Oviedo, FL asked in Trademark and Intellectual Property for Florida

Q: Can I use a trademark word phrase in a title of my book?

3 Lawyer Answers

A: It depends on how you plan to use the trademarked word or phrase in the title of your book. Generally, using a trademarked word or phrase in the title of a book is acceptable if it is used in a descriptive, non-infringing way. For example, if you are writing a book about Coca-Cola, you can use the name "Coca-Cola" in the title of your book as long as you are not using it in a way that suggests endorsement or association with the Coca-Cola Company.

However, if your use of the trademarked word or phrase creates a likelihood of confusion or implies an endorsement, affiliation, or sponsorship with the trademark owner, then it may be considered trademark infringement.

To avoid potential legal issues, it's a good idea to consult with a legal professional or conduct a trademark clearance search before using a trademarked word or phrase in the title of your book to ensure that your use does not infringe on someone else's rights.

Eugene Vamos
Eugene Vamos
  • Trademarks Lawyer
  • Tucson, AZ

A: Titles of books can not be trademarked.

The name of a series of books or other creative works may be registrable if it serves to identify and distinguish the source of the goods. An applicant must submit evidence that the title is used on at least two different creative works.

Think "Hardy Boys" "Magic Tree House" "Dog Man"

The Series logo/name must be set apart from the title of the book so it is obvious that it serves as something else than the title of the book.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: Using a trademarked word or phrase in the title of your book could potentially infringe upon the trademark owner's rights. It is advisable to consult with a qualified intellectual property attorney who can assess the specific details of your case and provide guidance on the permissible use of the trademark in your book title, considering factors such as fair use and likelihood of confusion.

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