Legal Question in Intellectual Property in Florida

Can I register the title of a book that I am writing? If so,what kind of attornye do I need to acquire?


Asked on 1/17/10, 4:03 pm

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

A book title is not capable of being copywrited.

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Answered on 1/22/10, 7:45 pm
Sarah Grosse Sarah Grosse, Esquire

You would be looking for trademark protection for the title of your book. You would not be able to obtain trademark registration until the book is being sold or offered for sale (i.e. until the mark is being used in commerce). Assuming all other requirements are met (i.e. the mark is not confusingly similar to another's mark, the mark is not descriptive, etc.), you should file an "intent to use" trademark application. The mark will be examined, and when you prove use in commerce to the USPTO, the mark will mature into registration.

You need an attorney who is familiar with trademark law. Please do not be deceived by the simple looking forms on the USPTO website and think you can/should do it yourself. There is quite an art to trademark practice and far more to it than meets the eye at first glance.

Good luck. If I can be of assistance, you are more than welcome to email me.

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Answered on 1/22/10, 7:48 pm


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