademark on their book title is usually the first application authors consider.
So, is trademarking your book title a good idea?
Can You Trademark a Book Title?
The first thing authors need to know is that you can’t trademark a title for a single book.
After all, you’re protecting a brand, and one book doesn’t create a brand.
But once you have a series (i.e., two or more books), a brand has been created, and you can register a trademark for the series name.
For example, “Harry Potter and the Sorcerer’s Stone” would not be eligible for trademark protection, because it’s a single book.
“Harry Potter and ________,” on the other hand, can be and very likely is a registered trademark, because all the book titles in the series follow this formula and it’s instantly recognizable to consumers.
Benefits and Drawbacks of Registering a Trademark
That said, registering your series name can certainly be beneficial.
It gives you exclusivity and allows you to build your brand around your series.
On the downside, it’s an expensive and lengthy process, and enforcing your brand may take a lot of time and effort if your series name is popular (or if you achieve that magical dream of bestseller status and everyone is trying to copy you deliberately.)
Tips Before You Register
If you’re thinking of registering a trademark for a series, make sure the series name is unique, so there are fewer chances of someone copying you by accident.
And it goes without saying (but I’ll still say it!) that you should also check to see if anyone else has thought of this trademark before you go to print.
The only thing worse than getting infringed on is finding out you infringed on somebody else.
So, should you register?
In true lawyer fashion, the answer depends on your circumstances.
While it is probably a good idea in most circumstances, you’ll need to run the cost-benefit analysis and decide if the hassle is worth the protection.
Need Help Deciding?
If you want to discuss the costs and benefits of trademarking your book title, my door is always open. You can reach me at kaway@kawaylaw.com.
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ABOUT THE AUTHOR
Kelley Way was born and raised in Walnut Creek, California. She graduated from UC Davis with a B.A. in English, followed by a Juris Doctorate. Kelley is a member of the California Bar, and an aspiring writer of young adult fantasy novels. More information at kawaylaw.com.
