In today’s publishing world, authors are not only storytellers but also entrepreneurs. A great story alone doesn’t guarantee long-term success—building a brand around your writing does. This is especially true for authors looking to protect their book titles. While most writers are aware of copyright protection for the contents of their books, far fewer understand how trademark law applies to titles. So, can you trademark a book title? And if so, how?
The answer depends on how the title is used. This guide breaks down what authors need to know about trademarking a book title, including when it’s possible, why it matters, and how to go about it.
Can You Trademark a Book Title?
The general rule under U.S. trademark law is that a single book title cannot be registered as a trademark. The United States Patent and Trademark Office (USPTO) considers the title of a single creative work descriptive and not capable of indicating the source of goods or services—which is the primary function of a trademark.
However, if the title is being used for a series of works, it may qualify for trademark protection. This distinction is crucial. A standalone novel—even one that becomes a bestseller—typically doesn’t qualify. But a series title that spans multiple volumes or other products can.
For example, “Harry Potter” is a trademarked book series title, because it identifies a collection of works under a single brand. Similarly, “Chicken Soup for the Soul” and “The Baby-Sitters Club” are series that have gained protection as trademarks. They serve not only as titles but also as indicators of the origin of multiple related creative works.
Why Trademark a Book Title?
Authors pursuing a career beyond a single publication often find that protecting a book title is a strategic move. It ensures that readers can recognize a series and associate it with consistent content and quality. This builds brand loyalty.
Trademark protection also offers legal advantages. Once registered with the USPTO, the trademark owner has the exclusive right to use the title in connection with the relevant category of goods or services. This helps prevent others from using a confusingly similar name for their books, merchandise, or related media.
In a crowded market where similar titles can create confusion, having a registered trademark can mean the difference between brand growth and brand dilution. Moreover, a trademark can become a valuable business asset, especially if the book series expands into films, merchandise, or digital products.
Understanding the USPTO’s Stance on Book Titles
The USPTO doesn’t make it easy to register every book title. If you apply to trademark a title of a single work, the application will likely be rejected under what’s known as the “title of a single work” refusal.
To overcome this, applicants must demonstrate that the title is being used as a mark for a series. This typically involves showing evidence that multiple works are already published or that the title is being used in a manner consistent with series branding.
Additionally, the title must not be generic or merely descriptive. If the title describes the content in a very straightforward way, the USPTO may also reject it for lacking distinctiveness. Over time, however, a descriptive title might acquire distinctiveness through extensive use and become eligible for registration.
How to Trademark a Book Title in the U.S.
If you’ve determined that your book title qualifies for trademark protection—because it’s part of a series or serves as a brand identifier—the next step is filing with the USPTO.
Start with a comprehensive trademark search. The goal is to determine whether anyone else is already using or has registered a confusingly similar mark. You can search through the USPTO’s Trademark Electronic Search System (TESS) to identify potential conflicts.
Next, you’ll need to prepare and file your application. This process is done through the Trademark Electronic Application System (TEAS) and involves several key elements: identifying your mark, specifying the goods and services associated with it (books, merchandise, etc.), and including examples of how the mark is used in commerce.
Depending on whether your mark is already in use or you intend to use it in the future, you’ll choose the appropriate application basis—either “use in commerce” or “intent to use.” Both have different requirements and implications, but each is a viable path to registration.
After submission, the USPTO examines the application. If the examining attorney has concerns, such as a likelihood of confusion with an existing mark or questions about eligibility, they’ll issue an Office Action. Applicants are given a chance to respond with arguments or amendments.
If the application clears all objections, the USPTO will publish the mark in the Official Gazette, allowing a 30-day window for others to oppose the registration. If no oppositions are filed, or if any filed are unsuccessful, the mark proceeds to registration.
What to Do If Your Title Doesn’t Qualify for a Trademark
Not every author will be able to register a title as a trademark. If your book is a single work and there’s no realistic way to turn it into a series, you may want to explore alternative protections.
First, remember that copyright still protects the content of your work. No one can lawfully copy your words, characters, or storyline. You can also register a domain name that matches your book title and use it to build your brand online.
In some cases, it might make sense to register your book title as a business or DBA (doing business as) name in your state, which provides some limited name protection depending on the jurisdiction.
You can also treat your title as part of your brand’s visual identity—designing a unique logo and using it consistently across platforms to build brand recognition. If the title eventually becomes associated with a series or expands into other media, you may later become eligible to trademark it.
Tips for Strengthening Your Case
If you’re planning to trademark a book title, take proactive steps to increase your chances of success.
Start by using the title in a way that clearly identifies a series. This could mean publishing multiple volumes, releasing workbooks or companion guides under the same title umbrella, or planning a rollout of related creative works.
Establish a digital footprint. Use the title across social media, on your website, in promotional materials, and even for related products like podcasts or courses. This helps demonstrate that the title functions as a source identifier and not just as the name of a single book.
Keep documentation. The USPTO often asks for proof of use in commerce, so save screenshots, marketing materials, and publication details that show how your title is being used in connection with goods or services.
Final Thoughts
Trademarking a book title isn’t always straightforward, but it can be a powerful move for authors building a brand. The key is understanding when a title qualifies and following the USPTO’s procedures carefully.
If your title is part of a series, or you’re using it in a way that builds brand recognition, then registering it as a trademark might be one of the smartest decisions you make as a creative entrepreneur.
To navigate the complexities of trademark law and avoid potential pitfalls, consider working with an experienced trademark attorney. They can help evaluate your title’s eligibility, conduct thorough searches, and guide your application through the registration process.
In a world where visibility matters as much as creativity, protecting your book title is more than just a legal strategy—it’s a brand strategy.
Need Help?
Navigating the trademark system can be tricky. Whether you’re just getting started or need help with an Office Action, consider consulting a trademark attorney who specializes in book titles and creative works.