Remember “Cockygate?” Where an author tried to trademark the word cocky? {Don’t groan, this won’t be painful.} When it happened, there was a lot of outrage (rightfully so), a lot of misinformation, and a lot of food for thought.
So why bring this up now? On October 1, 2019, I got a trademark for my Champion of the Gods series. I’d post a picture of it, but it really isn’t that impressive, and it has my real name and home address on it.
When Cockygate happened, I looked into trademark law. I just might know a trademark examiner who annually wins awards for his work at the Trademark office. [Hint: It’s my husband.] What I learned is, this author wasn’t totally wrong. Everything she did was wrong, but her idea to trademark her series, was spot on.
Now, I’m not a trademark lawyer, and this isn’t vetted by my husband, but here’s a quick overview of how this works.
You CANNOT trademark a book title. Nor can you trademark a common word and bar everyone from using that word in their title or series like Cockygate tried to do. You CAN trademark series titles. So Tolkien COULD trademark The Lord of the Rings, but he COULD NOT trademark The Two Towers.
And you don’t own the trademark to those words for all things that exist now, or ever will exist in the future. You only get exclusivity for books, specifically, a series of fiction books. (You can get additional classes – i.e. movies, or merchandize, but you need to show you are or soon will use the trademark in those goods in order to get the mark for those classes.)
The cost is pretty minimal – $375.00. It’s one and done. There are no yearly fees required to keep the mark. It was also pretty simple to apply. You can file online, upload the covers as proof of use, and you’re done. My husband wasn’t allowed to help me with the application, but I still found it easy to apply.
I’m sure most people want to know, why do it? What’s the benefit? The biggest is the ability to keep others from using your series title. Being honest, that’s not really a big deal right now. My series isn’t on par with LOTR or Game of Thrones, but hey, what if it takes off and it becomes huge? I would want the protection of a trademark. {Okay, that’s a pie in the sky dream, but it’s good insurance for a small one-time fee.}
The process does take time. I applied in late April and only got the mark October 1st. First it had to be reviewed by an examiner. Once they determined the application was in order, they searched to be sure no one else has the mark already or one very similar. Since no one did, they approved it.
The examiner then listed it for opposition. Basically, if someone else had a similar mark or they were using the same title for a series, but hadn’t filed for a trademark, they could file an opposition. The first might result in my not getting the mark, the second is a bit murky.
I decided to file for a trademark because I found someone else was using “Champion of the Gods” for a series title. Best I can tell, I used the series title at least three years before this person. Since I was first to file and I used it first, I would most likely have been given the mark even if this person protested. It might be different if he used it first. (But when I chose the series title, I checked to see if anyone was using it, and no one had been at the time.) In theory, I would get the mark because I filed first, but the other person would get to keep using theirs.
Which leads to the fun part: what do I do now that I have the trademark? In order to keep a mark, you need to defend it. Meaning, if others start to use it, you need to file a cease and desist letter. If you don’t, you can lose your mark.
Right now, I’m working to get the series re-released, so I don’t really have time to hunt down this guy and tell him to change his series title. But once the books are back up, I will write him. Legally I can require he change his title. Because I have the trademark, I could have his books removed from all retailers. Amazon is particularly good at removing your books for trademark infringement. I can also allow him to use the title.
Author friends have cautioned me against requiring the other guy to change his title. Legal friends have said I need to do it, or risk losing my trademark. My thinking is somewhere in the middle. I plan to write and let him know I own the trademark and his books are in violation of my mark. Assuming he isn’t a jerk, I won’t ask him to change his titles, but I won’t allow any new titles in the series to be published. If I get push back, or we can’t reach an agreement, then I will do what I can to enforcement my mark.
The reality is, I’m not Rowling or Martin. I’m not selling millions of books. To date, no one has said they searched for my series and were sent to his books. It’s not as if his using the same series title is costing me sales. Nor do I think his sales are better than mine. Suing him would cost me more than I’d likely be able to recover in damages. But I could get his books removed.
It’s that last part that is at the heart of why author friends recommend caution. Just because you can do a thing, doesn’t mean you should. I completely agree. Just because I can be a hard ass, doesn’t mean I should be a jerk. And I won’t.
I’m a big believer in working it out. But I’m also going to fight to keep what’s mine. Wish me luck. I might need it.
~Enjoy the journey.
Andrew Q. Gordon wrote his first story back when yellow legal pads, ball point pens were common and a Smith Corona correctable typewriter was considered high tech. Adapting with technology, he now takes his MacBook somewhere quiet when he wants to write.
Since devouring The Lord of the Rings as a preteen, he has been a fan of all things fantastical. His imagination has helped him create works of high fantasy, paranormal thrills and touch of the futuristic. He also writes the occasional contemporary story.
He currently lives in the Washington, D.C. area with his husband of twenty-four years. Together they are raising their daughter and three dogs. Andrew tries to squeeze writing time in around his most important jobs, being husband and ‘Papa.’ Along with teaching how to kick a soccer ball or ride a scooter, he has become fluent in cartoon characters and children’s books. To find out more about Andrew, his writing and his family, follow him on his website or on Facebook.
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