Trademark

Trademark and the Self-Published Author: A Vital Legal Shield in the Business of Books

In the business of books, especially in the realm of self-publishing, authors must wear many hats: writer, marketer, publisher, and sometimes legal strategist. Among the most overlooked but critically important aspects of the publishing business is trademark law. While many authors are familiar with copyright protection—the right to control the duplication of their written work—fewer understand how trademark law can serve to protect the business identity surrounding that work. This includes pen names, publishing imprints, logos, and even book series titles. For self-published authors navigating the competitive and often chaotic literary marketplace, a solid understanding of trademark law is not optional—it is essential.

What Is a Trademark?

A trademark is a word, phrase, symbol, logo, design, or combination thereof that identifies and distinguishes the source of goods or services from others in the market. For authors, this could include the name of a publishing company, an author pseudonym used consistently across multiple works, a book series title, a logo, or a slogan. For instance, “Penguin Books” and its iconic logo are federally registered trademarks. Similarly, the name “Harry Potter” in relation to novels and merchandise is trademarked, separate from the copyright protections of the text itself.

Trademarks allow consumers to associate a certain level of quality and experience with a particular source. For indie authors, a recognizable and protected brand can build reader trust and increase market value over time.

Trademark vs. Copyright: What’s the Difference?

Although both trademark and copyright fall under the umbrella of intellectual property (IP) law, they serve different functions:

• Copyright protects original works of authorship such as novels, poetry, and cover art. It is automatically granted upon creation of the work in a tangible form.

• Trademark protects names, logos, and other identifiers used in commerce to distinguish the source of a product or service.

Copyright prevents someone from copying your book. Trademark prevents someone from using your brand identity or confusingly similar branding on their own products or services.

For example, you may have copyright over your novel titled The Crimson Inkwell, but unless you trademark that title (and it qualifies for protection—more on that later), another author could potentially use it for their own, unrelated book.

Protections and Limitations of Trademarks

Trademark protections are powerful—but they’re not all-encompassing.

Trademark Offers Protection In:

• Preventing others from using your brand name or confusingly similar marks.

• Establishing a brand reputation and consumer recognition.

• Licensing and franchising opportunities (e.g., expanding into merchandise, courses, or adaptations).

• Legal claims against infringers in federal court.

Trademark Does Not Protect:

• Ideas, content, or style of your book (that’s the domain of copyright).

• Titles of single works (usually).

• Descriptive or generic terms unless they acquire distinctiveness over time.

• Unused or abandoned marks.

Duration of Trademark

A federally registered trademark in the U.S. does not expire as long as it is actively used in commerce and properly maintained. However, registrants must file maintenance documents at specific intervals:

• Between the 5th and 6th years after registration (Section 8 Declaration).

• At the 10-year mark, and every 10 years thereafter (Combined Section 8 and 9 Renewal).

Failing to file these can result in cancellation of the trademark.

Proving Trademark vs. Owning Trademark

There are two basic forms of trademark rights:

1. Common Law Trademark: Automatically granted upon using a mark in commerce. Denoted with ™.

2. Federal Trademark Registration: Requires application and approval from the U.S. Patent and Trademark Office (USPTO). Denoted with ®.

Here’s the difference:

• Common law trademarks are limited to the geographic area where the mark is used. You have rights, but proving them in court may be more difficult.

• Federally registered trademarks offer nationwide protection, a legal presumption of ownership, and the ability to sue for statutory damages.

Owning a trademark through registration makes it vastly easier to enforce your rights.

Trademark and Legal Defense

In the event of a lawsuit—whether you are enforcing your trademark or defending against an accusation of infringement—having a federally registered trademark is your strongest legal tool. With registration:

• You can sue in federal court.

• You may receive monetary damages and injunctive relief.

• Your registration acts as public notice of ownership.

• You can record your mark with U.S. Customs to block counterfeit goods.

Without registration, your defense hinges on proving common law rights, which is both costlier and riskier.

How to Obtain a Trademark: Step-by-Step

Step 1: Determine Eligibility

• The name or logo must be distinctive and not confusingly similar to an existing mark.

• It cannot be merely descriptive (“Great Books Press”) or generic (“Books”).

Step 2: Conduct a Search

• Use the USPTO’s Trademark Electronic Search System (TESS): https://tmsearch.uspto.gov/

• Look for identical or similar names in related categories.

Step 3: Choose Your Filing Basis

• “Use in Commerce”: If you’re already using the mark commercially.

• “Intent to Use”: If you plan to use it in the near future.

Step 4: Prepare Materials
You’ll need:

• A clear image of the logo or word mark.

• A description of the goods/services associated with the mark (e.g., “publishing services for fiction novels”).

• A specimen showing the mark in use (e.g., book cover, website screenshot, merchandise with your logo).

Step 5: File the Application

• Use the USPTO’s TEAS system (Trademark Electronic Application System): https://www.uspto.gov/trademarks/apply

• Costs range from $250–$350 per class of goods or services.

Step 6: Respond to Office Actions

• The USPTO might request clarifications or issue rejections. You can respond directly or hire an attorney.

Step 7: Await Publication and Registration

• If accepted, your mark will be published in the Official Gazette for public opposition.

• If no objections arise, your mark will be registered (or allowed, if filed as “Intent to Use”).

Trademark Symbol: When and How to Use It

There are three symbols authors should know:

1. ™ — Use for unregistered trademarks (common law rights).

2. SM — For service marks (less common for authors).

3. ® — Only for federally registered trademarks.

To insert the ® symbol:

• On Windows: Hold ALT and type 0174.

• On Mac: Option + R.

Where to place it:

• On your logo.

• After your publishing company name on your website, back cover, or title page.

• Near any slogan or phrase you use in connection with selling your books.

Example: “Storyforge Press®” or “The Booksmith™”

How to Defend a Trademark

Once you own a trademark, you must enforce it. If others use a similar name or logo, it’s your duty to object—otherwise, your trademark could be deemed “abandoned.”

Steps include:

1. Monitor the marketplace for infringers (set Google alerts, check Amazon and bookstore listings).

2. Send cease-and-desist letters when necessary.

3. File complaints with platforms like Amazon or Etsy to remove infringing listings.

4. If needed, pursue formal litigation.

These enforcement actions will be explored in detail in future articles, but the key principle remains: vigilance preserves value.

Why Trademarks Matter for Indie Authors

Self-published authors operate as entrepreneurs. As your brand grows, so does your need to protect it. A distinctive publishing imprint name, a unique author brand, and the logo you place on each cover are not just aesthetic choices—they are business assets.

Consider trademarking:

• Your author name or pen name (if distinctive and used commercially).

• The name of your publishing company.

• A unique logo associated with your brand.

• Book series titles (especially if you plan merchandise or adaptations).

• Slogans like “Fiction that Feeds the Soul®” or “Home of the Cozy Mystery™”

Without trademark protection, you risk:

• Brand confusion.

• Infringement with little legal recourse.

• Loss of licensing and expansion opportunities.

• Inability to scale into merchandise or franchising.

Conclusion: A Strong Recommendation

Trademarking your brand identity is a foundational act of business professionalism. While copyright protects your words, trademark protects your reputation, recognition, and revenue. Every self-published author who is serious about building a publishing business should, at minimum, trademark their publishing company name and logo. Series titles and slogans can follow. It is not just a legal safeguard—it’s a sign to readers, distributors, and partners that you are building a sustainable brand.

In the crowded marketplace of modern publishing, your brand is your beacon. Trademark it.