Trademark Thoughts with Tiffany™: Can Authors Trademark a Title or Pen Name?

If you’re an author, your name and titles are your brand. But trademark rules for creative works have some quirks that may come as a surprise to many writers.

A single book title generally can’t be registered.

The United States Patent and Trademark Office (USPTO) treats the title of a single creative work as the name of the work itself rather than a source identifier. That’s why you may see many books sharing the same or similar titles.

Series titles may be registered.

A title used across multiple books in a series may function as a trademark because it tells readers that the books come from the same source. Series names, recurring character names, and world names can all be candidates when they are used consistently.

Your author name can be a brand.

Your name or pen name, when used to identify a body of work, may be registrable. That’s valuable if you’re building a business around your name through books, courses, merchandise, podcasts, or live speaking events.

Think beyond books.

If you sell merchandise, run a newsletter, host events, or license your fictional world to others, trademark protection for your brand may matter more than you expect.

Practical steps for authors:

• Check for similar series names before you publish and print.

• Use your series brand consistently across covers, websites, and social media.

• Keep records of when and where you first used each name. Also, you can apply for registration before you’ve published your first work as long as you intend to use the name!

• Consider protecting your author brand before it grows.

Are you building an author brand?

VirtuEdge Legal works with entrepreneurs, authors, and creatives on trademark clearance and registration. Schedule a 30-minute chat to talk through your series or pen name.

This is general education and not intended to be legal advice. For guidance on your specific situation, consult with a licensed attorney.