I'm looking to create and sell books commercially.

Question

Some of them will have the word “Animal/Animals” in the title, internal pages, description etc. But there's a trademark for the word “ANIMALS” overseas, covering books. Does it mean that I can't include the word “Animal/Animals” either capital or lowercase in my book at all when selling in the country where it's registered? title e.g. “50 Smiling Animals Coloring Book.”

Sean Goodwin · Answer

The titles of books cannot be copyrighted. 
Foreign trademarks are not applicable unless you plan to sell in that country. If you are worried about trademarks in the U.S., I highly recommend hiring a qualified trademark attorney to run a clearance search to ensure you will not be infringing. If the clearance search results indicate you can use the trademark, then the next step is to apply for a federal registration so that you can lock out anyone else from using that trademark for the same product/service.

Fritz-Howard Raymond Clapp · Answer

Your use of the word "ANIMALS" is merely descriptive of the subject, thus not infringing from a trademark perspective.

James L. Arrasmith · Answer

Let me help you understand trademark usage in book titles and content. 
 
Generally, common descriptive words like "animal" or "animals" cannot be completely restricted from use, even if trademarked. Trademark protection primarily prevents others from using the mark in ways that could confuse consumers about the source or origin of goods. In your case, using "animals" descriptively in a book title or content would likely fall under fair use, especially since you're accurately describing the book's subject matter. 
 
However, you should be cautious about how you present the word. If the overseas trademark holder uses "ANIMALS" in a distinctive style, font, or logo format for their books, avoid similar styling that could create confusion. Your example title "50 Smiling Animals Coloring Book" appears to use the word descriptively and would likely be acceptable. 
 
For complete peace of mind, you might want to consult with an intellectual property attorney who can review your specific case and the trademark in question. They can provide tailored advice based on the exact trademark registration and your intended use in that market. Remember that trademark laws can vary by country, so getting local legal guidance for your target market is valuable.

Q: I'm looking to create and sell books commercially.