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Permlink Replies: 13 - Pages: 1 - Last Post: Dec 26, 2017 9:52 AM Last Post By: Debby Summers
Debby Summers

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Registered: 12/19/16
Trademark issues with a series of books
Posted: Sep 27, 2017 8:34 AM
 
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I registered for a trademark for my book series since they all have the main title but each one has a different subtitle. If my book cover is complete on the second and last of the series, and in a commercial setting for advance sells, will that protect my trademark?

Edited by: Debby Summers on Sep 27, 2017 8:35 AM
cdalebrittain

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Re: Trademark issues with a series of books
Posted: Sep 27, 2017 8:39 AM   in response to: Debby Summers in response to: Debby Summers
 
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I really don't know, because I am not a patent/trademark attorney. I'd recommend talking to one of them, as you're going to get better legal advice than from a forum of authors. Good luck!
R Butler

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Re: Trademark issues with a series of books
Posted: Sep 27, 2017 8:55 AM   in response to: Debby Summers in response to: Debby Summers
 
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If your trademark is on your main title for the series then the main title for the series (and not the subtitle) is protected.You should note however that like copyright, you must actively protect your trademark should you find anyone violating it. The responsibility is on you to ensure you take the necessary actions to protect it.
Joseph M Erhardt

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Re: Trademark issues with a series of books
Posted: Sep 27, 2017 10:15 AM   in response to: Debby Summers in response to: Debby Summers
 
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Also, for trademarks to survive, they must be in reasonable current use by the trademark holder.
Debby Summers

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Re: Trademark issues with a series of books
Posted: Sep 27, 2017 10:20 AM   in response to: Joseph M Erhardt in response to: Joseph M Erhardt
 
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Would you consider a title page in commerce for advance orders "reasonable current use?"
wirdmonger

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Re: Trademark issues with a series of books
Posted: Sep 27, 2017 10:32 AM   in response to: Debby Summers in response to: Debby Summers
 
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Choose Your Own Adventure is a trademarked series. You can read a little about their experience online. It's unusual to trademark series titles.
R Butler

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Re: Trademark issues with a series of books
Posted: Sep 27, 2017 10:38 AM   in response to: wirdmonger in response to: wirdmonger
 
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There are a few, though they tend to fall into non-fiction. "For Dummies", "For Idiots" and "for the Soul" series come to mind right away. It's not a standard practice because you need a unique "claim" in order make the trademark work for you.

To the OP, yes publishing a book with the trademark for presale would be considered recent use.
Notjohn

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Re: Trademark issues with a series of books
Posted: Sep 27, 2017 12:10 PM   in response to: Debby Summers in response to: Debby Summers
 
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I think protecting it means that you sue anyone who uses it.

But does (TM) follow the title? If not, how is anyone to know it is trademarked?

Really, these are not issues that need keep you awake at night. It's really not necessary, as almost everyone on the Kboards Writers Cafe seems to do, to buy a shredding machine for the express purpose of chopping your book printouts to bits. I have never seen anyone rooting through the Paper bin at the dump (formally known as a Recycling and Waste Disposal Center) in search of books to plagiarize. (For grocery coupons, yes; books, no.)

(Don't trust KDP to publish a print edition. Don't trust CreateSpace to publish an ebook.)

Good luck! -- NJ

Notjohn's Guide to E-Book & Print Formatting

The blog:
http://notjohnkdp.blogspot.com
Debby Summers

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Registered: 12/19/16
Re: Trademark issues with a series of books
Posted: Sep 27, 2017 12:31 PM   in response to: Notjohn in response to: Notjohn
 
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TM and the year are on the copyright page. Thank you for your assistance.
Notjohn

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Re: Trademark issues with a series of books
Posted: Sep 28, 2017 3:00 AM   in response to: Debby Summers in response to: Debby Summers
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TM and the year are on the copyright page

Good thinking!

Good luck! -- NJ

Notjohn's Guide to E-Book & Print Formatting

The blog:
http://notjohnkdp.blogspot.com
Debby Summers

Posts: 78
Registered: 12/19/16
Re: Trademark issues with a series of books
Posted: Sep 28, 2017 3:04 AM   in response to: Notjohn in response to: Notjohn
 
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Thank you.
Debby Summers

Posts: 78
Registered: 12/19/16
Re: Trademark issues with a series of books
Posted: Dec 26, 2017 8:48 AM   in response to: Debby Summers in response to: Debby Summers
 
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Thank you, all.
thrasherll

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Re: Trademark issues with a series of books
Posted: Dec 26, 2017 9:39 AM   in response to: Debby Summers in response to: Debby Summers
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Debby Summers wrote:
TM and the year are on the copyright page. Thank you for your assistance.

The For Dummies books have the trademark symbol on the cover, too. I don't know about the other series that were mentioned. If I were going to trademark a title, I'd put the trademark symbol on the cover, too.

L. L. Thrasher
Debby Summers

Posts: 78
Registered: 12/19/16
Re: Trademark issues with a series of books
Posted: Dec 26, 2017 9:52 AM   in response to: thrasherll in response to: thrasherll
 
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I just self-published the second and last book of "The Adventures of Henry the City Cat" book series and made a point of adding the TM symbol on the cover. After speaking with the trademark attorney, my title is now secure. Thank you, God! Thank you, KDP Community.
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