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Book Title And Related Merchandise Copyright Or Trademark?

Patents & Trademarks Discussion Forum

Book Title And Related Merchandise Copyright Or Trademark?

Postby Gauti » Tue Nov 29, 2016 6:49 pm

Hi,

I'm writing a book and see the future possibility of selling stuffed animals of the characters in the book. I'd like to protect the title since it will apply to a line of products as well as the book. Is there a way to do this with a copyright and/or trademark?

Thank you,

Susan
Gauti
 
Posts: 47
Joined: Mon Mar 17, 2014 8:28 pm

Book Title And Related Merchandise Copyright Or Trademark?

Postby Carrol » Wed Nov 30, 2016 5:39 am

Dear Susan,

Titles are not eligible for copyright protection. If you're talking about a title for a series, it may be eligible for trademark protection, e.g. the Harry Potter ® phenomenon.

Here's what the USPTO says:

"The title, or a portion of a title, of a single creative work must be refused registration under Sections 1, 2 and 45 of the Trademark Act unless the title has been used on a series of creative works. The title of a single creative work is not registrable on either the Principal or Supplemental Register."http://www.uspto.gov/web/offices/tac/notices/examguide4-06.htm

Now if we're talking about other tangible goods then a trademark is appropriate.

To register a trademark, that's done either through your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark. If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct(OR are planning to conduct) business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.

Prior to investing your time, money & effort into a name, it is strongly advised that comprehensive research be conducted to ensure that the name you're interested in is truly available. This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark. Hope that helps! I wish you much success & happiness in all your ventures!

Please contact me with any other questions. Thank you!

Sincerely,

Shannon Moorehttp://www.tmexpress.comhttp://tmexpress.blogspot.com
Carrol
 
Posts: 40
Joined: Sun Jan 19, 2014 10:23 am

Book Title And Related Merchandise Copyright Or Trademark?

Postby DiAngelo » Wed Nov 30, 2016 8:47 pm

Hi,

I'm writing a book and see the future possibility of selling stuffed animals of the characters in the book. I'd like to protect the title since it will apply to a line of products as well as the book. Is there a way to do this with a copyright and/or trademark?

Thank you,

Susan
DiAngelo
 
Posts: 42
Joined: Thu Jan 30, 2014 5:16 pm


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