Copyright automatically protects your written content the moment you create it, but it doesn’t cover titles, names, or short phrases. If you’ve published (or plan to publish) a book series, or your title is tied to products, services, or a broader brand, you may be able to trademark it.
In this post, we’ll explain when a book title can be trademarked, what the process looks like, and how it can help protect your creative investment and business potential.
This is one of the most common questions we hear from authors and publishers. The answer depends on how your title is being used.
A single book title usually doesn’t qualify for trademark protection. The USPTO (United States Patent and Trademark Office) typically won’t register trademarks for standalone titles because they don’t function as brand identifiers. However, if you’re publishing a series of books, such as a trilogy or ongoing educational materials, the series name may qualify for trademark protection.
Here’s the key: A trademark must identify the source of goods or services. If the title acts more like a brand—especially one you plan to build upon—then it’s more likely to be protected.
We take a deeper dive into single title vs. series title in our blog post When Titles Can Become Trademarks.
The content of your book—your unique words, stories, and original expression—is automatically protected by copyright the moment you write it. That means no one else can legally reproduce, distribute, or adapt your work without your permission. However, while copyright exists from the moment of creation, registering it with the U.S. Copyright Office gives you much stronger legal rights. Registration allows you to sue for infringement in court and may entitle you to statutory damages and attorney’s fees if your rights are violated.
If you haven’t already registered, it’s a smart step to take. You can apply online through the U.S. Copyright Office’s registration portal. For most book authors, the standard form to use is Form TX, which is designed for literary works including fiction, nonfiction, poetry, and more. The process is relatively straightforward and the filing fee is typically around $45–$125 depending on the method of submission.
Registering your copyright not only protects your work but also gives you official documentation of ownership—a valuable asset if you ever need to enforce your rights.
Before applying to trademark a book title or series, it’s essential to conduct comprehensive trademark research. This step can’t be skipped—it’s your best defense against rejection, delays, or worse: unknowingly infringing on another brand.
Here’s what thorough research involves:
The trademark search company or attorney you hire should check for federally registered and pending trademarks listed in the USPTO’s database. Your search company should be looking for names that are identical or confusingly similar in sound, appearance, or meaning, especially in connection with the same or related goods and services.
For example, if your book series title is The Innovator’s Formula, you’ll want to look for existing marks like Innovative Formula, The Innovation Code, or even Innovators’ Blueprint—especially if they’re tied to publishing, education, or media.
Each state has its own database. Some businesses and publishers choose to file only at the state level, so a federal search alone isn’t enough.
This is where things get trickier. Common law rights arise automatically when someone uses a name in commerce—even if they never registered it. These rights are geographic, meaning a small business using a book or brand name in one region could still have legal grounds to challenge your use of a similar name elsewhere.
Thinking of trademarking a book series title? Here’s a simplified step-by-step guide to help you understand the process and what to expect.
Is your title functioning as a brand? Is it part of a series or linked to other services or products? If so, it may be trademarkable.
Make sure your trademark search covers all three categories: federal, state, and common law. Look not only for exact matches but also for similar-sounding names or those that could be considered confusingly similar based on how they sound, how they look, or what they mean.
The USPTO uses a classification system to group similar goods and services. For books and printed materials, you’ll likely use Class 16. If you’re also offering related services (like e-books, online courses, or public speaking), you may need to file in additional classes, such as Class 41 (education/entertainment) or Class 9 (digital products).
Once everything checks out, it’s time to file. The application must be complete and accurate, or it could be delayed or refused. This is where professional help can save you time, money, and frustration.
Trademarking a book title—especially a series or brand—does more than just protect a name. It adds long-term value to your work and opens doors for growth.
Here’s what you gain:
A well-chosen and protected title can become your brand’s most valuable asset.
If you’re serious about building a lasting brand around your book or series, trademark protection is key. At TradeMark Express, we offer comprehensive trademark research —plus expert help preparing your USPTO application.
Ready to protect your book series title? Contact TradeMark Express today and get the guidance you need to move forward with confidence.
How to Trademark a Cosmetics Brand Launching a cosmetics line is exciting—you get to share…
How Trademark Similarity Can Affect Your Brand When creating a brand, choosing a name or…
Bill Belichick's Trademark Rejections: A Warning for Business Owners When even NFL legend Bill Belichick…
How to Trademark Your Cleaning Service Running a cleaning business means more than delivering spotless…
Trade Names vs Trademarks When starting a business, one of the first decisions you make…
How to Trademark in Virginia When you picture Virginia, you might think of rolling Blue…