Frequently, prospective clients approach our firm seeking to register a trademark for the title of a single creative work. Unfortunately, the USPTO will not allow this because the title fails to function as a trademark.  Titles of single works are not registrable because they identify the specific work itself rather than acting as a source identifier.

As a result, many authors erroneously believe they cannot secure a trademark registration in the USA for the title of a creative work, causing them to release their work at risk. It does not have to be this way, as there are other options available. A few practical strategies to consider include the following:

  • Create a Series – the USPTO routinely finds that a trademark being used as the title of a series of creative works is registrable as a trademark.
  • File Trademark Application(s) for Related Goods and Services – if there are no present plans to create a series, it would be prudent to consider filing a trademark application for related goods and services, such as clothing, educational courses, podcasts, and the like.
  • Copyright Protection – filing a copyright application for your book is an excellent step in protecting your intellectual property rights.

Developing a comprehensive strategy for protecting your intellectual property should begin before the publication of a creative work. Once a work is published, there is a real risk that bad-faith actors may attempt to capitalize on its success by securing confusingly similar trademarks, domain names, and/or social media handles – often making enforcement far more complex and costly. This can have the unwanted effect of decreasing your sales and profits.

Titles of single creative works raise unique trademark issues, but with the right strategy, authors can still protect their valuable intellectual property. If you are navigating these issues, early legal guidance can save time, cost, and frustration down the road.

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