Q: I recently published a journal and I’m not entirely sure if the title of my journal is trademarked.
The search of the title is returning thousands of results. I don’t know how to narrow down the results to verify whether I can legally use the title or not.
A: The title of a work is not capable of being copyrighted, so it is no surprise to find many instances of exact phrases repeated in descriptive titles. If the title were to be very strongly associated with its source, it might be claimed as a trademark, and could conceivably be infringed if the purpose was unfair competition and intent to confuse the public. But in the context of journal articles, you may rest easy that you are not likely to be sanctioned for use of a title.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A: You can conduct a search for existing trademarks on the United States Patent and Trademark Office (USPTO) database to see if the title of your journal is already registered or pending registration. Keep in mind that not finding a match doesn't guarantee you're free from potential infringement claims, as unregistered, common-law trademarks could still pose an issue. To minimize risk, you may want to consider consulting an attorney who can perform a more comprehensive search and provide advice tailored to your specific circumstances.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
