I copyrighted my book in 2010 with a certain title, (not yet published) but now I see someone has the same title registered as a trademark. Can I still publish my book?
I copyrighted my book in 2010 with a certain title, (not yet published) but now I see someone has the same title registered as a trademark. Can I still publish my book?
titles are not eligible for copyright protection
from the Copyright office website:
How do I copyright a name, title, slogan, or logo?
Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information. However, copyright protection may be available for logo artwork that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark.
So since my title has apparently been trademarked already, does that mean I can't use that title?
We can't really comment on this without knowing the title and trademark.
There are a lot of books being published whose names include or are the same as trademarks. There are a lot of trademarks that use exactly the same words as other trademarks, but relate to other areas of commerce.
Picking a phrase at random, let's say you wrote a book you wanted to call "White Rabbit" - there are a number of trademarks that use or include that term, but of itself that is irrelevant to your proposed title.
You can still publish your book, however, you might not be able to do it under the same title depending on who owns the trademark on the title first.
Trademarks and copyrights are different. Trademarks are words or symbols associated with and used to identify a product, such as a book title. Publishing a book using the title whose trademark is owned by someone else can open you up to civil liability from the trademark holder.
Copyright on the other hand, protects a creative work and allows only the owner to sell or reproduce it. Unlike trademarks, copyrights are automatic.
If you only hold a copyright to your book and not a trademark to the title, publishing your book as is could potential result in legal action being taken against you.