1. What is a trademark and What is the official government link for U.S. trademarks?

Definition:

A trademark is a word, phrase, name, symbol, design, logo, slogan, or combination of these that identifies and distinguishes the source of goods or services in the marketplace. The United States Patent and Trademark Office explains that a trademark identifies the source of goods or services and distinguishes them from the goods or services of others.

The official U.S. government agency for federal trademarks is the United States Patent and Trademark Office (USPTO). Authors, publishers, ministries, businesses, and creators can search the official federal trademark database through the USPTO’s Trademark Search system.

Legal definition: 15 U.S.C. § 1127 — Construction and Definitions: https://www.law.cornell.edu/uscode/text/15/1127

Official USPTO Trademark Search: https://www.uspto.gov/trademarks/search

USPTO Trademark Basics: https://www.uspto.gov/trademarks/basics

 USPTO Federal Trademark Searching Guidance: https://www.uspto.gov/trademarks/search/federal-trademark-searching

Simple Explanation for Authors

A trademark is not primarily about protecting creative writing. It is about protecting brand identity.

For example, trademark law may protect:

• A publishing company name.
• A publishing imprint name.
• A logo.
• A slogan.
• A book series title.
• A podcast name.
• A YouTube channel name.
• A conference name.
• A curriculum brand.
• A course name.
• A coaching program name.
• A ministry media brand.
• A recurring devotional series name.
• A character brand or merchandise brand in some cases.

The basic question is: Does this name, phrase, logo, or design identify the source of goods or services in the marketplace?

Important note: Searching the USPTO database is an important first step, but it is not the same as a full legal clearance search. Authors should also search marketplace use, books, domains, social media, state business records, and related industries, and should consult a qualified trademark attorney before investing heavily in a major brand, series, imprint, course, podcast, or publishing platform.

2. What is the difference between a trademark and a service mark?

Trademark

A trademark traditionally identifies goods. In publishing, this may include physical books, printed materials, journals, workbooks, study guides, merchandise, apparel, or other products.

Service Mark

A service mark identifies services. In publishing and media, this may include publishing services, editing services, coaching services, consulting services, educational services, marketing services, speaking services, podcast production, online courses, conferences, and similar services. The USPTO explains that “trademark” is often used broadly to refer to both trademarks and service marks.

USPTO — What is a trademark? https://www.uspto.gov/trademarks/basics/what-trademark

Author and Publisher Examples

A printed book series may involve trademark use for goods.

A publishing consulting company may involve service mark use for services.

An author coaching program may involve service mark use.

A book series name used across multiple books may function as a trademark.

A single book title usually does not function as a trademark by itself.

3. What is the difference between copyright and trademark?

Copyright Protects Creative Expression

Copyright protects original works of authorship, such as manuscripts, books, articles, poems, illustrations, photographs, music, video content, and other creative works fixed in a tangible form.

U.S. Copyright Office: https://www.copyright.gov/

Trademark Protects Brand Identity

Trademark protects words, names, symbols, logos, slogans, and other identifiers that distinguish the source of goods or services.

USPTO — Trademark Basics: https://www.uspto.gov/trademarks/basics

Simple Comparison

• Copyright protects the manuscript. A trademark may protect the brand name used to sell, identify, or market the manuscript or related services.
• Copyright may protect the written content of a devotional. A trademark may protect the name of the devotional series. 
• Copyright may protect a book’s interior text. A trademark may protect the publishing imprint on the spine. 
• Copyright may protect artwork. A trademark may protect a logo used to identify a publishing company.
• Copyright may protect a fictional story. A trademark may protect the name of a long-running book series if it functions as a source identifier.

4. Can I trademark the title of my book?

Usually Not If It Is the Title of One Book

The USPTO generally refuses registration of the title of a single creative work because the title of one book, one movie, one song, or one creative work usually does not identify the source of goods or services. It identifies that particular work.

USPTO — Title of a Single Creative Work Refusal: https://www.uspto.gov/trademarks/laws/title-single-work-refusal-and-how-overcome-refusal

The USPTO states that a trademark will not register if it is only used as the title of a single creative work. However, if the title is the name of a series of creative works, it may register.

Examples

• A single book title usually cannot be registered as a trademark merely because it appears on the cover of one book.
• A book series title may be registrable if it identifies a continuing series and functions as a source identifier.
• A devotional series with multiple volumes may support trademark protection.
• A curriculum brand used across several products may support trademark protection.
• A podcast name or course brand may support trademark protection if used to identify services.

5. Can I trademark a book series title?

Yes, a Series Title May Be Registrable

A title used for a series of creative works may function as a trademark if it identifies the source of the series and not merely one book.

USPTO — Title of a Single Work Refusal: https://www.uspto.gov/trademarks/laws/title-single-work-refusal-and-how-overcome-refusal

USPTO — Submitting Evidence of a Series of Creative Works: https://www.uspto.gov/trademarks/laws/submitting-evidence-series-creative-works

The USPTO explains that evidence of a series may include copies of at least two different book covers or packaging for recorded works showing the mark used as a source identifier for the series.

Examples

• A fantasy series name used across multiple novels may function as a trademark.
• A children’s book series title may function as a trademark.
• A devotional series used across several volumes may function as a trademark.
• A workbook series title may function as a trademark.
• A Bible study series title may function as a trademark.
• A coaching curriculum series may function as a service mark or trademark depending on how it is used.

Practical Evidence

Evidence may include:

• Two or more book covers showing the series name.
• Product pages showing the series.
• Website pages showing the mark used for the series.
• Marketing materials showing the mark as a source identifier.
• Catalog listings.
• Series branding.
• Packaging.
• Advertisements.

6. Can I trademark my publishing company name or imprint?

Usually, Yes, If It Functions as a Brand

A publishing company name or publishing imprint may function as a trademark or service mark if it identifies the source of publishing-related goods or services.

Examples may include:

• A publishing company name.
• A publishing imprint name.
• A logo used on book spines or title pages.
• A media company brand.
• A book development company brand.
• A curriculum publishing brand.
• An educational content company name.

Trademark Use in Publishing

A publishing imprint may appear on:

• Book covers.
• Book spines.
• Copyright pages.
• Websites.
• Catalogs.
• Marketing materials.
• Author submission pages.
• Distributor pages.
• Conference booths.
• Online sales pages.

USPTO — Why register your trademark? https://www.uspto.gov/trademarks/basics/why-register-your-trademark

7. Can I trademark my author name or pen name?

Possibly, If It Functions as a Source Identifier

An author name or pen name may function as a trademark in some circumstances, especially when it identifies a series of books, branded services, merchandise, speaking services, educational services, or a broader author platform.  However, an author’s name used only to identify the writer of one book may not always function as a trademark.

Possible Uses

An author name may be connected to:

• A series of books.
• Speaking services.
• Educational services.
• Coaching services.
• Podcasts.
• Online courses.
• Merchandise.
• Branded events.
• Publishing services.
• Membership communities.

Names of Living Individuals

Trademark law has special rules involving names, portraits, and signatures of living individuals.

15 U.S.C. § 1052(c) https://www.law.cornell.edu/uscode/text/15/1052

In Vidal v. Elster, 602 U.S. ___ (2024), the U.S. Supreme Court upheld the Lanham Act’s names clause, which prohibits registration of a mark that consists of or comprises a name identifying a particular living individual without written consent.

Vidal v. Elster: https://supreme.justia.com/cases/federal/us/602/22-704/

Oyez summary: https://www.oyez.org/cases/2023/22-704

8. Can I trademark a slogan, tagline, or phrase?

Possibly, If It Functions as a Trademark

A slogan, tagline, or phrase may be registrable if it identifies the source of goods or services. However, not every phrase functions as a trademark. A phrase may be refused if it is merely informational, ornamental, generic, descriptive, or commonly used.

USPTO — Overview of Common Failure-to-Function Refusals: https://www.uspto.gov/sites/default/files/documents/tm-trademarks-failuretofunction-20230328.pdf

USPTO — Strong Trademarks: https://www.uspto.gov/trademarks/basics/strong-trademarks

Examples

A tagline used consistently to identify an author platform may function as a trademark. A slogan used on merchandise only as decoration may be refused as ornamental. A common motivational phrase may fail to function as a trademark. A phrase printed on the front of a shirt may be seen as decoration rather than a source identifier.

9. Can I trademark a logo?

Yes, If the Logo Functions as a Source Identifier

A logo may be registered as a trademark if it identifies the source of goods or services and is used in commerce.

Examples:

• Publishing company logo.
• Book series logo.
• Author platform logo.
• Podcast logo.
• Course logo.
• Conference logo.
• Ministry media logo.
• Imprint logo.

Word Mark vs. Design Mark

A standard character mark protects the wording itself, regardless of font, color, or design.

A design mark protects a specific stylized design, logo, or graphic appearance.

Authors and publishers should understand the difference because registering a logo does not necessarily protect the words in every form, and registering a word mark does not necessarily protect every design variation.

10. What makes a strong trademark?

Strong Marks Are More Distinctive

The USPTO explains that strong trademarks are usually fanciful, arbitrary, or suggestive. Weak marks are often descriptive or generic.

USPTO — Strong Trademarks: https://www.uspto.gov/trademarks/basics/strong-trademarks

Fanciful Marks

Fanciful marks are made-up words created specifically to function as trademarks. These are often the strongest marks because they have no meaning apart from the brand.

Arbitrary Marks

Arbitrary marks are real words used in a way unrelated to the goods or services.

Suggestive Marks

Suggestive marks hint at the goods or services but require imagination or thought to connect the mark with the product.

Descriptive Marks

Descriptive marks directly describe a feature, quality, function, purpose, audience, or characteristic of the goods or services. These are weaker and may be refused unless acquired distinctiveness can be shown.

USPTO — How to Claim Acquired Distinctiveness Under Section 2(f) https://www.uspto.gov/trademarks/laws/how-claim-acquired-distinctiveness-under-section-2f-0

Generic Terms

Generic terms name the category of goods or services and cannot function as trademarks for those goods or services. Example: “Book Publishing” cannot be owned as a trademark for book publishing services by itself.

11. What is “likelihood of confusion”?

Definition

Likelihood of confusion is one of the central issues in trademark law. It asks whether consumers are likely to mistakenly believe that two goods or services come from the same source, are connected, affiliated, sponsored, approved, or endorsed by the same source.

USPTO — Likelihood of Confusion: https://www.uspto.gov/trademarks/search/likelihood-confusion

The USPTO explains that if a trademark is confusingly similar to another trademark and the goods or services are related, consumers may mistakenly believe the goods or services come from the same source. This is one of the most common reasons for refusal.

Key Factors:

Trademark confusion may involve:

• Similarity of the marks.
• Similarity of the goods or services.
• Similarity of trade channels.
• Similarity of customers.
• Strength of the earlier mark.
• Evidence of actual confusion.
• The overall commercial impression.
• Sound, appearance, meaning, and marketplace context.

12. What is trademark infringement?

Definition

Trademark infringement generally occurs when someone uses a mark in commerce in a way that is likely to cause consumer confusion regarding the source, sponsorship, affiliation, approval, or connection of goods or services.

15 U.S.C. § 1114 — Infringement of Registered Marks: https://www.law.cornell.edu/uscode/text/15/1114

15 U.S.C. § 1125(a) — False Designations of Origin, False Descriptions, and False Advertising: https://www.law.cornell.edu/uscode/text/15/1125

Cornell Wex — Trademark Infringement: https://www.law.cornell.edu/wex/trademark_infringement

Examples in Publishing

Possible trademark infringement concerns may include:

• Using a confusingly similar publishing imprint name.
• Launching a book series with a name too close to another series.
• Using a logo similar to another publisher’s logo.
• Marketing a book in a way that implies endorsement by another author, ministry, publisher, celebrity, university, or organization.
• Naming a course, conference, or curriculum too close to a competitor’s brand.
• Using another company’s trademark prominently on a book cover in a way that suggests affiliation.
• Creating merchandise that appears connected to another brand.
• Using protected series branding in a way that confuses readers.

13. What is false endorsement or false association?

Definition

False endorsement or false association may occur when a person uses a name, mark, image, identity, logo, or reference in a way that falsely suggests sponsorship, approval, affiliation, or endorsement.

The main statute is:

15 U.S.C. § 1125(a): https://www.law.cornell.edu/uscode/text/15/1125

Publishing Examples

• A book cover implies a celebrity endorsed the book when they did not.
• A ministry book uses another ministry’s logo in a way that suggests partnership.
• An author uses a publisher’s name to imply they published the book when they did not.
• A curriculum uses a university name in a way that suggests official approval.
• A podcast episode thumbnail uses a company logo in a way that implies sponsorship.
• A speaker advertises a book using another organization’s name in a misleading way.

14. Can I mention real companies, products, brands, or trademarks in my book?

Usually, Ordinary Truthful References Are Different From Using a Trademark as Your Own Brand

Authors often ask whether they can mention real companies, products, services, restaurants, stores, apps, public places, colleges, sports teams, vehicles, clothing brands, or technology platforms in a book. A trademark identifies the source of goods or services, but the USPTO states that owning a trademark does not mean the trademark owner legally owns a word or phrase in every possible context or can stop all ordinary uses of that word or phrase. (USPTO)

U.S. trademark infringement generally focuses on whether the use of a mark is likely to cause consumer confusion about source, affiliation, connection, sponsorship, or approval. Cornell’s Legal Information Institute explains that trademark infringement requires use of a mark in a way that causes a likelihood of confusion, including confusion about affiliation, connection, association, sponsorship, or approval. (Cornell LII)

Federal law also addresses false association and false endorsement. Under 15 U.S.C. §1125(a), liability can arise when a person uses a word, term, name, symbol, device, false designation of origin, or misleading description of fact in a way that is likely to cause confusion about affiliation, connection, association, origin, sponsorship, or approval. (15 U.S.C. §1125)

Examples of Ordinary Identification

Examples of ordinary references may include:

• “She drove a Toyota.”
• “He ordered coffee from Starbucks.”
• “She searched on Google.”
• “He wore Nike shoes.”
• “They visited Disney World.”

These examples use brand names to identify real-world products, services, or places. That kind of reference is different from using “Toyota,” “Starbucks,” “Google,” “Nike,” or “Disney” as the author’s own brand, imprint, logo, series title, merchandise line, or source-identifying mark. The USPTO explains that trademarks identify the source of goods or services and distinguish them from the goods or services of another party. (USPTO)

Nominative Fair Use

U.S. courts have recognized a concept often called nominative fair use, which involves using another party’s mark to identify that party, its product, or its service. In New Kids on the Block v. News America Publishing, the Ninth Circuit recognized that sometimes a product or person cannot reasonably be identified without using the trademarked name, and it held that the newspapers’ use of the band’s name in reader polls did not violate the Lanham Act where the use did not falsely suggest sponsorship or endorsement. (New Kids on the Block v. News America Publishing)

Expressive Works, Titles, and the First Amendment

Books, films, songs, and other expressive works can involve additional First Amendment considerations. In Rogers v. Grimaldi, the Second Circuit addressed use of Ginger Rogers’ name in the title of the film Ginger and Fred and held that the Lanham Act should be applied carefully to expressive titles so trademark law does not improperly restrict artistic expression. (Rogers v. Grimaldi)

However, the Supreme Court narrowed the use of the Rogers framework in Jack Daniel’s Properties, Inc. v. VIP Products LLC, holding that the Rogers test does not apply when another party’s trademark is used as a source identifier for the user’s own goods. In that situation, the ordinary likelihood-of-confusion analysis applies. (Jack Daniel’s Properties, Inc. v. VIP Products LLC)

Important 

The risk is generally higher when a brand, company, product, logo, or trademark is used in a way that could suggest sponsorship, endorsement, affiliation, approval, or source confusion. Cornell explains that likelihood of confusion includes whether consumers may believe the product or service is associated with the source of a different product or service. (Cornell LII)

The risk can also increase when a famous mark is used in a way that may involve dilution. Under 15 U.S.C. §1125(c), federal law addresses dilution by blurring and dilution by tarnishment for famous marks. Cornell explains that dilution by blurring involves impairment of a famous mark’s distinctiveness, while dilution by tarnishment involves harm to the famous mark’s reputation. (Cornell LII)

Higher-Risk Uses Include

• Using the brand name, company name, or trademark prominently on the book cover.
• Using the brand name, company name, or trademark in the book title or series title.
• Using the brand name, company name, or trademark in advertising or promotional campaigns in a way that suggests affiliation.
• Using the brand name, company name, or trademark on merchandise.
• Using another company’s logo, trade dress, packaging design, or brand style as part of the author’s own branding.
• Making false or misleading statements about the company, product, service, or brand.
• Presenting the use in a way that suggests sponsorship, endorsement, approval, partnership, or official association.
• Using a famous mark in a way that may raise dilution, blurring, or tarnishment concerns.

Copyright Is a Separate Issue

A company name, product name, brand name, or slogan may involve trademark issues, but copyright is a separate body of law. The USPTO explains that trademarks, patents, and copyrights are different types of intellectual property: the USPTO registers trademarks and grants patents, while the U.S. Copyright Office registers copyrights. (USPTO)

A truthful, ordinary reference to a real company, product, place, app, vehicle, restaurant, school, sports team, or brand is legally different from using that name as the author’s own brand or presenting the book in a way that suggests sponsorship, endorsement, approval, or affiliation. The main trademark-law issue is usually whether the use is likely to cause confusion about source, sponsorship, affiliation, approval, or association. (Cornell LII)

15. What is nominative Fair Use in trademark law?

Definition

Nominative Fair Use is a trademark doctrine that may allow a person to use another party’s trademark to refer to the actual trademark owner or the trademarked goods or services. The doctrine is commonly associated with: New Kids on the Block v. News America Publishing, Inc., 971 F.2d 302 (9th Cir. 1992)

New Kids case summary: https://cyber.harvard.edu/metaschool/fisher/domain/tmcases/newkids.htm

Basic Test

Courts may consider whether:

• The product or service is not readily identifiable without using the trademark.
• Only so much of the mark is used as reasonably necessary.
• The use does nothing to suggest sponsorship, endorsement, or approval by the trademark owner.

Publishing Examples

• An author may refer to Facebook when discussing social media.
• A business book may mention Apple, Amazon, or Microsoft when discussing business history.
• A memoir may mention Walmart, Disney, Nike, Ford, or Starbucks as part of real-life events.
• A publishing guide may refer to Amazon KDP, IngramSpark, or Barnes & Noble when explaining publishing platforms.

16. What is descriptive Fair Use in trademark law?

Definition

Descriptive Fair Use allows a person to use ordinary descriptive words in good faith to describe their own goods or services, even if those words also appear in another party’s trademark.

The statutory defense is found in: 15 U.S.C. § 1115(b)(4): https://www.law.cornell.edu/uscode/text/15/1115

Key Case: KP Permanent Make-Up v. Lasting Impression

In KP Permanent Make-Up, Inc. v. Lasting Impression I, Inc., 543 U.S. 111 (2004), the U.S. Supreme Court held that a party asserting the statutory fair-use defense does not have to prove the absence of all likelihood of confusion.

KP Permanent Make-Up v. Lasting Impression: https://supreme.justia.com/cases/federal/us/543/111/

Oyez summary: https://www.oyez.org/cases/2004/03-409

Example

If one company owns a mark involving a descriptive word, another person may still be able to use that word in its ordinary descriptive sense, depending on the facts.

17. What is the difference between trademark Fair Use and copyright Fair Use?

Trademark fair use usually involves using a trademark in a limited way either to describe goods or services or to refer to the trademark owner’s actual goods or services. Trademark law focuses heavily on source identification, sponsorship, affiliation, and likelihood of consumer confusion. Sources: INTA Fair Use of Trademarks; 15 U.S.C. §1125; Cornell LII Likelihood of Confusion.

Copyright fair use involves limited use of copyrighted expression, such as text, images, music, video, or other creative content, under the four-factor test in 17 U.S.C. §107. Sources: 17 U.S.C. §107; U.S. Copyright Office Fair Use Index.

Key difference: trademark fair use focuses on trademark/source confusion; copyright fair use focuses on use of protected creative expression under the four statutory copyright fair-use factors. Sources: USPTO Trademark, Patent, or Copyright; Cornell LII Lanham Act; U.S. Copyright Office Fair Use FAQ.

Trademark Fair Use Sources

• International Trademark Association — Fair Use of Trademarks
  Explains descriptive trademark fair use and nominative trademark fair use.
  https://www.inta.org/fact-sheets/fair-use-of-trademarks-intended-for-a-non-legal-audience/
• 15 U.S.C. § 1125 — Lanham Act / False Association / Dilution / Trademark Fair Use References
  Includes language about likelihood of confusion, sponsorship, approval, and fair use of famous marks, including nominative or descriptive fair use.
  https://www.law.cornell.edu/uscode/text/15/1125
• Cornell Legal Information Institute — Likelihood of Confusion
  Explains that trademark cases focus on whether use creates a likelihood of consumer confusion.
  https://www.law.cornell.edu/wex/likelihood_of_confusion
• Cornell Legal Information Institute — Lanham Act
  Explains trademark infringement under the Lanham Act and likelihood of confusion.
  https://www.law.cornell.edu/wex/lanham_act

Trademark vs. Copyright Difference

• USPTO — Trademark, Patent, or Copyright
  Explains that trademarks and copyrights are different forms of intellectual property.
  https://www.uspto.gov/trademarks/basics/trademark-patent-copyright
•  USPTO — What Is a Trademark?
  Explains that trademarks identify the source of goods or services.
  https://www.uspto.gov/trademarks/basics/what-trademark

18. Can I use a trademark in my book title?

Sometimes, but it can create trademark issues. Trademark risk usually turns on whether the title is likely to confuse consumers about source, sponsorship, affiliation, approval, or endorsement. Sources: 15 U.S.C. §1125; Cornell LII Trademark Infringement.

Book titles can also involve First Amendment considerations when the title is part of an expressive work. Rogers v. Grimaldi recognized protection for expressive titles unless the trademark use has no artistic relevance or is explicitly misleading. However, Jack Daniel’s v. VIP Products clarified that special First Amendment trademark tests may not apply when another party’s mark is used as the creator’s own source-identifying brand. Sources: Rogers v. Grimaldi; Jack Daniel’s v. VIP Products.

A book about a company, product, or famous brand may be different from a book cover, title, subtitle, metadata, or marketing campaign that makes the book look officially sponsored, approved, or published by that company. Source: 15 U.S.C. §1125.

•  15 U.S.C. § 1125 — False association / false endorsement / sponsorship / approval
  Supports the point that risk increases if the title suggests affiliation, sponsorship, or approval.
  https://www.law.cornell.edu/uscode/text/15/1125
• Cornell LII — Trademark Infringement / Likelihood of Confusion
  Supports the point that trademark risk often turns on consumer confusion.
  https://www.law.cornell.edu/wex/trademark_infringement
• Rogers v. Grimaldi — Expressive titles / First Amendment / Rogers test
  Supports the point that expressive works and titles receive special First Amendment consideration, unless the use has no artistic relevance or is explicitly misleading.
  https://law.justia.com/cases/federal/appellate-courts/F2/875/994/179970/
• Jack Daniel’s Properties, Inc. v. VIP Products LLC — Supreme Court limits Rogers when mark is used as source identifier
  Supports the warning that using someone else’s trademark as your own brand/source identifier is higher risk.
  https://supreme.justia.com/cases/federal/us/599/22-148/
• USPTO — Title of a Single Creative Work Refusal
  Supports the distinction between a single book title and a series title functioning as a trademark.
  https://www.uspto.gov/trademarks/laws/title-single-work-refusal-and-how-overcome-refusal
• USPTO — Trademark, Patent, or Copyright
  Supports the general distinction between trademark and copyright.
  https://www.uspto.gov/trademarks/basics/trademark-patent-copyright

19. What is the Rogers test?

Trademark and Expressive Works

The Rogers test comes from: Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989). This case involved the film title Ginger and Fred and the actress Ginger Rogers. The Second Circuit created a test often used in cases involving trademarks in titles or expressive works.

Rogers v. Grimaldi case reference: https://law.justia.com/cases/federal/appellate-courts/F2/875/994/3823/

Basic Rogers Test

Under the Rogers test, use of a trademark in expressive work may be protected unless:

• The use has no artistic relevance to the underlying work; or
• The use explicitly misleads as to the source or content.

Author Application

This may matter for:

• Book titles.
• Films.
• Songs.
• Podcasts.
• Fiction.
• Commentary.
• Biography.
• Criticism.
• Parody.
• Cultural analysis.
• Newsworthy works.

20. How did Jack Daniel’s v. VIP Products affect trademark law?

Supreme Court Limits the Rogers Test When a Mark Is Used as a Mark

In Jack Daniel’s Properties, Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the U.S. Supreme Court addressed a parody dog toy that mimicked Jack Daniel’s branding.

Supreme Court opinion: https://www.supremecourt.gov/opinions/22pdf/22-148_3e04.pdf

Oyez summary: https://www.oyez.org/cases/2022/22-148

The Court held that the Rogers test does not apply when the alleged infringer uses another’s trademark as a designation of source for its own goods.

Why This Matters for Authors and Publishers

If an author uses a trademark merely to refer to a real brand in an expressive work, one analysis may apply. If an author or publisher uses another trademark as part of their own branding, cover identity, merchandise, series branding, or source identifier, the legal risk increases.

21. What is trademark parody?

Definition

Trademark parody involves using a trademark in a humorous, critical, or expressive way that comments on the original mark or brand. Parody may be protected in some circumstances, but it is not automatically safe.

Key Issues

Courts may examine:

• Whether consumers are likely to be confused.
• Whether the parody uses the mark as its own brand.
• Whether the use dilutes or tarnishes a famous mark.
• Whether the use is commercial.
• Whether the use suggests sponsorship or approval.
• Whether the use is expressive commentary.

Important Case

Jack Daniel’s Properties, Inc. v. VIP Products LLC: https://www.supremecourt.gov/opinions/22pdf/22-148_3e04.pdf

22. What is trademark dilution?

Definition

Trademark dilution protects famous marks from uses that impair their distinctiveness or harm their reputation, even where consumer confusion may not be required in the same way as ordinary infringement.

The federal dilution law is found in: 15 U.S.C. § 1125(c)
https://www.law.cornell.edu/uscode/text/15/1125

Dilution may involve:

• Dilution by blurring.
• Dilution by tarnishment.

Dilution by Blurring

Blurring may occur when use of a famous mark weakens the distinctiveness of that famous mark.

Dilution by Tarnishment

Tarnishment may occur when use of a famous mark harms the reputation of the famous mark.

23. What is cybersquatting?

Definition

Cybersquatting generally involves registering, trafficking in, or using a domain name in bad faith with intent to profit from another party’s trademark.

The federal cybersquatting statute is: 15 U.S.C. § 1125(d) — Cyberpiracy Prevention
https://www.law.cornell.edu/uscode/text/15/1125

Publishing Examples

Possible cybersquatting concerns may include:

• Registering a domain name that copies another author’s brand.
• Registering a domain confusingly similar to a publisher’s name.
• Buying domains based on famous book series names.
• Registering a misspelled version of a competitor’s brand.
• Using a domain to mislead readers into believing there is an affiliation.

24. What is trade dress?

Definition

Trade dress refers to the overall commercial appearance of a product or service that identifies its source. This can include packaging, layout, design, shape, color combinations, presentation, or overall look and feel.

Trade dress may be protected if it is distinctive and nonfunctional.

Important Cases

Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763 (1992): https://supreme.justia.com/cases/federal/us/505/763/

Wal-Mart Stores, Inc. v. Samara Brothers, Inc., 529 U.S. 205 (2000): https://supreme.justia.com/cases/federal/us/529/205/

Publishing Examples

Trade dress concerns may arise if a book cover, series design, packaging, layout, or product presentation intentionally imitates the recognizable look of another publisher, author, series, or brand.

Examples may include:

• A book cover designed to look like a famous series.
• A devotional series formatted to mimic another publisher’s well-known line.
• A children’s series using a confusingly similar visual presentation.
• Merchandise designed to look like an official brand product.

25. Can I use another company’s logo in my book?

Using another company’s logo is usually more sensitive than simply mentioning the company’s name in text. A trademark can be a word, phrase, symbol, design, or combination that identifies the source of goods or services, and logos are commonly used as source-identifying brand assets. Source: USPTO — What Is a Trademark?

A logo may raise trademark issues if its use creates confusion about source, sponsorship, affiliation, approval, or endorsement. Federal trademark law addresses false association, sponsorship, and approval under 15 U.S.C. §1125. Source: 15 U.S.C. §1125; Cornell LII — Trademark Infringement.

A logo may also raise copyright issues because logo artwork can include pictorial, graphic, or visual-art elements. The U.S. Copyright Office states that works of visual art include pictorial, graphic, and sculptural works, and its visual-arts registration page lists paintings, sculptures, photographs, and other visual works as examples. Source: U.S. Copyright Office — Visual Arts Registration.

The risk is generally higher when a logo appears on a book cover, marketing material, merchandise, advertising, website, video thumbnail, sales page, or promotional graphic, because that placement may make the use look like sponsorship, endorsement, affiliation, or approval. Source: 15 U.S.C. §1125; USPTO — Basic Facts About Trademarks.

If a logo includes or is connected to a person’s name, likeness, image, signature, or persona, separate right of publicity issues may also exist. Cornell LII explains that the right of publicity prevents unauthorized commercial use of a person’s name, likeness, or recognizable persona. Source: Cornell LII — Right of Publicity.

Permission to mention a company by name is not the same as permission to reproduce its logo. Logos can involve both trademark and copyright issues, and sometimes publicity, brand-guideline, platform-policy, or permission issues as well. Sources: USPTO — Trademark, Patent, or Copyright; U.S. Copyright Office — Visual Arts Registration.

USPTO — What is a trademark?
A trademark can be a word, phrase, symbol, design, or combination that identifies goods or services.
https://www.uspto.gov/trademarks/basics/what-trademark

USPTO — Trademark examples
Shows that designs/logos can function as trademarks.
https://www.uspto.gov/trademarks/basics/trademark-examples

15 U.S.C. § 1125 — False association / sponsorship / approval / dilution
Federal law covering confusion about affiliation, connection, association, sponsorship, or approval.
https://www.law.cornell.edu/uscode/text/15/1125

Cornell LII — Trademark infringement
Explains likelihood of confusion in trademark infringement.
https://www.law.cornell.edu/wex/trademark_infringement

U.S. Copyright Office — Visual artists / pictorial, graphic, sculptural works
Explains copyright protection for original pictorial, graphic, and sculptural artwork.
https://www.copyright.gov/engage/visual-artists/

Cornell LII — Right of publicity
Explains unauthorized commercial use of a person’s name, likeness, or persona.
https://www.law.cornell.edu/wex/publicity

USPTO — Trademark, patent, or copyright
Explains the difference between trademark and copyright.
https://www.uspto.gov/trademarks/basics/trademark-patent-copyright

26. Can I use trademarks on a book cover?

Using another party’s trademark on a book cover is usually higher risk than mentioning it only in the body of the book because the cover functions as a sales, marketing, and source-identifying presentation. Trademark law focuses on whether consumers may be confused about source, sponsorship, affiliation, approval, or endorsement. Sources: 15 U.S.C. §1125; Cornell LII “Trademark infringement”; USPTO “What is a trademark?”

Risk can increase if the trademark is large or prominent, appears in the title or subtitle, uses a company logo, copies or mimics the company’s brand style or trade dress, implies endorsement, resembles official materials, is used commercially, or involves a famous mark. Sources: USPTO “Trademark examples”; USPTO “Trade dress”; 15 U.S.C. §1125(c); Cornell LII “Trademark dilution.”

Risk may be lower when the trademark truthfully identifies the subject of the book, the cover design is clearly independent, and the use does not suggest sponsorship, endorsement, approval, or affiliation. Expressive works and titles may involve First Amendment considerations under Rogers v. Grimaldi, but Jack Daniel’s v. VIP Products explains that special expressive-work protection may not apply when another party’s mark is used as the creator’s own source identifier.

A disclaimer may help explain independence, but it does not automatically solve every trademark issue. Trademark confusion is still evaluated based on the overall use and consumer perception. Sources: TMEP §1213.10; Cornell LII “Trademark infringement.”

• 15 U.S.C. § 1125 — Lanham Act: false association, sponsorship, approval, dilution
  https://www.law.cornell.edu/uscode/text/15/1125
• Cornell LII — Trademark Infringement / Likelihood of Confusion
  https://www.law.cornell.edu/wex/trademark_infringement
• USPTO — What Is a Trademark?
  https://www.uspto.gov/trademarks/basics/what-trademark
• Rogers v. Grimaldi — trademarks in expressive titles / First Amendment test
  https://law.justia.com/cases/federal/appellate-courts/F2/875/994/179970/
• Jack Daniel’s Properties, Inc. v. VIP Products LLC — Supreme Court limits Rogers when a mark is used as a source identifier
  https://supreme.justia.com/cases/federal/us/599/22-148/

27. What trademark symbols can I use?

TM, SM, and ®

The USPTO explains that a person may use TM for goods or SM for services even if no federal trademark application has been filed. Once the mark is federally registered with the USPTO, the owner may use the ® symbol.

USPTO — What is a trademark? https://www.uspto.gov/trademarks/basics/what-trademark

USPTO Trademark Registration Toolkit: https://www.uspto.gov/sites/default/files/documents/TM-Registration-Toolkit.pdf

TM

Use TM when claiming trademark rights in goods.

SM

Use SM when claiming service mark rights in services.

®

Use ® only after the mark is federally registered with the USPTO. Filing an application is not enough. The registration must actually be issued.

28. Do I have trademark rights without federal registration?

Possibly, But Rights May Be Limited

The USPTO explains that a person can rely on common law rights, state registration, federal registration, or international registration. Registration is not mandatory, but the scope of rights may depend on whether and where the mark is registered.

USPTO — Why Register Your Trademark? https://www.uspto.gov/trademarks/basics/why-register-your-trademark

Common Law Rights

Common law rights may arise from actual use of a mark in commerce. These rights may be geographically limited and harder to enforce than federal registration.

State Registration

State trademark registration may provide certain rights within a particular state, but it does not provide the same nationwide benefits as federal registration.

Federal Registration

Federal registration may provide significant benefits, including a legal presumption of ownership and nationwide rights connected to the goods or services listed in the registration.

29. How do I search for trademarks before using a name?

Start With the USPTO Trademark Search System

The USPTO provides a federal trademark search system.

USPTO — Search Our Trademark Database: https://www.uspto.gov/trademarks/search

USPTO Trademark Search: https://tmsearch.uspto.gov/

USPTO Trademark Center: https://trademarkcenter.uspto.gov/

A Good Search Should Be Broader Than Exact Matches

Authors and publishers should not only search for the exact name. They should also search:

• Similar spellings.
• Similar sounds.
• Similar meanings.
• Singular and plural forms.
• Abbreviations.
• Alternate word orders.
• Related goods and services.
• Similar logos.
• Similar series names.
• Similar imprints.
• Similar course names.
• Similar podcast names.
• Similar domain names.
• Similar social handles.

Additional Searches

A practical clearance search may also include:

• Google.
• Amazon.
• Goodreads.
• Bookstores.
• Library catalogs.
• YouTube.
• Podcast platforms.
• Social media.
• State business databases.
• Domain registrars.
• Industry directories.
• Publisher catalogs.
• Conference names.
• Course platforms.

30. How do I register a trademark with the USPTO?

USPTO Trademark Center

The USPTO provides online tools for searching, applying, tracking, and maintaining trademark applications and registrations.

USPTO Trademark Center: https://trademarkcenter.uspto.gov/

USPTO — Trademark Basics: https://www.uspto.gov/trademarks/basics

USPTO — Apply Online: https://www.uspto.gov/trademarks/apply

Basic Process

The process generally includes:

• Choosing the mark.
• Searching for similar marks.
• Identifying the owner.
• Identifying goods and services.
• Choosing the correct filing basis.
• Selecting the correct class or classes.
• Preparing the drawing.
• Providing a specimen when required.
• Filing the application.
• Responding to Office Actions if issued.
• Publication for opposition.
• Registration if approved.
• Maintaining the registration.

31. What is a trademark filing basis?

Definition

The filing basis tells the USPTO why the applicant is entitled to apply for registration.

USPTO — Application Filing Basis: https://www.uspto.gov/trademarks/apply/basis

Common Filing Bases

• Section 1(a): Use in Commerce: The mark is already being used in commerce for the goods or services listed in the application.
• Section 1(b): Intent to Use: The applicant has a bona fide intent to use the mark in commerce but has not yet begun actual use.
• Section 44(d): Foreign Application: The applicant relies on a foreign application.
• Section 44(e): Foreign Registration: The applicant relies on a foreign registration.
• Section 66(a): Madrid Protocol: The application is based on international registration under the Madrid Protocol.

32. What are trademark classes for books, publishing, and author services?

Goods and Services Are Organized by Class

Trademark applications require applicants to identify the goods and services connected to the mark. The USPTO uses international classes.

USPTO — Searching the Trademark ID Manual: https://www.uspto.gov/trademarks/guides-and-manuals/searching-trademark-id-manual

USPTO Trademark ID Manual: https://idm-tmng.uspto.gov/

Common Publishing-Related Classes

Common classes may include:

• Class 16: Printed books, printed journals, printed workbooks, printed publications, printed educational materials, printed teaching materials.
• Class 9: Downloadable eBooks, downloadable audiobooks, downloadable digital publications, downloadable educational materials, downloadable media.
• Class 41: Publishing services, educational services, entertainment services, online non-downloadable publications, coaching, workshops, seminars, podcasts, video content, author education, training.
• Class 35: Online retail store services, business consulting, marketing services, promotional services, business services in some contexts.
• Class 40: Printing services in some contexts.
• Class 42: Certain software, platforms, or technology services in some contexts.

33. What is a trademark specimen?

Definition

A specimen is evidence showing how the trademark is actually used in commerce with the goods or services identified in the application.

USPTO — Specimens: https://www.uspto.gov/trademarks/laws/specimen-refusal-and-how-overcome-refusal

Specimens for Goods

For goods such as books or printed products, a specimen may include:

• Book cover showing the mark.
• Product packaging.
• Labels.
• Tags.
• Point-of-sale webpage.
• Sales page where the mark appears near ordering information.

Specimens for Services

For services such as publishing, coaching, consulting, education, or media, a specimen may include:

• Website page advertising services.
• Brochure.
• Advertisement.
• Business card.
• Service page.
• Course page.
• Event page.

34. What is an Office Action?

Definition

An Office Action is an official letter from the USPTO examining attorney identifying issues with a trademark application.

Common Reasons for Office Actions

Office Actions may involve:

• Likelihood of confusion.
• Merely descriptive refusal.
• Generic refusal.
• Failure to function as a trademark.
• Specimen problems.
• Incorrect owner.
• Identification of goods/services problems.
• Disclaimer requirements.
• Name consent issues.
• Geographic descriptiveness.
• Ornamental use.
• Single creative work refusal.
• Deceptiveness or false association.

USPTO — Possible Grounds for Refusal: https://www.uspto.gov/trademarks/additional-guidance-and-resources/possible-grounds-refusal-mark

35. What is a Section 2(d) likelihood of confusion refusal?

Definition

A Section 2(d) refusal occurs when the USPTO refuses registration because the applied-for mark is likely to cause confusion with a prior registered mark or pending application.

15 U.S.C. § 1052(d): https://www.law.cornell.edu/uscode/text/15/1052

USPTO — Likelihood of Confusion: https://www.uspto.gov/trademarks/search/likelihood-confusion

Important Factors

The USPTO may compare:

• The marks.
• The goods and services.
• Trade channels.
• Purchasers.
• Overall commercial impression.
• Sound, appearance, meaning, and connotation.

Author Examples

• An author tries to register a devotional series name that is very similar to an existing devotional series in the same market.

• A publisher tries to register an imprint name that is confusingly similar to another publisher’s imprint.

• A podcast name is too close to another media brand in the same category.

36. What is a merely descriptive refusal?

Definition

A mark may be refused if it merely describes a feature, quality, purpose, function, ingredient, characteristic, intended audience, or use of the goods or services.

USPTO — Strong Trademarks: https://www.uspto.gov/trademarks/basics/strong-trademarks

USPTO — Disclaimer Requirement: https://www.uspto.gov/trademarks/laws/how-satisfy-disclaimer-requirement

15 U.S.C. § 1052(e): https://www.law.cornell.edu/uscode/text/15/1052

Publishing Examples

• “Christian Book Publishing” for Christian book publishing services may be descriptive.

• “Author Coaching” for author coaching services may be descriptive.

• “Children’s Bible Stories” for children’s Bible storybooks may be descriptive.

• “Leadership Workbook Series” for leadership workbooks may be descriptive.

Acquired Distinctiveness

In some cases, a descriptive mark may become registrable if it has acquired distinctiveness, meaning consumers associate the mark with one source.

37. What is a generic refusal?

Definition

A generic term is the common name for a class of goods or services. Generic terms cannot function as trademarks for those goods or services.

Examples

• “Books” for books.

• “Publishing” for publishing services.

• “Editing” for editing services.

• “Podcast” for podcasts.

• “Workbook” for workbooks.

Key Case: Booking.com

In United States Patent and Trademark Office v. Booking.com B.V., 591 U.S. ___ (2020), the Supreme Court held that whether a “generic.com” term is generic depends on consumer perception. The Court did not create automatic protection for all “generic.com” terms, but rejected the USPTO’s proposed automatic rule.

Supreme Court opinion: https://www.supremecourt.gov/opinions/19pdf/19-46_8n59.pdf

Oyez summary: https://www.oyez.org/cases/2019/19-46

38. What is a disclaimer in a trademark application?

Definition

A disclaimer states that the applicant does not claim exclusive rights to a particular unregistrable portion of the mark apart from the mark as a whole.

USPTO — How to Satisfy a Disclaimer Requirement: https://www.uspto.gov/trademarks/laws/how-satisfy-disclaimer-requirement

Example

39. What does “failure to function” mean?

Definition

A mark may be refused if it does not function as a trademark. This means consumers would not perceive the wording, design, slogan, or matter as identifying one commercial source.

USPTO — Failure-to-Function Refusals: https://www.uspto.gov/sites/default/files/documents/tm-trademarks-failuretofunction-20230328.pdf

Common Failure-to-Function Issues

A mark may fail to function if it is:

• Merely informational.
• Commonly used.
• Merely ornamental.
• A title of a single creative work.
• A widely used message.
• A religious, political, or social slogan used by many.
• A decorative phrase on merchandise.
• A commonplace expression.

Publishing Examples

• A single book title may fail to function.

• A common inspirational phrase may fail to function.

• A quote used decoratively may fail to function.

• A short phrase may be viewed as ornamentation rather than a trademark.

40. Can I trademark a common phrase?

Possibly, But Often Difficult

Common phrases may be difficult to register if they are widely used, informational, decorative, descriptive, or fail to function as trademarks. Trademark law protects words, names, symbols, designs, or combinations that identify and distinguish the source of goods or services.

Source: USPTO — What Is a Trademark? https://www.uspto.gov/trademarks/basics/what-trademark

A phrase must function as a trademark. If consumers see the phrase only as a common saying, message, decoration, slogan, social expression, religious statement, political statement, or informational wording, the USPTO may refuse registration.
Source: USPTO — Overview of Common Failure-to-Function Refusals: https://www.uspto.gov/learning-and-resources/uspto-videos/overview-common-failure-function-refusals
Source: USPTO — Failure-to-Function Refusals and the TTAB: https://www.uspto.gov/sites/default/files/documents/tm-failure-to-function-122024-slides.pdf

A common phrase may also be refused if it is merely descriptive of the goods or services, generic, or too weak to identify one source.
Source: USPTO — Possible Grounds for Refusal of a Mark: https://www.uspto.gov/trademarks/additional-guidance-and-resources/possible-grounds-refusal-mark
Source: USPTO — Descriptive Marks: https://www.uspto.gov/trademarks/basics/strong-trademarks

Important Questions

The USPTO and courts may ask: Does the phrase identify one source?

Source: USPTO — What Is a Trademark? https://www.uspto.gov/trademarks/basics/what-trademark

Is the phrase commonly used by many?
Source: USPTO — Overview of Common Failure-to-Function Refusals: https://www.uspto.gov/learning-and-resources/uspto-videos/overview-common-failure-function-refusals

Is the phrase merely ornamental?
Source: USPTO — Ornamental Refusal and How to Overcome It: https://www.uspto.gov/trademarks/laws/ornamental-refusal-and-how-overcome-refusal

Is it informational?
Source: USPTO — Failure-to-Function Refusals and the TTAB: https://www.uspto.gov/sites/default/files/documents/tm-failure-to-function-122024-slides.pdf

Is it used on goods or services as a brand?
Source: USPTO — Trademark Basics: https://www.uspto.gov/trademarks/basics

Do consumers recognize it as a source identifier?
Source: USPTO — What Is a Trademark? https://www.uspto.gov/trademarks/basics/what-trademark

Practical Author Examples

A common phrase printed across the front of a shirt, mug, journal, tote bag, bookmark, or book cover may be viewed as decoration or a message rather than a trademark.
Source: USPTO — Ornamental Refusal and How to Overcome It: https://www.uspto.gov/trademarks/laws/ornamental-refusal-and-how-overcome-refusal

A common phrase used as the title of one book may also face problems because the USPTO generally refuses marks used only as the title of a single creative work.
Source: USPTO — Title of a Single Creative Work Refusal: https://www.uspto.gov/trademarks/laws/title-single-work-refusal-and-how-overcome-refusal

A common phrase may have a stronger trademark argument if it is used consistently as the name of a book series, curriculum brand, podcast, course, conference, coaching program, membership community, merchandise brand, imprint, or publishing platform, and consumers recognize it as identifying one source.
Source: USPTO — Trademark Basics: https://www.uspto.gov/trademarks/basics
Source: USPTO — Trademark ID Manual: https://idm-tmng.uspto.gov

Authors should not assume a phrase is available simply because many people use it, because no one owns it informally, or because it appears in public conversation. They should search the USPTO database, marketplace use, domain names, book catalogs, social media, merchandise platforms, courses, conferences, podcasts, and related industries before investing in the brand.
Source: USPTO — Federal Trademark Searching: https://www.uspto.gov/trademarks/search/federal-trademark-searching
Source: USPTO — Why Search for Similar Trademarks? https://www.uspto.gov/trademarks/basics/why-search-similar-trademarks

Because common-phrase trademark issues can be difficult and fact-specific, authors should consult a qualified trademark attorney before investing heavily in a common phrase as a book brand, series, course, podcast, conference, or merchandise line.

41. Can I trademark a Bible verse, proverb, quote, or religious phrase?

Usually Difficult If It Is Common or Public Domain

A Bible verse, proverb, common religious phrase, or widely used quote may create serious trademark issues if it does not function as a source identifier, is merely informational, is widely used, or is public domain language. Trademark law protects words, names, symbols, designs, or combinations that identify and distinguish the source of goods or services.
Source: USPTO — What Is a Trademark? https://www.uspto.gov/trademarks/basics/what-trademark

The USPTO may refuse a phrase if consumers would view it as an informational, religious, social, political, or commonly used message rather than as a trademark identifying one commercial source.
Source: USPTO — Overview of Common Failure-to-Function Refusals: https://www.uspto.gov/learning-and-resources/uspto-videos/overview-common-failure-function-refusals
Source: USPTO — Failure-to-Function Refusals and the TTAB
https://www.uspto.gov/sites/default/files/documents/tm-failure-to-function-122024-slides.pdf

Copyright and trademark are different. Copyright generally protects original creative expression, but it does not protect names, titles, slogans, short phrases, ideas, facts, systems, or methods by themselves.
Source: U.S. Copyright Office — What Is Copyright? https://www.copyright.gov/what-is-copyright/
Source: U.S. Copyright Office — What Does Copyright Protect? https://www.copyright.gov/help/faq/faq-protect.html

Older Bible translations, old proverbs, and long-used religious sayings may be public domain or widely used, but public domain status does not automatically make a phrase trademarkable. A public domain phrase may still fail as a trademark if the public views it as scripture, a saying, decoration, or an informational message rather than a brand.
Source: Cornell University Library — Copyright Term and the Public Domain: https://guides.library.cornell.edu/copyright/publicdomain
Source: USPTO — Possible Grounds for Refusal of a Mark: https://www.uspto.gov/trademarks/additional-guidance-and-resources/possible-grounds-refusal-mark

However, a distinctive brand built around a phrase may be possible in some circumstances if consumers recognize the phrase as identifying a particular source of goods or services. The issue is not only whether the words are old, religious, or familiar; the issue is whether the phrase actually functions as a trademark in the marketplace.
Source: USPTO — What Is a Trademark? https://www.uspto.gov/trademarks/basics/what-trademark
Source: USPTO — Trademark Basics https://www.uspto.gov/trademarks/basics

Practical Examples

A Bible verse printed on a shirt, mug, journal, bookmark, devotional cover, or wall art may be viewed as ornamentation, inspiration, decoration, or a message rather than as a trademark.
Source: USPTO — Ornamental Refusal and How to Overcome It: https://www.uspto.gov/trademarks/laws/ornamental-refusal-and-how-overcome-refusal

A common religious phrase used only as a slogan, ministry statement, sermon theme, conference theme, or decorative phrase may fail to function as a trademark if consumers do not see it as identifying one source.
Source: USPTO — Overview of Common Failure-to-Function Refusals: https://www.uspto.gov/learning-and-resources/uspto-videos/overview-common-failure-function-refusals

A Bible verse, proverb, quote, or religious phrase used as the title of a single book may also face problems because the USPTO generally refuses marks used only as the title of a single creative work.
Source: USPTO — Title of a Single Creative Work Refusal: https://www.uspto.gov/trademarks/laws/title-single-work-refusal-and-how-overcome-refusal

A phrase used consistently as the name of a book series, curriculum brand, podcast, conference, course, ministry platform, merchandise brand, or publishing imprint may have a stronger trademark argument if it identifies the source of goods or services and is not merely informational, decorative, or descriptive.
Source: USPTO — Trademark Basics: https://www.uspto.gov/trademarks/basics
Source: USPTO — Trademark ID Manual: https://idm-tmng.uspto.gov

Important Caution

Authors should not assume that a Bible verse, proverb, quote, or religious phrase is available simply because it is old, spiritual, public domain, or commonly used. They should search the USPTO database, marketplace use, domain names, book catalogs, social media, merchandise platforms, ministries, courses, podcasts, and international markets if relevant.
Source: USPTO — Federal Trademark Searching: https://www.uspto.gov/trademarks/search/federal-trademark-searching
Source: USPTO — Why Search for Similar Trademarks? https://www.uspto.gov/trademarks/basics/why-search-similar-trademarks

Authors should also remember that modern Bible translations may be protected by copyright and may have their own permission rules. Public domain analysis depends on the exact translation, edition, country, and use.
Source: U.S. Copyright Office — What Is Copyright? https://www.copyright.gov/what-is-copyright/
Source: Cornell University Library — Copyright Term and the Public Domain: https://guides.library.cornell.edu/copyright/publicdomain

Because these issues can involve trademark, copyright, permissions, religious publishing, merchandising, and advertising law, authors should consult a qualified intellectual-property attorney before building a major brand around a Bible verse, proverb, quote, or religious phrase.

42. Can I trademark a character name?

Possibly, Depending on Use

Character names may raise both copyright and trademark questions. A character name may function as a trademark if it identifies the source of goods or services, especially across a book series, merchandise, entertainment services, toys, apparel, games, media, or related products. Trademark law protects source identifiers and focuses on whether consumers may be confused about source, sponsorship, affiliation, or approval.

Source: USPTO — What Is a Trademark? https://www.uspto.gov/trademarks/basics/what-trademark
Source: USPTO — Likelihood of Confusion: https://www.uspto.gov/trademarks/search/likelihood-confusion

Copyright does not protect names, titles, slogans, short phrases, ideas, concepts, or systems by themselves, although copyright may protect original creative expression within a book, illustration, script, or character artwork.
Source: U.S. Copyright Office — What Does Copyright Protect? https://www.copyright.gov/help/faq/faq-protect.html
Source: U.S. Copyright Office — Copyright Basics: https://www.copyright.gov/circs/circ01.pdf

A character name used only inside a single unpublished manuscript may not function as a trademark because it may not identify the source of goods or services in commerce.
Source: USPTO — What Is a Trademark? https://www.uspto.gov/trademarks/basics/what-trademark
Source: USPTO — Trademark Process: https://www.uspto.gov/trademarks/basics/trademark-process

A character name used across a book series, toys, apparel, media, games, entertainment services, or merchandise may function as a brand if consumers recognize it as identifying a commercial source.
Source: USPTO — Trademark Basics: https://www.uspto.gov/trademarks/basics
Source: USPTO — Trademark ID Manual: https://idm-tmng.uspto.gov

Examples

A character name used in a single unpublished manuscript may not function as a trademark.
Source: USPTO — What Is a Trademark? https://www.uspto.gov/trademarks/basics/what-trademark

A character name used across a book series, toys, apparel, media, and merchandise may function as a brand.
Source: USPTO — Trademark Basics: https://www.uspto.gov/trademarks/basics

Authors should also consider whether the character name is similar to an existing trademark, series brand, entertainment property, or merchandise brand. Trademark conflicts can involve similar appearance, sound, meaning, goods/services, trade channels, and overall commercial impression.
Source: USPTO — Why Search for Similar Trademarks? https://www.uspto.gov/trademarks/basics/why-search-similar-trademarks
Source: USPTO — Likelihood of Confusion: https://www.uspto.gov/trademarks/search/likelihood-confusion

Because character-name protection can involve trademark, copyright, merchandising, entertainment, licensing, and right-of-publicity issues, authors should consult a qualified intellectual-property attorney before investing heavily in a character-based brand.

43. What is trademark abandonment?

Definition

Trademark rights can be lost if a mark is abandoned. Abandonment can occur through nonuse with intent not to resume use or through actions that cause the mark to become generic.

15 U.S.C. § 1127 — Definitions: https://www.law.cornell.edu/uscode/text/15/1127

Author and Publisher Examples

• An author stops using a series brand for years and has no plan to resume.

• A publisher stops using an imprint and lets the registration lapse.

• A brand name becomes a generic term for the product itself.

44. How long does a trademark last?

Potentially Indefinitely If Properly Used and Maintained

Unlike copyright, trademarks can potentially last indefinitely if the mark remains in use and all required maintenance filings are made.

USPTO — Keeping Your Registration Alive: https://www.uspto.gov/trademarks/maintain/keeping-your-registration-alive

USPTO — Registration Maintenance and Renewal Forms: https://www.uspto.gov/trademarks/maintain

Federal Maintenance Deadlines

For many U.S. federal trademark registrations, owners must file required maintenance documents:

• Between the fifth and sixth years after registration.
• Between the ninth and tenth years after registration.
• Every ten years after that.

Failure to file required maintenance documents can result in cancellation or expiration of the registration.

45. What is incontestability?

Section 15 Declaration

After five consecutive years of continuous use following registration, some trademark owners may file a Declaration of Incontestability under Section 15 if statutory requirements are met.

15 U.S.C. § 1065 — Incontestability of Right to Use Mark: https://www.law.cornell.edu/uscode/text/15/1065

What It Means

Incontestability can strengthen certain legal presumptions connected to the registration, although it does not make the trademark immune from all challenges.

46. What is the Trademark Trial and Appeal Board?

TTAB

The Trademark Trial and Appeal Board, or TTAB, is an administrative tribunal within the USPTO.

USPTO — Trademark Trial and Appeal Board: https://www.uspto.gov/trademarks/ttab

The TTAB handles:

• Appeals from refusals to register.
• Opposition proceedings.
• Cancellation proceedings.
• Certain expungement and reexamination proceedings.

Opposition

An opposition may be filed after a mark is published if another party believes registration would damage them.

Cancellation

A cancellation proceeding may seek to cancel an existing registration.

USPTO — Initiating a New Proceeding: https://www.uspto.gov/trademarks/ttab/initiating-new-proceeding

TTAB Center: https://ttabcenter.uspto.gov/

Important Case: B&B Hardware

In B&B Hardware, Inc. v. Hargis Industries, Inc., 575 U.S. 138 (2015), the U.S. Supreme Court held that TTAB decisions may have preclusive effect in later court litigation when ordinary issue-preclusion requirements are met.

B&B Hardware v. Hargis: https://supreme.justia.com/cases/federal/us/575/138/

47. What is a cease-and-desist letter?

Definition

A cease-and-desist letter is a demand letter claiming that someone is violating trademark rights and demanding that the conduct stop. A trademark demand letter may claim infringement, unfair competition, dilution, false association, or likelihood of consumer confusion.

Source: USPTO — I Received a Letter/Email: https://www.uspto.gov/trademarks/i-received-letter
Source: USPTO — Been Sued or Received a Cease-and-Desist Letter? https://www.uspto.gov/trademarks/been-sued-or-received-cease-and-desist-letter-answers-common-questions-about-trademark
Source: International Trademark Association — Enforcement: https://www.inta.org/topics/enforcement/

Common Demands

• A letter may demand that the recipient:
• Stop using a name.
• Stop using a logo.
• Stop selling a book or product.
• Change a title, series name, imprint, or brand.
• Transfer a domain name.
• Remove marketing materials.
• Destroy infringing materials.
• Provide accounting information.
• Sign a settlement agreement.

Trademark claims often focus on whether consumers are likely to be confused about source, sponsorship, affiliation, approval, or connection.
Source: USPTO — Likelihood of Confusion: https://www.uspto.gov/trademarks/search/likelihood-confusion
Source: USPTO — About Trademark Infringement: https://www.uspto.gov/page/about-trademark-infringement
Source: Cornell Law School — 15 U.S.C. § 1114, Trademark Infringement: https://www.law.cornell.edu/uscode/text/15/1114
Source: Cornell Law School — 15 U.S.C. § 1125, False Designations of Origin and False Advertising: https://www.law.cornell.edu/uscode/text/15/1125

What Authors Should Do

If an author or publisher receives a trademark demand letter:

• Do not ignore it.
• Do not respond emotionally.
• Do not admit liability without legal advice.
• Preserve all records.
• Review the mark, use, dates, and goods/services.
• Consult a qualified trademark attorney.
• Consider whether the claim has merit.
• Consider whether settlement, rebranding, coexistence, or defense is appropriate.

The USPTO specifically warns that trademark letters and lawsuits should be taken seriously and that recipients should consider speaking with a trademark attorney.
Source: USPTO — I Received a Letter/Email: https://www.uspto.gov/trademarks/i-received-letter
Source: USPTO — Why Hire a Private Trademark Attorney? https://www.uspto.gov/trademarks/basics/why-hire-private-trademark-attorney

A cease-and-desist letter is not the same thing as a court order, but it can be a serious legal warning. The safest response is to preserve evidence, avoid rushed admissions, and get qualified legal advice before replying.

48. What should I do if I may be infringing someone’s trademark?

Stop and Evaluate Before Expanding Use

If an author discovers a possible trademark problem, the author should pause before investing more money in covers, websites, advertising, merchandise, podcast art, course materials, videos, distribution, or product launches. Trademark problems are often fact-specific and may depend on priority, marketplace use, goods and services, trade channels, and likelihood of consumer confusion.
Source: USPTO — Likelihood of Confusion
https://www.uspto.gov/trademarks/search/likelihood-confusion
Source: USPTO — Why Search for Similar Trademarks?
https://www.uspto.gov/trademarks/basics/why-search-similar-trademarks

Always Consult a Qualified Trademark Attorney

If there is a realistic risk that your name, logo, title, series name, imprint, course, podcast, merchandise, or platform may conflict with someone else’s trademark, consult a qualified trademark attorney before expanding use, responding to a complaint, or making public statements.
Source: USPTO — Why Hire a Private Trademark Attorney? https://www.uspto.gov/trademarks/basics/why-hire-private-trademark-attorney
Source: USPTO — Been Sued or Received a Cease-and-Desist Letter? https://www.uspto.gov/trademarks/been-sued-or-received-cease-and-desist-letter-answers-common-questions-about-trademark

Practical Steps

The author or publisher should:

• Identify the exact mark.
  Source: USPTO — What Is a Trademark? https://www.uspto.gov/trademarks/basics/what-trademark
• Identify how it is being used.
  Source: USPTO — Trademark Basics: https://www.uspto.gov/trademarks/basics
• Search the USPTO database.
  Source: USPTO — Trademark Search: https://www.uspto.gov/trademarks/search
• Search the marketplace.
  Source: USPTO — Federal Trademark Searching: https://www.uspto.gov/trademarks/search/federal-trademark-searching
• Determine whether another party has earlier rights.
  Source: USPTO — Trademark Process: https://www.uspto.gov/trademarks/basics/trademark-process
• Compare the goods and services.
  Source: USPTO — Trademark ID Manual: https://idm-tmng.uspto.gov
  Source: USPTO — Likelihood of Confusion: https://www.uspto.gov/trademarks/search/likelihood-confusion
• Compare the trade channels.
  Source: USPTO — Likelihood of Confusion: https://www.uspto.gov/trademarks/search/likelihood-confusion
• Evaluate likelihood of confusion.
  Source: USPTO — Likelihood of Confusion: https://www.uspto.gov/trademarks/search/likelihood-confusion
• Determine whether nominative use, descriptive use, fair use, or First Amendment issues may apply.
  Source: USPTO — Trademark Fair Use: https://www.uspto.gov/trademarks/basics/trademark-fair-use
  Source: Cornell Law School — 15 U.S.C. § 1115, Registration on Principal Register as Evidence: https://www.law.cornell.edu/uscode/text/15/1115
• Avoid suggesting endorsement or sponsorship.
  Source: USPTO — Likelihood of Confusion: https://www.uspto.gov/trademarks/search/likelihood-confusion
  Source: FTC — Endorsements, Influencers, and Reviews: https://www.ftc.gov/business-guidance/advertising-marketing/endorsements-influencers-reviews
• Consider rebranding if risk is high.
  Source: USPTO — Why Search for Similar Trademarks? https://www.uspto.gov/trademarks/basics/why-search-similar-trademarks
• Consult a qualified trademark attorney before deciding whether to keep using the mark, modify the branding, respond to the other party, file an application, oppose a registration, negotiate coexistence, or rebrand.
  Source: USPTO — Why Hire a Private Trademark Attorney? https://www.uspto.gov/trademarks/basics/why-hire-private-trademark-attorney

49. What should I do if someone is using my trademark?

Document the Use

If someone appears to be using your trademark or a confusingly similar mark, begin by gathering evidence. Trademark issues often turn on whether the use is likely to confuse consumers about source, sponsorship, affiliation, approval, or connection.
Source: USPTO — Likelihood of Confusion: https://www.uspto.gov/trademarks/search/likelihood-confusion

Always Consult a Qualified Trademark Attorney

Trademark disputes can be fact-specific and legally risky. Before sending threats, filing complaints, responding publicly, or taking legal action, consult a qualified trademark attorney. A trademark attorney can review ownership, registration status, actual marketplace use, possible defenses, deadlines, and the best enforcement strategy.
Source: USPTO — Why Hire a Private Trademark Attorney? https://www.uspto.gov/trademarks/basics/why-hire-private-trademark-attorney
Source: USPTO — Been Sued or Received a Cease-and-Desist Letter? https://www.uspto.gov/trademarks/been-sued-or-received-cease-and-desist-letter-answers-common-questions-about-trademark

Practical Steps

The trademark owner should:

• Save screenshots.
• Save URLs.
• Save dates.
• Save product listings.
• Save advertisements.
• Save social media posts.
• Save book covers or product pages.
• Save evidence of confusion, if any.
• Review your own trademark registration and use.
• Confirm ownership.
• Consult a qualified trademark attorney before taking action.

Source: USPTO — Keeping Your Registration Alive: https://www.uspto.gov/trademarks/maintain/keeping-your-registration-alive
Source: USPTO — Trademark Basics: https://www.uspto.gov/trademarks/basics

Possible Responses

Depending on the facts, options may include:

• Monitoring.
• Friendly outreach.
• Cease-and-desist letter.
  Source: USPTO — I Received a Letter/Email: https://www.uspto.gov/trademarks/i-received-letter
• Platform complaint.
  Source: Amazon — Report Infringement: https://www.amazon.com/report/infringement
  Source: Amazon Seller Central — Report Infringement Form: https://sellercentral.amazon.com/help/hub/reference/external/GJFZJ63CR5BRSNAY
  Source: Google Ads — Trademarks Policy: https://support.google.com/adspolicy/answer/6118
• Domain dispute.
  Source: WIPO — Domain Name Dispute Resolution: https://www.wipo.int/amc/en/domains/
  Source: WIPO — UDRP Model Complaint and Filing Guidelines: https://amc.wipo.int/udrp/complaint.jsp
• TTAB opposition.
• TTAB cancellation.
  Source: USPTO — Initiating a New TTAB Proceeding: https://www.uspto.gov/trademarks/ttab/initiating-new-proceeding
  Source: USPTO — Trademark Trial and Appeal Board: https://www.uspto.gov/trademarks/ttab
• Federal lawsuit.
  Source: Cornell Law School — 15 U.S.C. § 1114, Trademark Infringement: https://www.law.cornell.edu/uscode/text/15/1114
  Source: Cornell Law School — 15 U.S.C. § 1125, False Designations of Origin and False Advertising: https://www.law.cornell.edu/uscode/text/15/1125
• Settlement or coexistence agreement.
  Source: USPTO — Why Hire a Private Trademark Attorney? https://www.uspto.gov/trademarks/basics/why-hire-private-trademark-attorney

Do not assume every similar use is infringement, and do not assume every dispute should be handled the same way. Trademark enforcement should be based on facts, evidence, registration status, actual marketplace use, likelihood of confusion, and advice from qualified legal counsel.

50. What is trademark willfulness?

Definition

Willfulness in trademark law generally concerns the defendant’s state of mind, such as intentional, knowing, reckless, or bad-faith conduct. Willfulness may affect remedies, damages, profits, and equitable considerations.

Key Case: Romag Fasteners v. Fossil

In Romag Fasteners, Inc. v. Fossil, Inc., 590 U.S. ___ (2020), the U.S. Supreme Court held that willfulness is not an absolute prerequisite to an award of profits for trademark infringement under 15 U.S.C. § 1117(a), although the defendant’s mental state remains an important consideration.

Supreme Court opinion: https://www.supremecourt.gov/opinions/19pdf/18-1233_5he6.pdf

51. What remedies are available for trademark infringement?

Possible Remedies

Trademark remedies may include:

• Injunctions.
• Monetary damages.
• Defendant’s profits.
• Corrective advertising.
• Destruction of infringing materials.
• Attorneys’ fees in exceptional cases.
• Costs.
• Domain transfer in cybersquatting cases.
• Other equitable relief.

15 U.S.C. § 1116 — Injunctive Relief: https://www.law.cornell.edu/uscode/text/15/1116

15 U.S.C. § 1117 — Recovery for Violation of Rights: https://www.law.cornell.edu/uscode/text/15/1117

15 U.S.C. § 1118 — Destruction of Infringing Articles: https://www.law.cornell.edu/uscode/text/15/1118

52. Can a trademark be used internationally?

Trademark Rights Are Territorial

Trademark rights are generally territorial. A U.S. trademark registration does not automatically protect a mark in every country.

Madrid Protocol

The Madrid Protocol allows trademark owners to seek protection in multiple countries through a streamlined international filing system.

USPTO — Madrid Protocol: https://www.uspto.gov/ip-policy/international-protection/madrid-protocol

The USPTO explains that the Madrid Protocol allows trademark owners to file one application to register a trademark in multiple countries and regional intellectual property offices.

53. Does U.S. trademark law apply outside the United States?

Arbitron and Domestic Use in Commerce

In Abitron Austria GmbH v. Hetronic International, Inc., 600 U.S. ___ (2023), the U.S. Supreme Court held that certain Lanham Act trademark provisions are not extraterritorial and apply only to domestic use in commerce.

Abitron v. Hetronic: https://supreme.justia.com/cases/federal/us/600/21-1043/

Oyez summary: https://www.oyez.org/cases/2022/21-1043

54. Can I use a trademark in ads, metadata, keywords, or online listings?

Higher Risk Areas

Trademark issues can arise not only in book text or covers, but also in advertising, metadata, keywords, category descriptions, online listings, course pages, podcast titles, SEO, hashtags, Amazon listings, and social media.

• Trademark law looks at whether use of a mark is likely to confuse consumers about source, sponsorship, affiliation, approval, or connection.
  Source: USPTO — Likelihood of Confusion: https://www.uspto.gov/trademarks/search/likelihood-confusion
  Source: Cornell Law School — 15 U.S.C. § 1125, False Designations of Origin and False Advertising: https://www.law.cornell.edu/uscode/text/15/1125
• Advertising and promotional claims must also be truthful and not misleading.
  Source: FTC — Advertising and Marketing: https://www.ftc.gov/business-guidance/advertising-marketing
  Source: FTC — Truth in Advertising: https://www.ftc.gov/news-events/topics/truth-advertising

Risk Factors

Risk increases if:

• The trademark is used to attract buyers deceptively.
  Source: Cornell Law School — 15 U.S.C. § 1125: https://www.law.cornell.edu/uscode/text/15/1125
• The use implies affiliation.
  Source: USPTO — Likelihood of Confusion: https://www.uspto.gov/trademarks/search/likelihood-confusion
• The mark appears in title, subtitle, author name, imprint, series name, or publisher field in a way that suggests source, sponsorship, approval, or connection.
  Source: USPTO — Likelihood of Confusion: https://www.uspto.gov/trademarks/search/likelihood-confusion
• The use suggests endorsement.
  Source: FTC — Endorsements, Influencers, and Reviews: https://www.ftc.gov/business-guidance/advertising-marketing/endorsements-influencers-reviews
  Source: FTC — Endorsement Guides: https://www.ftc.gov/business-guidance/resources/ftcs-endorsement-guides-what-people-are-asking
• The use diverts customers from the trademark owner.
  Source: Cornell Law School — 15 U.S.C. § 1125: https://www.law.cornell.edu/uscode/text/15/1125
• The use misleads platform users.
  Source: FTC — Advertising and Marketing: https://www.ftc.gov/business-guidance/advertising-marketing
•  The use violates platform policies.
  Source: Google Ads — Trademarks Policy: https://support.google.com/adspolicy/answer/6118
  Source: Amazon KDP — Metadata Guidelines: https://kdp.amazon.com/en_US/help/topic/G201097560
  Source: Amazon Ads — Creative Acceptance Policies: https://advertising.amazon.com/resources/ad-policy/creative-acceptance

55. Can I use another author’s name in marketing?

Be Careful with Comparisons and Endorsements

Authors may compare their work to other authors, books, genres, or audiences, but they should avoid false or misleading claims of endorsement, affiliation, sponsorship, approval, authorization, or connection. Trademark law focuses on whether consumers may be confused about the source, sponsorship, affiliation, or approval of goods or services.
Source: USPTO — Likelihood of Confusion: https://www.uspto.gov/trademarks/search/likelihood-confusion
Source: Federal Trade Commission — Advertising and Marketing Basics: https://www.ftc.gov/business-guidance/advertising-marketing

Endorsement claims must also be truthful and not misleading. The FTC states that endorsements must reflect honest opinions, findings, beliefs, or experiences, and advertisers may not use endorsements to make claims they could not otherwise make directly.
Source: FTC — Endorsement Guides: https://www.ftc.gov/business-guidance/resources/ftcs-endorsement-guides-what-people-are-asking
Source: FTC — Guides Concerning Use of Endorsements and Testimonials in Advertising: https://www.ecfr.gov/current/title-16/chapter-I/subchapter-B/part-255

Examples of Higher-Risk Statements

• “Endorsed by [Famous Author]” when no endorsement exists.
  Source: FTC — Endorsement Guides: https://www.ftc.gov/business-guidance/resources/ftcs-endorsement-guides-what-people-are-asking
• “Official companion to [Famous Series]” without authorization.
  Source: USPTO — Likelihood of Confusion: https://www.uspto.gov/trademarks/search/likelihood-confusion
• “Authorized guide to [Trademarked Brand]” without authorization.
  Source: USPTO — Likelihood of Confusion: https://www.uspto.gov/trademarks/search/likelihood-confusion
• “From the publisher of [Famous Book]” if not accurate.
  Source: FTC — Advertising and Marketing Basics: https://www.ftc.gov/business-guidance/advertising-marketing
• “Like [Famous Author]” in a way that implies association, sponsorship, approval, or endorsement.
  Source: USPTO — Likelihood of Confusion: https://www.uspto.gov/trademarks/search/likelihood-confusion
  Source: FTC — Endorsement Guides: https://www.ftc.gov/business-guidance/resources/ftcs-endorsement-guides-what-people-are-asking

Safer Comparative Language

Comparative statements should be truthful, nonmisleading, and carefully worded. Authors should focus on genre, tone, audience, themes, or reading experience rather than implying that another author, publisher, estate, series, or brand endorsed, approved, sponsored, authorized, or participated in the project.
Source: FTC — Advertising and Marketing Basics: https://www.ftc.gov/business-guidance/advertising-marketing
Source: FTC — Truth In Advertising: https://www.ftc.gov/news-events/topics/truth-advertising

56. What is right of publicity, and how is it different from trademark?

Definition

The right of publicity generally protects a person’s name, likeness, image, voice, signature, or other recognizable parts of that person’s identity from unauthorized commercial exploitation. Unlike federal trademark law, right of publicity law is mostly state based.
Source: Cornell Law School — Right of Publicity: https://www.law.cornell.edu/wex/publicity

Difference From Trademark

Trademark law protects source identifiers and helps prevent consumer confusion about the source, sponsorship, affiliation, or approval of goods or services.
Source: USPTO — What Is a Trademark? https://www.uspto.gov/trademarks/basics/what-trademark
Source: USPTO — Likelihood of Confusion: https://www.uspto.gov/trademarks/search/likelihood-confusion

Right of publicity protects personal identity from unauthorized commercial use. It is about the commercial use of a person’s identity, not merely whether consumers are confused about the source of a product.
Source: Cornell Law School — Right of Publicity: https://www.law.cornell.edu/wex/publicity

Copyright protects original creative expression, not names, titles, slogans, ideas, facts, systems, methods, or concepts.
Source: U.S. Copyright Office — What Is Copyright? https://www.copyright.gov/what-is-copyright/

Author Examples

• Using a celebrity’s name or image on a book cover may raise right of publicity issues if the use suggests commercial exploitation of that person’s identity, endorsement, sponsorship, or promotional value.
  Source: Cornell Law School — Right of Publicity: https://www.law.cornell.edu/wex/publicity
  Source: USPTO — Likelihood of Confusion: https://www.uspto.gov/trademarks/search/likelihood-confusion
• Using a living person’s name, portrait, signature, nickname, pseudonym, or likeness in a trademark application may require written consent.
  Source: USPTO — Using a Living Person’s Name or Likeness in a Trademark: https://www.uspto.gov/trademarks/laws/inquiry-regarding-nameportraitsignature-particular-living-individual-mark
• Using a person’s likeness, image, voice, signature, or identity in advertising, merchandise, promotions, courses, coaching programs, podcasts, conferences, or book marketing may require permission, especially when the use is commercial.
  Source: Cornell Law School — Right of Publicity: https://www.law.cornell.edu/wex/publicity
  Source: USPTO — Using a Living Person’s Name or Likeness in a Trademark: https://www.uspto.gov/trademarks/laws/inquiry-regarding-nameportraitsignature-particular-living-individual-mark

57. What are common trademark mistakes authors make?

Common Mistakes

Authors, writers, publishers, and creators often make avoidable trademark mistakes, including:

• Assuming an LLC name means the brand is trademark-clear. A state business filing does not automatically create federal trademark rights or prove that a name is safe to use nationwide.
  Source: USPTO — Trademark Basics: https://www.uspto.gov/trademarks/basics
• Assuming a domain name means the brand is trademark-clear. The USPTO explains that registering a domain name with a registrar does not give trademark rights by itself.
  Source: USPTO — Trademark Process: https://www.uspto.gov/trademarks/basics/trademark-process
• Assuming a social media handle means the brand is trademark-clear. A handle may show availability on a platform, but trademark rights depend on use as a source identifier for goods or services.
  Source: USPTO — What Is a Trademark? https://www.uspto.gov/trademarks/basics/what-trademark
• Assuming Amazon availability means the name is legally clear. Marketplace availability is not the same as trademark clearance; authors should search federal trademark records and similar uses.
  Source: USPTO — Federal Trademark Searching: https://www.uspto.gov/trademarks/search/federal-trademark-searching
• Assuming a book title can always be trademarked. A single book title is often treated as the title of a single creative work and may be refused registration.
  Source: USPTO — Title of a Single Creative Work Refusal: https://www.uspto.gov/trademarks/laws/title-single-work-refusal-and-how-overcome-refusal
• Assuming a single book title functions as a trademark. The USPTO generally requires the mark to identify the source of goods or services, not merely the name of one creative work.
  Source: USPTO — What Is a Trademark? https://www.uspto.gov/trademarks/basics/what-trademark
  Source: USPTO — Title of a Single Creative Work Refusal: https://www.uspto.gov/trademarks/laws/title-single-work-refusal-and-how-overcome-refusal
• Assuming a series name is protected without proper use. A series title may be registrable when it identifies a continuing series, but the owner must show proper trademark use.
  Source: USPTO — Failure-to-Function Refusals Overview: https://www.uspto.gov/sites/default/files/documents/tm-trademarks-failuretofunction-20230328.pdf
• Assuming a logo registration protects the words. A design/logo registration may not protect the wording by itself the same way a standard character word mark can.
  Source: USPTO — Standard Character Marks: https://www.uspto.gov/trademarks/basics/standard-character-marks
• Assuming a word mark registration protects every design. A word mark protects the wording, but a specific logo, design, or stylized presentation may require separate analysis or filing.
  Source: USPTO — Drawing of Your Mark: https://www.uspto.gov/trademarks/basics/drawing-your-mark
• Assuming a trademark search only needs exact matches. The USPTO warns that similar trademarks may be refused when they create a likelihood of confusion.
  Source: USPTO — Why Search for Similar Trademarks? https://www.uspto.gov/trademarks/basics/why-search-similar-trademarks
  Source: USPTO — Likelihood of Confusion: https://www.uspto.gov/trademarks/search/likelihood-confusion
• Assuming spelling changes avoid infringement. Trademark conflict can involve similarity in appearance, sound, meaning, or commercial impression, not only exact spelling.
  Source: USPTO — Likelihood of Confusion: https://www.uspto.gov/trademarks/search/likelihood-confusion
• Assuming adding “books,” “publishing,” “media,” “group,” or “press” solves confusion. Descriptive or generic wording may not remove confusion if the overall commercial impression remains similar.
  Source: USPTO — Likelihood of Confusion: https://www.uspto.gov/trademarks/search/likelihood-confusion
  Source: USPTO — Disclaimer Practice: https://www.uspto.gov/trademarks/laws/disclaimer-practice
• Assuming a disclaimer eliminates all risks. A disclaimer does not remove wording from the mark or automatically avoid likelihood-of-confusion problems.
  Source: USPTO — Disclaimer Practice: https://www.uspto.gov/trademarks/laws/disclaimer-practice
• Assuming a trademark registration protects every product or service. Trademark rights are tied to specific goods and services listed in the application or registration.
  Source: USPTO — Trademark ID Manual: https://idm-tmng.uspto.gov
  Source: USPTO — Trademark Basics: https://www.uspto.gov/trademarks/basics
• Using ® before federal registration. The registration symbol may be used only after the USPTO federally registers the mark.
  Source: USPTO — Trademark Registration Toolkit: https://www.uspto.gov/sites/default/files/documents/TM-Registration-Toolkit.pdf
  Source: INTA — Trademark Symbols: https://www.inta.org/fact-sheets/trademark-symbols/
• Forgetting maintenance deadlines. A federal trademark registration must be maintained with required filings, including proof of continued use.
  Source: USPTO — Keeping Your Registration Alive: https://www.uspto.gov/trademarks/maintain/keeping-your-registration-alive
  Source: USPTO — Registration Maintenance Forms: https://www.uspto.gov/trademarks/maintain
• Using another company’s logo without permission. Logos can function as trademarks, and unauthorized use may create confusion or imply endorsement.
  Source: USPTO — What Is a Trademark? https://www.uspto.gov/trademarks/basics/what-trademark
  Source: USPTO — Likelihood of Confusion: https://www.uspto.gov/trademarks/search/likelihood-confusion
• Using another author’s name in misleading marketing. Trademark law focuses on whether consumers may be confused about source, sponsorship, affiliation, or approval.
  Source: USPTO — Likelihood of Confusion: https://www.uspto.gov/trademarks/search/likelihood-confusion
• Creating a cover that looks too much like a famous book series. Similar names, logos, trade dress, or visual branding can create confusion about source, sponsorship, or affiliation.
  Source: USPTO — Likelihood of Confusion: https://www.uspto.gov/trademarks/search/likelihood-confusion
  Source: USPTO — Trade Dress: https://www.uspto.gov/ip-policy/trademark-policy/trade-dress
• Choosing a descriptive name that is weak or hard to register. Descriptive marks may be refused or considered weak unless they acquire distinctiveness.
  Source: USPTO — Possible Grounds for Refusal of a Mark: https://www.uspto.gov/trademarks/additional-guidance-and-resources/possible-grounds-refusal-mark
• Ignoring an Office Action. If the USPTO issues an Office Action, the applicant must respond properly and on time or the application can be abandoned.
  Source: USPTO — Office Action Response Timeline: https://www.uspto.gov/trademarks/apply/responding-office-actions
• Ignoring a cease-and-desist letter. A cease-and-desist letter should not be ignored; it should be reviewed carefully with qualified legal counsel before responding.
  Source: International Trademark Association — Trademark Basics: https://www.inta.org/fact-sheets/trademark-basics/
• Waiting until launch day to search for the name. Authors should search early because similar existing marks can create refusal risks, rebranding costs, marketplace confusion, or legal conflict.
  Source: USPTO — Federal Trademark Searching: https://www.uspto.gov/trademarks/search/federal-trademark-searching
  Source: USPTO — Why Search for Similar Trademarks? https://www.uspto.gov/trademarks/basics/why-search-similar-trademarks

58. What should authors search for before launching a book, series, or platform?

Practical Trademark Search Checklist

Before launching a major book brand, series, imprint, course, podcast, ministry platform, or publishing company name, authors and publishers should search for existing identical or similar uses. The USPTO explains that trademark conflicts are not limited to exact matches; marks may create confusion if they look alike, sound alike, have similar meanings, or create a similar commercial impression.

Source: USPTO — Federal Trademark Searching: https://www.uspto.gov/trademarks/search/federal-trademark-searching
Source: USPTO — Why Search for Similar Trademarks? https://www.uspto.gov/trademarks/basics/why-search-similar-trademarks
Source: USPTO — Likelihood of Confusion: https://www.uspto.gov/trademarks/search/likelihood-confusion

Before launching a major brand, authors and publishers should search:

• USPTO database.
  Source: USPTO Trademark Search: https://www.uspto.gov/trademarks/search
• Google.
  Source: Google Search: https://www.google.com
• Amazon.
  Source: Amazon Books: https://www.amazon.com/books-used-books-textbooks/b?node=283155
• Goodreads.
  Source: Goodreads Search: https://www.goodreads.com/search
• Barnes & Noble.
  Source: Barnes & Noble Search: https://www.barnesandnoble.com
• Bookshop.
  Source: Bookshop.org Search: https://bookshop.org
• Library of Congress catalog.
  Source: Library of Congress Catalog: https://catalog.loc.gov
• WorldCat.
  Source: WorldCat Global Library Catalog: https://search.worldcat.org
• YouTube.
  Source: YouTube Search: https://www.youtube.com
• Spotify.
  Source: Spotify Search: https://open.spotify.com/search
• Apple Podcasts.
  Source: Apple Podcasts Search: https://podcasts.apple.com
• Social media handles.
  Source: X Search: https://x.com/search
  Source: Facebook Search: https://www.facebook.com/search
  Source: Instagram Search: https://www.instagram.com
  Source: TikTok Search: https://www.tiktok.com/search
• Domain names.
  Source: ICANN Lookup: https://lookup.icann.org
• State business databases.
  Source: Florida Division of Corporations — Sunbiz Search: https://search.sunbiz.org
  Source: National Association of Secretaries of State — Business Services Links: https://www.nass.org/business-services
• Conference names.
  Source: Google Search: https://www.google.com
  Source: Eventbrite Search: https://www.eventbrite.com
• Course platforms.
  Source: Udemy Search: https://www.udemy.com
  Source: Coursera Search: https://www.coursera.org
  Source: Thinkific: https://www.thinkific.com
  Source: Teachable: https://teachable.com
• Publisher catalogs.
  Source: Penguin Random House Search: https://www.penguinrandomhouse.com/search
  Source: HarperCollins Search: https://www.harpercollins.com/search
  Source: Simon & Schuster Search: https://www.simonandschuster.com/search
  Source: Hachette Book Group Search: https://www.hachettebookgroup.com/search
  Source: Macmillan Search: https://us.macmillan.com/search
• Ministry and nonprofit names.
  Source: IRS Tax Exempt Organization Search: https://apps.irs.gov/app/eos
  Source: Candid / GuideStar Nonprofit Search: https://www.guidestar.org
• Coaching program names.
  Source: Google Search: https://www.google.com
  Source: LinkedIn Search: https://www.linkedin.com/search/results/all
• Merchandise platforms.
  Source: Etsy Search: https://www.etsy.com/search
  Source: Shopify Store Search: https://www.shopify.com
  Source: Amazon Merch on Demand: https://merch.amazon.com
• International markets if relevant.
  Source: WIPO Global Brand Database: https://branddb.wipo.int
  Source: EUIPO eSearch: https://euipo.europa.eu/eSearch
  Source: UK Intellectual Property Office Trademark Search: https://trademarks.ipo.gov.uk/ipo-tmtext
  Source: Canadian Trademarks Database: https://ised-isde.canada.ca/cipo/trademark-search/srch

Search Variations

Search for exact and similar versions because trademark conflict can involve more than identical names. The USPTO states that confusing similarity may involve appearance, sound, meaning, and overall commercial impression.
Source: USPTO — Federal Trademark Searching: https://www.uspto.gov/trademarks/search/federal-trademark-searching

Search for:

• Exact phrase.
• Similar spelling.
• Sound-alike names.
• Singular/plural.
• Abbreviations.
• Hyphenated forms.
• Word order changes.
• Foreign language equivalents if relevant.
• Common misspellings.
• Similar logos.
• Similar visual concepts.

Authors should document their searches, keep screenshots or notes, and consult a qualified trademark attorney when a name, series, imprint, course, podcast, or platform is central to the author’s long-term brand.

59. What should authors protect first?

Priority Areas

Authors and publishers should consider protecting brand identifiers that help readers recognize the source of goods or services, including names, logos, phrases, symbols, designs, or combinations of those things.
Source: USPTO — What Is a Trademark? https://www.uspto.gov/trademarks/basics/what-trademark

Authors and publishers should consider protecting:

• Publishing company name.
• Imprint name.
• Author brand name.
• Book series title.
• Curriculum brand.
• Course name.
• Podcast name.
• YouTube channel brand.
• Conference name.
• Coaching program name.
• Membership community name.
• Merchandise brand.
• Logo.
• Slogan or tagline, if it functions as a mark.

Lower Priority or Problematic Areas

• A single book title may not be registrable because the USPTO generally refuses marks used only as the title of a single creative work, though a series title may be registrable.
  Source: USPTO — Title of a Single Creative Work Refusal: https://www.uspto.gov/trademarks/laws/title-single-work-refusal-and-how-overcome-refusal
• A common phrase may fail to function as a trademark if consumers view it only as an informational message rather than as a source identifier.
  Source: USPTO — Failure-to-Function Refusals: https://www.uspto.gov/learning-and-resources/uspto-videos/attorney-practitioners-failure-function-refusals-ttab
• A descriptive phrase may be weak or refused if it merely describes the goods or services.
  Source: USPTO — Possible Grounds for Refusal of a Mark: https://www.uspto.gov/trademarks/additional-guidance-and-resources/possible-grounds-refusal-mark
•  A purely ornamental design may not function as a trademark if it appears only as decoration rather than identifying the source of the goods.
  Source: USPTO — Ornamental Refusal: https://www.uspto.gov/trademarks/laws/ornamental-refusal-and-how-overcome-refusal

60. What landmark trademark cases should authors and publishers know?

Rogers v. Grimaldi, 1989

Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989), created an important test for trademarks used in expressive works.

Rogers v. Grimaldi: https://law.justia.com/cases/federal/appellate-courts/F2/875/994/3823/

New Kids on the Block v. News America Publishing, 1992

New Kids on the Block v. News America Publishing, 971 F.2d 302 (9th Cir. 1992), is a key nominative Fair Use case.

New Kids case reference: https://cyber.harvard.edu/metaschool/fisher/domain/tmcases/newkids.htm

Two Pesos v. Taco Cabana, 1992

Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763 (1992), addressed trade dress protection.

Supreme Court opinion: https://supreme.justia.com/cases/federal/us/505/763/

Wal-Mart v. Samara Brothers, 2000

Wal-Mart Stores, Inc. v. Samara Brothers, Inc., 529 U.S. 205 (2000), addressed product design, trade dress, and distinctiveness.

Supreme Court opinion: https://supreme.justia.com/cases/federal/us/529/205/

Dastar v. Twentieth Century Fox, 2003

Dastar Corp. v. Twentieth Century Fox Film Corp., 539 U.S. 23 (2003), is important for understanding the difference between copyright, trademark, attribution, and public domain works.

Supreme Court opinion: https://supreme.justia.com/cases/federal/us/539/23/

Oyez summary: https://www.oyez.org/cases/2002/02-428

KP Permanent Make-Up v. Lasting Impression, 2004

KP Permanent Make-Up, Inc. v. Lasting Impression I, Inc., 543 U.S. 111 (2004), addressed descriptive Fair Use.

Supreme Court opinion: https://supreme.justia.com/cases/federal/us/543/111/

Oyez summary: https://www.oyez.org/cases/2004/03-409

MGM Studios v. Grokster, 2005

Although primarily a copyright case, MGM Studios, Inc. v. Grokster, 545 U.S. 913 (2005), is sometimes discussed in broader intellectual property and secondary liability conversations.

Supreme Court opinion: https://supreme.justia.com/cases/federal/us/545/913/

B&B Hardware v. Hargis, 2015

B&B Hardware, Inc. v. Hargis Industries, Inc., 575 U.S. 138 (2015), held that TTAB decisions may have a preclusive effect in later court litigation under certain circumstances.

Supreme Court opinion: https://supreme.justia.com/cases/federal/us/575/138/

Oyez summary: https://www.oyez.org/cases/2014/13-352

Matal v. Tam, 2017

Matal v. Tam, 582 U.S. 218 (2017), held that the Lanham Act’s disparagement clause violated the First Amendment.

Supreme Court opinion: https://supreme.justia.com/cases/federal/us/582/15-1293/

Oyez summary: https://www.oyez.org/cases/2016/15-1293

Iancu v. Brunetti, 2019

Iancu v. Brunetti, 588 U.S. ___ (2019), held that the Lanham Act’s prohibition on registering immoral or scandalous marks violated the First Amendment.

Supreme Court opinion: https://supreme.justia.com/cases/federal/us/588/18-302/

USPTO v. Booking.com, 2020

United States Patent and Trademark Office v. Booking.com B.V., 591 U.S. ___ (2020), addressed whether “generic.com” terms are automatically generic.

Supreme Court opinion: https://www.supremecourt.gov/opinions/19pdf/19-46_8n59.pdf

Oyez summary: https://www.oyez.org/cases/2019/19-46

Romag Fasteners v. Fossil, 2020

Romag Fasteners, Inc. v. Fossil, Inc., 590 U.S. ___ (2020), held that willfulness is not an absolute prerequisite to an award of profits in trademark infringement cases under 15 U.S.C. § 1117(a), though mental state remains important.

Supreme Court opinion: https://www.supremecourt.gov/opinions/19pdf/18-1233_5he6.pdf

Jack Daniel’s v. VIP Products, 2023

Jack Daniel’s Properties, Inc. v. VIP Products LLC, 599 U.S. 140 (2023), limited the Rogers test where the accused use functions as a source identifier.

Supreme Court opinion: https://www.supremecourt.gov/opinions/22pdf/22-148_3e04.pdf

Oyez summary: https://www.oyez.org/cases/2022/22-148

Abitron v. Hetronic, 2023

Abitron Austria GmbH v. Hetronic International, Inc., 600 U.S. ___ (2023), held that certain Lanham Act provisions apply only to domestic use in commerce.

Supreme Court opinion: https://supreme.justia.com/cases/federal/us/600/21-1043/

Oyez summary: https://www.oyez.org/cases/2022/21-1043

Vidal v. Elster, 2024

Vidal v. Elster, 602 U.S. ___ (2024), upheld the Lanham Act’s names clause requiring consent to register a mark identifying a particular living individual.

Supreme Court opinion: https://supreme.justia.com/cases/federal/us/602/22-704/

Oyez summary: https://www.oyez.org/cases/2023/22-704

Cox Communications v. Sony Music Entertainment, 2026

Cox Communications, Inc. v. Sony Music Entertainment, 607 U.S. ___ (2026), addressed contributory copyright liability, not trademark law. It is useful as a broader intellectual property case concerning platform/service-provider liability, but it should not be treated as a trademark case.

Supreme Court opinion: https://www.supremecourt.gov/opinions/25pdf/24-171_bq7d.pdf

Oyez summary: https://www.oyez.org/cases/2025/24-171

61. What are the most important trademark laws authors should know?

Lanham Act / Federal Trademark Law

The Lanham Act is the primary federal trademark statute in the United States.

15 U.S.C. § 1051 — Application for Registration: https://www.law.cornell.edu/uscode/text/15/1051

15 U.S.C. § 1052 — Grounds for Refusal: https://www.law.cornell.edu/uscode/text/15/1052

15 U.S.C. § 1057 — Certificates of Registration: https://www.law.cornell.edu/uscode/text/15/1057

15 U.S.C. § 1064 — Cancellation: https://www.law.cornell.edu/uscode/text/15/1064

15 U.S.C. § 1065 — Incontestability: https://www.law.cornell.edu/uscode/text/15/1065

15 U.S.C. § 1114 — Registered Trademark Infringement: https://www.law.cornell.edu/uscode/text/15/1114

15 U.S.C. § 1115 — Registration as Evidence; Defenses: https://www.law.cornell.edu/uscode/text/15/1115

15 U.S.C. § 1116 — Injunctions: https://www.law.cornell.edu/uscode/text/15/1116

15 U.S.C. § 1117 — Recovery for Violations: https://www.law.cornell.edu/uscode/text/15/1117

15 U.S.C. § 1118 — Destruction of Infringing Articles: https://www.law.cornell.edu/uscode/text/15/1118

15 U.S.C. § 1125 — False Designation, False Advertising, Dilution, Cybersquatting: https://www.law.cornell.edu/uscode/text/15/1125

15 U.S.C. § 1127 — Definitions: https://www.law.cornell.edu/uscode/text/15/1127

62. What are the most important USPTO trademark resources?

USPTO Main Trademark Resources

USPTO Trademarks: https://www.uspto.gov/trademarks

Trademark Basics: https://www.uspto.gov/trademarks/basics

What Is a Trademark? https://www.uspto.gov/trademarks/basics/what-trademark

Why Register Your Trademark? https://www.uspto.gov/trademarks/basics/why-register-your-trademark

Trademark Center: https://trademarkcenter.uspto.gov/

Search Our Trademark Database: https://www.uspto.gov/trademarks/search

Trademark Search: https://tmsearch.uspto.gov/

Apply for a Trademark: https://www.uspto.gov/trademarks/apply

Application Filing Basis: https://www.uspto.gov/trademarks/apply/basis

Trademark ID Manual: https://idm-tmng.uspto.gov/

Searching the Trademark ID Manual: https://www.uspto.gov/trademarks/guides-and-manuals/searching-trademark-id-manual

Strong Trademarks: https://www.uspto.gov/trademarks/basics/strong-trademarks

Likelihood of Confusion: https://www.uspto.gov/trademarks/search/likelihood-confusion

Possible Grounds for Refusal: https://www.uspto.gov/trademarks/additional-guidance-and-resources/possible-grounds-refusal-mark

Specimens: https://www.uspto.gov/trademarks/laws/specimen-refusal-and-how-overcome-refusal

Title of a Single Creative Work Refusal: https://www.uspto.gov/trademarks/laws/title-single-work-refusal-and-how-overcome-refusal

Submitting Evidence of a Series of Creative Works: https://www.uspto.gov/trademarks/laws/submitting-evidence-series-creative-works

Disclaimer Requirements: https://www.uspto.gov/trademarks/laws/how-satisfy-disclaimer-requirement

Acquired Distinctiveness Under Section 2(f): https://www.uspto.gov/trademarks/laws/how-claim-acquired-distinctiveness-under-section-2f-0

Maintain a Trademark Registration: https://www.uspto.gov/trademarks/maintain

Keeping Your Registration Alive: https://www.uspto.gov/trademarks/maintain/keeping-your-registration-alive

USPTO Fee Schedule: https://www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule

Madrid Protocol: https://www.uspto.gov/ip-policy/international-protection/madrid-protocol

Trademark Trial and Appeal Board: https://www.uspto.gov/trademarks/ttab

TTAB Center: https://ttabcenter.uspto.gov/

63. The Cleanest Way to Understand Trademarks

• Copyright protects the book’s content. 
• A trademark protects the brand identity connected to goods or services.
• A single book title is usually not registrable as a trademark.
• A book series title may be registrable if it functions as a source identifier.
• A publishing imprint may be protectable.
• An author brand may be protectable if used as a source identifier.
• A logo may be protectable.
• A slogan may be protectable if it functions as a trademark.
• A domain name is not automatically a trademark.
• An LLC name is not automatically a trademark.
• A social media handle is not automatically a trademark.
• Mentioning a real brand in a book is different from using that brand as your own.
• Giving a disclaimer does not automatically eliminate trademark risk.
• Trademark infringement usually focuses on the likelihood of consumer confusion.
• False endorsement focuses on misleading consumers into believing there is sponsorship, approval, affiliation, or connection.
• Nominative Fair Use may allow limited reference to another trademark when necessary to identify the actual brand.
• Descriptive Fair Use may allow ordinary descriptive use of words.
• Book titles, covers, metadata, logos, course names, podcast names, social handles, websites, and merchandise can all create trademark risks.
• The safest practice is to search early, choose distinctive names, avoid confusing similarity, avoid implying endorsement, register important brands properly, maintain registrations, and seek legal advice when risk is unclear.