Protecting Your Work: Understanding Trademarks and Branding in the Literary World

November 14, 2024 Editor

Chimamanda Ngozi Adichie’s novel, Half of a Yellow Sun, not only captivates with its story but also owes its success to strategic trademarks and branding. Trademarks anchor literary works, ensuring recognition in a crowded and competitive market. With Half of a Yellow Sun, Adichie’s deliberate title choice aligns with the Nigerian civil war between 1967 and 1970, making it a powerful momento, and setting the book apart in a competitive industry. While branding extends beyond cover design to shape the entire reader experience, trademarks and branding are essential for safeguarding a writer’s creative output. Therefore, understanding and utilising them can help to protect your work as a creator, build a recognisable brand and ensure your hard work is respected and rewarded.

Understanding Trademarks in the Literary World The World Intellectual Property Organisation (WIPO) defines a trademark as a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by Intellectual Property Rights. In this case, as a creative, your trademark is your branding. They include words, phrases, symbols, logos and other identifiers that help people recognise your work. If they are distinct and unique, they are your trademarks.

Trademarks are broad. They include things like colours, motions and symbols, not just words. Trademarks, a pivotal form of intellectual property, serve as a balance between the reputation of your brand and the expectations of your consumers.

What can be Trademarked? As a creative, you can trademark several elements associated with your work to protect its unique identity and brand. These elements include:

Book Titles: Book titles can enjoy trademark protection especially if it is a series or highly distinctive single titles, for example, Things Fall Apart by Chinua Achebe. However, as a rule, titles for single works do not meet the legal requirements for trademark protection. This is because a book title is only descriptive of the contents of the book itself, not an indicator of the source of the book, that is, who created the book. The case is different with book series, once a title in a series gains recognition, readers know the related works are derived from the same source, for example, The Akata Witch series by Nnedi Okorafor. This does not mean that a single title can never rise to the level of trademark protection. If a single title achieves great success and wide acceptance, then it too can become a trademark like Half of a Yellow Sun.

Logos and Symbols: Any unique designs or symbols associated with a publishing company, writer, graphics designer, bookshop or any other stakeholder in the literary world, can be trademarked. As a creative, you can create distinct logos or symbols that are unique to your brand. This would help people recognise your work and make you stand out.

Pen Names: Pen names are the pseudonyms under which authors publish their works. They may be subject to trademark protection if it is distinctive or globally recognised. This situation is common in other industries as well where actors, sports figures and other celebrities trademark their names. In these instances, the name is related to a well-known brand. As a writer, you should endeavour to establish a brand with your pen name if you have one. Also, do well to register it to enjoy trademark protection. Furthermore, unlike other forms of intellectual property like patents and industrial design, a trademark is futuristic, which means that you can register and protect a pen name you plan to use later.

Trademark Registration

Copyright enjoys instant protection as soon as it is created. It does not necessarily have to be registered. The case is different when it comes to trademarks. To enjoy full protection, trademarks need to be registered. At the national level, trademark protection can be obtained through registration, by filing an application for registration with the trademark office in your country and paying the required fees.

In Africa, there are two regional registration systems: the African Intellectual Property Organisation (OAPI) and the African Regional Intellectual Property Office (ARIPO). OAPI enables member states to register through a single registration without additional registration. Countries under this system are Cameroon, Senegal, Cote d’Ivoire, Guinea, Togo, Niger, Mali, etc. ARIPO is a regional registration system that an applicant can apply to with the central office in Harare, Zimbabwe. Member states include Zimbabwe, Uganda, Botswana, Namibia, Gambia, Tanzania, etc. Following a formal examination, the application is sent to the IP Office of each country so that independent examinations can be carried out under the relevant national laws.

WIPO provides a directory with information and contact details of all the Intellectual property offices in Africa. This includes the regional offices of ARIPO and OAPI. The process of trademark registration in African countries is often the same or with minor differences.

Here are the common processes:

Firstly, before applying for a trademark registration, it is important to research to ensure that the proposed trademark does not infringe on any existing one.

The second step is to file an application. The application should include the name, address, and nationality of the applicant, a clear representation of the trademark and the goods or services for which the trademark will be used. If there are any issues, the Registry in your country may issue an objection or request for additional information Once the application has been accepted, it will be published in the Trademarks Journal of the country registered. This allows interested parties to oppose the registration if they believe that the trademark infringes on their existing marks. If there are no oppositions, or if the oppositions have been resolved in favour of the applicant, the Trademarks Registry will issue a certificate of registration

At the international level, you can use World Intellectual Property Organisation’s (WIPO) Madrid System or submit an application for trademark protection to the trademark office of each country where you wish to protect your trademarks. The link to the directory of the Intellectual Property offices in Africa can be found in the references.

Don’t Just Be Creative Attach a Brand to It:
“For writers, branding refers to the creation and promotion of a unique and recognisable identity. It includes the distinct elements that differentiate you from other writers. These include writing style, visual representations and overall public image. Effective branding helps establish an author’s presence, builds reader loyalty and enhances marketability.

You can achieve this by developing a distinct voice and creating a consistent visual identity by collaborating with professional designers to develop a cohesive visual look for your book covers website and marketing materials. Consistency in visual elements helps people easily identify your project and reinforces the brand identity.

Furthermore, utilising social media, building a professional website and making public appearances by attending book signings and literary events where you can interact with readers and other people in the literary industry. Public appearances help to humanise your brand, create lasting impressions and provide opportunities for direct reader engagement.

Trademark Tidy-up: No Strings Left Unbranded