A great
title plays an important role in a book’s success. Further, it helps create
opportunities for manifold passive profits from licensing the sale of
book-related merchandise.
What is a Trademark?
Searching for an appropriate title is like hunting for a hidden
treasure. Correctly chosen and maintained, a book’s title can be your most precious
intellectual property asset. Trademark law protects designs, words, logos
and slogans as well. Further, it prohibits fraud by people who try to pass off
their services or goods using the goodwill associated with a recognized brand.
The Benefits of Trademark Registration-
Federal registration is not essential. In the U.S., rights
arise from authentic usage of a mark. In general, the foremost to either display
it in connection with the services or fix the mark to goods and Trademark
Office has the right to use and registration. Let us have a look at some benefits
to trademark registration-
Registration can be used as a base for acquiring
registration in foreign countries.
Proof of the trademark owner.
Jurisdiction of federal courts may be invoked.
If you are an author, then your goal should be to create
multiple merchandise licensing income streams that flow from your book. Besides
creating a bestselling book, you should also focus on best selling book
byproducts. Think about audio products, distance learning courses, subscription
newsletters, and income generating websites and television opportunities.
If you want to be a published author, you should keep
trademark licensing rights to the title of your work. Prior to providing
you with the tools you need to choose and protect the title of your book, it is
essential to keep in mind that the copyright law does not protect book titles.
Under copyright law, copyright protection only covers "original works of
authorship." Unfair competition law and trademark protects against the
confusingly similar use of source identifying designs and words of another.
If you want to launch a series of books or publish a book,
you run the risk that someone may have already acquired the rights to a
confusingly similar title. Similar to any other business, when you plan to
launch your book, you aspire to choose a correct title, which is unique to you,
and, if your book is an extension of your business, a title proficient to recognizing
whatever your business offers. Keep in mind that trademark rights are granted
on a first come basis.
A screening search will help discover how a trademark is
being used in the market. If it is unlikely people considering your book will
be confused about the sponsorship or source of your book, there is no trademark
violation.
A trademark search, and an effective knowledge of this
nuanced area of the law, is how you decide whether you can apply the title you
have chosen. While choosing a title, an author must consider unregistered as
well as registered marks. Improper search can lead to the risk of a lawsuit
from someone who thinks that you are competing with them unlawfully. If you find
a confusingly similar title, used for similar products, or even allied
services, during the selection process, it may be unavailable for trademark
registration or use with the U.S. Patent and Trademark Office. Keep in mind
that the art of searching and determining if a planned title is available for
use is not for all time a simple proposition.
The timing of your search is grave. If you do not file an ITU
(intent-to-use) federal trademark application, you should start using your mark
immediately after verifying the availability of your mark. Trademark rights are
awarded on a first to file - first to use basis.
©2012-2013 Claretta Taylor Pam, Innovative Publishers Media Group & Innovative Publishers. All Rights Reserved
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