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Friday, September 22, 2006
Protection of literary titles
By Clint Fabiosa & Andrew Ong
I-protect
Publishers and authors of literary works spend an enormous amount of time to come out with appropriate titles for their literary works and invest a lot of money to make their works well-known to the public. However, probably a lot of them wonder: “Are literary titles registrable as trademarks?”
Most publishers, novelists, cartoonists, columnists, and such other authors of literary works recognize the fact that titles of their literary works play an important role in the marketability of their works. They are also aware that literary titles will make the public identify a specific publisher or author as the source of a certain publication, and that it is a good tool for establishing goodwill and value for their works. For them literary titles need protection.
Aware of copyright law, many of the publishers and authors probably know that copyright law can protect the contents of their creative works or expressions, but not the titles.
Titles are matters beyond the ambit of copyright law. However, under certain circumstances, literary titles can be protected under trademark law or at the very least under unfair competition law. Literary titles of a series or syndicated literary works can be registered as trademarks. Limitations of trademark registration, such as the title being descriptive and generic of the contents of the literary work still apply. If you may have noticed, you have probably seen the TM or ® symbol on the title or name of your favorite syndicated cartoon strip.
For Bisaya stories from Cebu. Click here. (September 22, 2006 issue)
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