How to Trademark a Pen Name
By Teo Spengler
There are any number of reasons an author might use a pen name, and most of them are business related. Just like the words "Coca-Cola" call to mind a bubbly soda, the right pen name can raise positive associations in the minds of the public. A pen name also lets you move into a different niche without alienating readers who expect you to put out a certain type of book. Once you have come up with a pen name, the next step is to protect it. If you obtain a trademark or service mark on the name, you can prevent others from using it.
Use the pen name across state lines to trigger federal protection. You can do this by including the pen name in an advertisement for writing services in a national periodical or by using a Web page accessible to customers in many states. This triggers automatic "trademark by use" protection, although your options for bringing infringement actions are limited.
Run a search to ensure that nobody else has trademarked the pen name. Visit the United States Patent and Trademark Office (USPTO) and use its free Trademark Electronic Search System database to determine whether the name has been registered. Alternatively, hire a trademark search company to run a thorough nationwide search for you.
Use the USPTO's Trademark Electronic Application System (TEAS) to fill out, check and submit your application online. Two types of applications exist. The regular TEAS application fee is $325 as of 2012. TEAS Plus requires much more detailed information from the applicant but comes with a lower fee, $275 as of 2012.
Use a credit card to pay your filing fee online at the USPTO website. Alternatively, pay with an electronic fund transfer or mail a check to the address specified on the website.
Check the status of your application at the USPTO website. Go to the Trademark Status & Document Retrieval (TSDR) and enter the identifying information to find out where you are in the process.
Tips
Hire a lawyer if the application process seems difficult or confusing.
A trademark is a mark that distinguishes your goods from goods offered by others. A service mark distinguishes the source of a service rather than the source of goods. The protection and application process for registration is essentially the same.
Warnings
You might have trouble if you select a common name as a pen name. You cannot register a pen name that is the real name of another human being without obtaining her written consent.
References
Resources
Writer Bio
From Alaska to California, from France's Basque Country to Mexico's Pacific Coast, Teo Spengler has dug the soil, planted seeds and helped trees, flowers and veggies thrive. World traveler, professional writer and consummate gardener, Spengler earned a BA from U.C. Santa Cruz, a law degree from Berkeley's Boalt Hall, and an MA and MFA from San Francisco State. She currently divides her life between San Francisco and southwestern France.