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Can I Trademark the Title of a Single Work PDF Print E-mail
Written by brett   
Thursday, 22 September 2011 12:15

The title of a single creative work is not a registrable trademark with the U.S. Trademark Office (USPTO). Single creative works typically include, but are not limited to, books, sound recordings, downloadable songs, downloadable ring tones, videocassettes, DVDs, audio CDs and films. The basis for the USPTO refusal is that the title of a single work (for example, the album Sgt. Pepper’s Lonely Hearts Club Band) fails to function as a source identifier because consumers will identify the title as a sole creative work rather than the source of the work (in our example, The Beatles).

However, a title may be registered when it has been used on a series of creative works or is a type of work in which the content changes with every issue or performance. Therefore, in order to register a title with the USPTO an applicant must demonstrate that the title is used on at least two different creative works. This issue is particularly important to authors, musicians and filmmakers seeking trademark protection for titles to their creative endeavors.

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