Question: Can a title be trademarked? I just noticed a trademark on “Five Minute Gratitude Journal”. Does that mean I cannot use that exact phrase or if I chose “Five Minute Gratitude Journal For…” that would be infringing trademark, too?
Answer:
People often confuse copyright and trademark, but they are not the same.
Yes, a title can be trademarked — however, it needs to be part of a larger body of work that is eligible for trademark protection.
Here’s a classic bestselling example:
Note the small registered trademark symbol (the “circle R”) at the end of the title. That indicates the title The One Minute Manager is a registered trademark. (There’s also a registered trademark symbol above the “:01” in the letter “O” — but this is separate for the unique design of that letter and number combination.)
The reason this title can be trademarked is because “The One Minute Manager” is a much larger body of work that includes other products, training, consulting, and more. I learned this when I worked in the publishing division of Ken Blanchard’s company many years ago.
Now, to your specific example…
Yes — if it’s been trademarked properly and legally, then you cannot use it.
You also cannot use it as part of another title. For example, I can’t legally publish The One Minute Manager for College Students.
You also haven’t indicated which trademark symbol you’re seeing. The (TM) symbol ™ indicates a claim of trademark that has not been registered; the (R) symbol ® indicates it has been registered with the U.S. Patent & Trademark Office. Often, the ™ is used while the ® is being pursued, since the registration process can take a long time.
However, be aware that whatever you’re seeing might *not* be properly and legally trademarked. Just because someone put either of these symbols next to a title doesn’t mean it’s legitimate. Remember, ™ is merely a claim, and ® indicates registration — but either one can be falsely or wrongly used.
That said, for the title you’re asking about, I can’t find what you mean.
For the top-selling 5-Minute Gratitude Journal on Amazon, neither the cover nor the title page features any trademark symbol:
Nor does this other 5-Minute Gratitude Journal:
The fact that both of these are using the same title as what you’re asking about seems to indicate it has not been protected.
I’d look more into the journal you’re asking about. I think the best course of action is to contact the publisher and ask the exact status of their trademark claim. Point to these other titles as indication the title isn’t protected.
Last but not least, the larger issue from a marketing perspective is whether it even makes sense to choose a title that at least two other authors are already using. Why do this intentionally? Usually when authors choose a title already taken it’s an accident; they didn’t check thoroughly enough or the existing book is obscure. But in your case, you’re already aware of another journal using the title you want.
So, I don’t see the logic in going with the same title — regardless of trademark. You’re practically inviting customers to seek out your journal and accidentally buy another one! Call yours The Three-Minute Gratitude Journal or The Six-Minute Gratitude Journal or whatever. The title is not literal anyhow, and you’re better off standing out with a unique one.