Trademark Usage Guidelines for Authors & Publishers
At PublishDrive, we want to ensure your path to global distribution is smooth and legally secure. One of the most common reasons for book rejections by major retailers (like Amazon, Apple, and Google) is the unauthorized use of Trademarks. This guide explains what trademarks are, how to use them legally under "Fair Use," and what documentation you need to provide to avoid distribution delays.
1. What is a Trademark?
A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of goods or services. In the publishing world, common trademarks include:
- Certification Names: (e.g., PTCB®, CPSM®, PMP®, SAT®)
- Brand Names: (e.g., Disney®, LEGO®, Microsoft®)
- Characters/Series Titles: (e.g., Harry Potter™, Star Wars™)
Why it matters: Retailers will reject titles that appear to be "official" products of the trademark owner when they are actually independent works.
2. How to Use Trademarks Legally?
If your book is a study guide, a brand critique, or a "how-to" for a specific product, you may be able to use a trademarked term under Nominative Fair Use. To do this, you must clearly distinguish your book as an unofficial resource.
A. Metadata (Title & Subtitle, Description and Keywords)
You cannot imply that the trademark owner wrote or endorsed your book.
- ❌ Incorrect: The Official ISM CPSM® Study Guide
- ✅ Correct: Study Guide for the CPSM® Exam: An Unofficial Prep Manual
B. Cover Design
The trademarked term should not be the most prominent feature of the cover.
- Requirement: You must include a clear "Unofficial" or "Independent" badge or text on the front cover.
- Restriction: Do not use the official logos of the trademark owner (e.g., do not put the actual PTCB® logo on your pharmacy guide).
C. Internal Files
Every book using a third-party trademark must include a Legal Disclaimer on the copyright page.
Example: "CPSM® is a registered trademark of the Institute for Supply Management. This publication is an independent study tool and is not affiliated with or endorsed by ISM."
3. Required Documentation:
If your book uses a trademarked term prominently, PublishDrive may request Proof of Rights. To expedite your review, please have one of the following ready:
- A Written License Agreement: A formal contract from the trademark owner granting you permission to use their mark.
- Letter of Authorization: A signed letter from the trademark owner’s legal department confirming your right to use the term in your title or cover.
- Proof of Ownership: If you are the owner of the trademark, provide your Trademark Registration Certificate from the USPTO (United States Patent and Trademark Office) or your local equivalent.
4. What Happens if I Don’t Have Proof?
If you do not have a formal license, your book must strictly follow "Unofficial" branding guidelines.
If a retailer receives a "Notice of Infringement" from a trademark owner, PublishDrive is legally required to remove your content from all stores immediately and withhold any earnings generated from the infringing book.
Summary Checklist for Submission
Before you hit "Publish," ensure you have checked the following:
- Cover: Does it say "Unofficial" or "Independent"?
- Metadata: Does it avoid using the trademark as the primary leading phrase?
- Copyright Page: Did you include the required disclaimer?
- Documentation: If you have a license, have you uploaded it to your PublishDrive Dashboard?
How to Upload Your Document?
Need More Help?
If you are unsure if your title violates a trademark, we recommend searching the WIPO Global Brand Database or consulting with an intellectual property attorney.
For specific questions regarding your submission, contact our Support Team or email us at support@publishdrive.com.
📚Happy Publishing 📚