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  1. #1
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    Default Registered My Book in Copyright, but Someone else Has the Same Title As Trademark

    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?

  2. #2
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    Default Re: Registered My Book in Copyright, but Someone else Has the Same Title As Trademark

    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.

  3. #3
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    Default Re: Registered My Book in Copyright, but Someone else Has the Same Title As Trademark

    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.

  4. #4
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    Default Re: Registered My Book in Copyright, but Someone else Has the Same Title As Trademark

    So since my title has apparently been trademarked already, does that mean I can't use that title?

  5. #5
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    Default Re: Registered My Book in Copyright, but Someone else Has the Same Title As Trademark

    Quote Quoting pancakehand
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    So since my title has apparently been trademarked already, does that mean I can't use that title?
    if it has been trademarked or more correct, earned a trademark, while you could publish it with the current title, you would stand a chance of being sued and if the TM is valid, losing.

    just change the title. It's much easier that fighting a TM suit.

  6. #6
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    Default Re: Registered My Book in Copyright, but Someone else Has the Same Title As Trademark

    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.

  7. #7
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    Default Re: Registered My Book in Copyright, but Someone else Has the Same Title As Trademark

    Quote Quoting Mr. Knowitall
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    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.
    His trademark is under "Advertising, Business & Retail Services" with a description of "Promoting public awareness of environmental issues and initiatives"
    But my product is just an entertaining fiction book. Would those be different enough to coexist?

  8. #8
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    Default Re: Registered My Book in Copyright, but Someone else Has the Same Title As Trademark

    How long ago was the Trademark published? Those that have existed for a long time have much more strength. Otherwise, its about likelyhood of consumer confusion. On its face it doesn't seem that there would be much but you also haven't given us any details on what your book is about or what the title is. In addition, even if unrelated that doesn't mean they can't file an action against you. Even if they lose it is still going to cost you time and money. What is stopping you from changing the title?

  9. #9
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    Default Re: Registered My Book in Copyright, but Someone else Has the Same Title As Trademark

    The title is Vortex Man, and the guy trademarked it on May 26, 2011.
    My book is fiction about a random guy who randomly encounters amazing adventures and obstacles but beats them in the end.
    I really don't want to change the title, I've had it for years, I'm just really looking for a way to use it. Even if I have to buy the trademark him.

  10. #10
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    Default Re: Registered My Book in Copyright, but Someone else Has the Same Title As Trademark

    Is this you?

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