After all these months or years spent on your book, you’re fairly close to the material and it can be hard to objectively assess your own work. So, it’s time for others’ feedback.

TIME FOR FEEDBACK

Feedback will help you make the book the best it can be. Just like you’d want feedback on your schoolwork or at your job, feedback on your writing is an important step.

SHOULD YOU ASK FAMILY?

Your mind might jump to the idea of asking your spouse, best friend, or family members. After all, you have access to these people.

This can sometimes work, however, be mindful that:

•  They care about their relationship with you and may be hesitant to provide critical comments
• They may not be your target reader and therefore may comment on aspects that wouldn’t be an issue for readers in your genre

The most objective sources for feedback will come from a combination of editing professionals and beta readers.

This article won’t go into details on hiring editing professionals like developmental and copy-line editors. It also won’t cover how to find and work with sensitivity readers. Just know that all of these roles can be really important to the quality of your work. The key is to find professionals that you work well with.

Rather, this article will address a question that a pre-published author asked me: “How do I find beta readers?”

WHAT ARE BETA READERS?

First, what are beta readers? Beta readers are people who read your manuscript before it goes to the printer for publication. The term comes from information technology, where beta testing is used to find and eliminate problems before launching new computer programs.

Beta readers are different than publishing industry professionals whom you’d hire. They’re “ordinary” readers who can point out places where your story is confusing, where the continuity is awry, where plot points are missing or where there are factual errors. Remember though, that it’s unlikely for any single person to find all of these things, so be grateful for any issues a reader finds but don’t expect one person to find them all.

WHEN TO USE BETA READERS

For me, I find beta readers helpful at several stages. Having one or two trusted readers look at an early manuscript can help iron out big issues like plot holes, unlikable characters or action-reactions that don’t make sense. However, they will have to understand that the manuscript may be messy. You may need to get them in the right mindset to overlook any typos or grammatical issues and ask them to focus on the big picture.

Secondly, I appreciate having beta readers after developmental editing and after copy-line edits. The beauty of great beta readers is getting fresh sets of eyes on the work, since you’ll be very close to the material after having been through multiple rounds of edits.

By the way, it’s also validating to hear when readers enjoy the story. Don’t underestimate the joy of getting positive feedback!

HOW TO BRIEF BETA READERS

One key to helpful feedback is to specify what input you want. Your questions may differ at different stages of the editing process. To get honest input, make clear that your feelings won’t be hurt by critical comments. Critique is what you need to make the work stronger!

Here’s are some sample questions you could ask beta readers. Use these as thought starters and customize for your own need:

• How early in the story did you feel a connection with a character?
• Which parts, if any, made you feel bored and want to stop reading?
• Which parts evoked emotion for you?
• Did anything confuse you? What needs to be clarified? Please highlight the confusing sections.
• Any scenes that feel authentic emotionally?
• Any parts where the person’s actions didn’t make sense?
• Which character(s) were your favorite? Why?
• Which character(s) did you not like? Why?
• Did any scene, dialog, or event seem awkward? Perhaps a character does or says something that does not fit with his/her personality.
• What emotion(s) were you left with at the end? Were you satisfied with the way the story ended?

You can personalize your questions to hone in on a specific area where you think there may be issues, or where you’d like your readers to focus.

WHAT TO DO WITH THE FEEDBACK

When you get feedback from beta readers, it can be fraught with tension, like the experience of getting feedback from your editors. Some of it may be hard to hear, or you may not agree with the input. Of course, the book is yours, so whether you accept or make changes is ultimately up to you. However, you’ve asked for the input for a reason so you should read through every comment, consider its validity, and make a judgment call whether you’d like to make edits as a result of the feedback.

It’s helpful to get feedback from several sources, so that you can look for patterns or themes. In addition, it can be the case that readers can identify where the issues are, but the solutions they offer may not be relevant, so make sure you’re differentiating between the two.

As you work with your beta readers, you’ll get to know what different individuals focus on. Some readers comment on the big picture. You may want to save these readers for your early drafts. Some readers notice when the physical actions don’t make sense, for instance, if the characters had moved to another room without noting their travel to a new place. Other readers notice emotional inconsistencies. (When you trust someone’s judgment on your character’s emotional journey, that beta reader is worth their weight in gold!) Still others are more focused on the details of punctuation and verb tense. This can be helpful for your final proofreading steps.

WHERE TO FIND BETA READERS

Let’s get to my friend’s question – where do you find beta readers?

First, you can leverage your network. Swap manuscripts with other writers who read in your genre. Ask your local librarian to introduce you to avid readers. Seek out book club members. Post requests on social media. Some people love to give input on early work!

Over time, you’ll learn who you enjoy working with, who provides valuable feedback, and who you’d like to return to again and again. You’ll likely also want to replenish your pool of beta readers over time, as fresh perspectives can be helpful.

There are also matching services for finding beta readers online. Some sites that author friends and editor John Matthew Fox have mentioned include: 

• Critiquematch.com (you can swap critiques or pay for one)
• Critiquecircle.com (based on reciprocity, author members critique each other’s work. Free unless you want to upgrade to a paid model which unlocks more features)
• Betareader.io (there’s a free level that provides 3 readers to start, and then a paid Premium level with unlimited beta readers for $9.99/month)
• Heybeta.com ($7/month for 25 readers or $14/month for 100 readers)

I haven’t tried these yet but feel free to check them out and please thank or follow John @Bookfox for listing the last few on TikTok! 

MOST IMPORTANTLY, EXPRESS GRATITUDE!

Beta readers are wonderful. They’ve spent a lot of time reading your manuscript, considering what feedback to give and how to provide it. They’re invested in your success. So make sure to express your gratitude!

This can start with a heartfelt note. Additional ways include:

• Recognize your early readers in your book acknowledgements
• Thank them on social media
• Provide ebooks, signed copies of your finished books, or other gifts

How you thank beta readers is an individual decision. The important thing is to express your sincere appreciation. They have earned it!

Carol Van Den Hende is the award-winning author of the Goodbye, Orchid series. She’s also a speaker, global marketer, digital strategist, Climate Reality Leader and Board Trustee. One secret to her good fortune? Her humorous husband and twins, who prove that love really does conquer all.

You can find her on her website or follow her on Twitter, and Facebook. Please sign up for Carol’s newsletter at https://carolvandenhende.com/contact or linktr.ee/cvdh.

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As an author, it can be tempting to use real brand names in our fiction. Well-known products create a shortcut to connect with readers because they’re tapping into long-established memory structures. For instance, mention “Slurpee,” and I’m instantly transported to a pickup truck ride to a 7-11 convenience store in the heat of summer. Dress a character in Stella McCartney and the reader may get a sense that that person values luxury and sustainability.

You might wonder, is it okay to use branded product names? I’m pleased that this article shares my own experience and provides guidance from US-based trademark and Intellectual Property (IP) attorney, Deborah Mortimer.

My Goodbye, Orchid series features advertising agency founder Phoenix Walker and beauty industry executive Orchid Paige. These are worlds that I know well from years of partnering with agencies to run brands as a professional marketer. 

In the story, my two characters work together on advertising campaigns. Although they could’ve discussed advertising work on a fictional brand, it added believability to have them converse about a real brand. 

The ideal scenario would be to find a contemporary brand that Phoenix would be excited for his agency to win. As I wrote, I decided that REBBL® Elixirs, a beverage brand that’s at the forefront of sustainability and wellness, would be a perfect fit for my characters who value the environment and health.

I drafted the scenes using REBBL® Brand. Then, through a personal connection, I was able to contact the company. Following several conversations with the marketing team, the company confirmed that they were amenable to my request to include their brand in my debut novel, Goodbye, Orchid.

During the discussions, I shared all of the prose that included REBBL® Elixirs. My respect for the product came through in the scenes, as the mentions were positive and consistent with the brand. The company approved the brand use in the novel.

Before I launched my second novel, Orchid Blooming, I reached out to share an Advanced Reader Copy. Again, the company approved the brand use. The only change they requested was to let me know that they had updated the REBBL acronym to “Roots Extracts Berries Botanicals Love.” 

Not only was the change of the last letter from “Leaves” to “Love” an easy edit, it gave me an idea to add more tension. Here’s the brand mentioned in a scene when the main characters are trying to ignore the chemistry between them and keep their relationship purely professional:

In addition, the company and I agreed to include a statement on the copyright page of both Goodbye, Orchid and Orchid Blooming. Here’s the line:

REBBL® Elixirs is a trademark of REBBL Inc. and used with permission of the company.

On the copyright page, the brand name is printed in all caps, with the registered trademark symbol ®, followed by the generic descriptor of the category. I was familiar and comfortable with this practice, from the many brands that I’ve led during my marketing career.

They even supported the release by shipping cases of REBBL® Elixirs to Bookstagrammers, who loved the extra touch and included the product in some of their photos, example image here:

Clearly, not all authors will have access to the brands they want to include. So, let’s hear from Principal Attorney Deborah why companies protect their Intellectual Property so fiercely, and the do’s and don’ts when considering the use of brand names in your fiction. 

Legal Consideration When Using Brand Names in Fiction

Carol’s experience perfectly demonstrates some considerations that must be made when deciding to use brand names in fiction writing. As registered trademark holders, companies are obligated to ensure that their trademarks’ integrity and value are maintained. Infringement isn’t the only concern. The fear of a trademark being tarnished or, worse, genericized is what motivates companies to police the artistic use of their brands, especially in films and literature.

What is a Genericized Trademark?

When a brand name is so widely recognized that it becomes a common term in society, it is known as a genericized trademark. Essentially, the brand name becomes interchangeable with the name of the product itself. VASELINE, Q-TIP, BAND-AID, and KLEENEX are all examples of brand names that have become synonymous with the products themselves. For example, it’s more common that someone would ask for Vaseline than say, “I need petroleum jelly,”—even if they’re not asking for the specific brand.

This phenomenon of genericized trademarks can be both a blessing and a curse for companies. On the one hand, it means that their brand has become so recognizable that it is essentially a household name. On the other hand, it can make it difficult for companies to protect their trademark and prevent others from using their brand name to sell a similar product. 

Some other examples of genericized trademarks include XEROX for photocopying, FRISBEE for flying discs, and ZIPPER for a type of fastener.

Why Is This Important? 

Overall, while having a brand name become a generic term may seem like a measure of success, it’s important for companies to strike a balance between brand recognition and trademark protection. To maintain their trademarks, they must be vigilant and monitor their usage. 

Writers who improperly use brand names, which can lead to genericizing a brand, are vulnerable to lawsuits by big-name companies looking to maintain the strength of their brand.

So how does a writer avoid this trademark pitfall? It’s simple: Just use the generic term for a brand in your writing. 

Here are some common examples:

How is a Trademark Tarnished?

A trademark is tarnished when it is used in a way that creates a negative association with the brand in the consumer’s mind. This can negatively impact the brand and trademark holder’s business and reputation. A writer can tarnish a trademark in several ways, including: 

• Making disparaging references to the brand, like having a character complain about the quality of a brand. 
• Associating the brand with incorrect or vulgar products, like associating a popular brand of sneakers with racy lingerie. 
• Stating the use of a brand in an unintended or vulgar way, like having a character use a particular brand of cough syrup to get intoxicated.

Guidelines to Consider When Using Registered Trademarks in Writing 

1. Regarding trademarks and service marks, using them as proper adjectives rather than nouns or verbs is essential. 

They should always describe a generic noun that defines the product or service. For example, don’t say, “I Xeroxed the document,” but instead, say, “I made a photocopy of the document using a Xerox machine.” 

Keep in mind that a trademark is a company’s brand name associated with the product or service, not the actual product or service. To properly use marks, they should not be pluralized or used in the possessive form unless the trademark itself is plural or possessive. 

2. Always correctly use the trademarked name. 

This means consistently using the appropriate capitalization and symbol (such as ® or ) where necessary or adding the word “brand” after its use. 

Additionally, a trademarked brand should be distinguished from its generic identifier by setting it apart in bold, italics, or a different font.

3. Always strike a neutral or positive tone when referencing a brand. 

You should avoid negative or vulgar references. Or you should refrain from referencing the brand altogether, using the generic descriptor instead.

4. Always correctly associate the trademarked brand with the products/services it is registered for and its intended use. 

When in doubt, use the United States Patent and Trademark Office (USPTO.gov) website as a reference to look up registered trademarks and the products/services they are registered for. 

Additionally, the USPTO can be used to locate the owner of a registered trademark. Some companies list their particular guidelines for use on their website or who to contact to seek permission for use in literary work. 

5. Be aware of the industry or market in which the trademarked name is used. 

Some industries may have very particular standards for how a trademarked name can be used in artistic work.

If you are unsure how to use a brand names in fiction, consult a legal professional to ensure you are using it correctly and not infringing on any rights.

Carol Van Den Hende is the award-winning author of the Goodbye, Orchid series. She’s also a speaker, global marketer, digital strategist, Climate Reality Leader and Board Trustee. One secret to her good fortune? Her humorous husband and twins, who prove that love really does conquer all.

You can find her on her website or follow her on Twitter, and Facebook. Please sign up for Carol’s newsletter at https://carolvandenhende.com/contact or linktr.ee/cvdh

Deborah C. Mortimer is the Principal Attorney at Mortimer Legal, PLLC, a NY-based boutique intellectual property law firm focused on protecting the brands, ideas, and creative portfolios of entrepreneurs, businesses, authors, illustrators, and other creatives. 

Visit trademarkyourassets.com or deborahcmortimer.com to learn more. Mortimer Legal PLLC services clients nationwide.

The post Do’s and Don’ts of Using Brand Names in Fiction appeared first on DIY MFA.

Remember, these ideas don’t negate the need for solid cover design tenets (or for writing a stellar book to begin with!) Some foundational cover design tips include the importance of consistency and a single-minded brief. To read more on cover design, check out my DIYMFA article on this topic.

Back to Instagram. First, it’s worth remembering that Instagram is a visual platform, with the central highlight being video or still images accompanied by text story (you may have noticed Meta’s increasing push for reels to help it compete with Tiktok videos).

So what are some ideas to create an Instagram-worthy book post?

1. Echo a theme or element from the book cover. 

This works in a real life or in a digital post. Pick an element from your cover to echo in your book post. For example, notice how The Orchid Hour visual mirrors the leaf images on the side of the post, and how the magenta bubbles pick up color and tonal cues from Fiona Davis’ cover for The Spectacular in these digital posts:

In the below flower examples, study how one element can help provide inspiration for decorating an Instagram post. See how photographer Liwayway @jabberwowie decorated my Goodbye, Orchid post using flowers with a similar color family as my cover, how Sandra @palo.santo.and.pages surrounds The Chemistry of Love with heart images and flowers, and how @nurse_bookie mimicked the single flower image on This is How It Started:

Digital tools are increasingly allowing video animations that complement covers. Visit this link to see how @sharada both mirrors the lemon background of Rachel Hawkins’ The Villa and enhances the book post with fluttering butterflies (she achieves this effect with an app called Motion Leap) 

2. Repeat an image to help it “pop”

The above examples show how repeating an element from a book cover can catch your eye. That’s because human brains are wired to seek patterns. Likewise, you can use that idea of repetition by repeating your book covers themselves. 

The below example from @palo.santo.and.pages repeats two covers from author Sarah Ready. Because they both feature figures at the outer edges of the design, they appear to connect when placed side-by-side. In another example, I repeat my Orchid Blooming and Goodbye, Orchid covers to capture attention for a holiday promotion:

As a side note, the Sarah Ready covers point out a trend towards animated covers. In my article on 2023 book cover trends, I share how the rise of digital marketplaces has increased the use of illustrated, cartoon-like characters and bold pops of color. This trend helps books visually stand out in a crowded sea of thumbnail-sized covers. These can do a good job being recognizable at a glance, and catching the viewer’s attention through simple colorful images.

3. If it suits your book, consider a cover whose image can be continued in real life. 

Some of the most clever posts juxtapose real-life with the book cover. See how book influencer, James Trevino, has created book posts like this one where he and his partner use their own faces to continue the partially hidden images on the book cover. 

In my December 2021 book cover roundup article, I share how covers often don’t show the model’s full face, to allow the reader to use their imagination to picture the characters. See how @compulsivereadersblog leveraged this to create a playful and memorable post for Really Good, Actually.  

@bnkahului brought Spare to life by visually connecting Prince Harry’s photo with a person standing behind the book. @secretreadinglife continued the horizon line in Yesterday’s Tides with a background of real-life grass, water, and sky to create an eye-catching image.

As a bonus, here’s one more note on trends. 

You may have noticed that trending themes can arise in bookstagram posts. Over the years, “foot stacks” have displayed books balanced on a shoe, or color-themed book stacks have raised awareness for a particular social cause. 

If you’re timely, you can opportunistically jump on these trends. Some are short-lived, so try not to appear dated by following too slowly. One fairly recent example is the inclusion of arrows to point out different facets of a book. This works well to draw the viewer’s eye to key selling points. @old.enough.for.fairytales uses arrows to point out aspects of the below stack of novels. @kikimojo’s eye-catching post for Merritt and Her Childhood Crush uses arrows to highlight the book’s benefits.

This has been a fun topic! Let me know if you explore any of these ideas to create Instagram-worthy book posts:

1. Echo a theme or element from the book cover
2. Repeat an image to help it “pop”
3. Consider a cover whose image can be continued in real life

One final reminder. Don’t chase postable covers over ones that are true to your book and are consistent with your brand. The basic cover design principles still hold — be clear on your target audience and the single-minded message that your cover needs to deliver, and do so in ways that are consistent with your series and brand.

Now it’s your turn: keep the conversation going by sharing your thoughts and examples in the comments section, and let me know if you’d like more articles like this one!

Carol Van Den Hende is the award-winning author of the Goodbye, Orchid series, a public speaker, and MBA with 20+ years’ experience in marketing, strategy and insights. Plus, she works in chocolate (there’s no ‘sweeter’ job!)

Her novels Orchid Blooming and Goodbye, Orchid are inspired by wounded veterans and have won 30+ literary and design awards, including the American Fiction Award, IAN Outstanding Fiction First Novel Award, and Royal Dragonfly Awards for Cultural Diversity and Disability Awareness. 

Buzzfeed, Parade, and Travel+Leisure named Carol’s books a most anticipated read. Glamour Magazine recommended her “modern, important take on the power of love.” The International Pulpwood Queens selected Goodbye, Orchid as a 2022 Bonus Book-of-the-Month and Orchid Blooming as a 2023 International Book-of-the-Month.

Carol’s mission is unlocking optimism as a writer, speaker, strategist, Board member and Climate Reality Leader. One secret to her good fortune? Her humorous hubby and twins, who prove that love really does conquer all.
You can find her on her website or follow her on Twitter, and Facebook. Please sign up for Carol’s newsletter at https://carolvandenhende.com/contact or linktr.ee/cvdh.

The post 3 Ideas to Inspire Instagram-worthy Book Posts appeared first on DIY MFA.

To provide some background, much of my professional life has been spent studying trends and foresight (I’ve also worked in marketing, strategy, competitive intelligence, digital, and more…stories for another time!)

At its surface, foresight might appear to be “reading the tea leaves,” the impossible job of predicting the future. But people don’t just identify the future, we create it. We as writers wield the power to spark newly imaginable possibilities. (For example, think of the aspects of science fiction that have come to pass). Hold that power with reverence! For me, my fiction aims to deepen hope and empathy.

Today, we’re turning our foresight toward the specific topic of book cover design! 

First of all, I’m proud that last year’s roundup continues to be relevant. 

My year-end 2021 themes included:

1. Simple yet evocative covers that leverage bold colors and sans serif fonts to stand out in the digital environment of online bookshops
2. Jewel tones that create a rich palette and contrasts
3. Abstract covers that include geometrical abstraction
4. Increased illustrated and graphical covers vs. realistic ones

Read the full article here

Looking forward to 2023, here are four big themes to consider. Let me know if you’ve noticed these trends as well…

My 2023 predictions:

1. Animation Anytime. 

Increasingly, covers are illustrated, with high pops of color and animated characters, which play well in online marketplaces where images need to break through as a small thumbnail image. 

This look started primarily in romance, as it can effectively convey a breezy light-heartedness (see example covers Lucie Yi is Not a Romantic and You’re a Mean One, Matthew Prince). The cartoon-like look allows characters to be depicted generally, with broad suggestions for features. This can be helpful to allow the reader to fully imagine the characters. 

Nowadays, Animation Anytime is beginning to transcend genres. See how the theme is completely effective on Pulitzer Prize winning author Andrew Sean Greer’s sequel, Less is Lost.

What’s next? This trend has potential for longevity, since it’s effective in our increasingly digital shopping marketplaces. My prediction is that the effect might migrate to more genres. For instance, imagine this look executed in darker, moodier color palettes to connote gravitas appropriate for more serious literature. 

2. “Welcome to the Magentaverse”

The Pantone company is famous for defining the exact hues of all the colors that are used in packaging, ads, and design. In early December, they unveiled their annual color of the year. For 2023, it’s bright and bold Viva Magenta. This color embodies the joy that people are seeking, and works well in both physical and digital worlds.

Some book launches already illustrate this trend. For instance, take a look at the geometric shapes in hues of magenta on the cover of Atomic Anna. Fiona Davis’ 2023 novel, The Spectacular, lights up New York City’s iconic Radio City Music Hall in magenta, Kristan Higgins’ A Little Ray of Sunshine uses a pop of magenta, and designer Sarah Flood-Baumann had dressed my own novel, Always Orchid, in magenta well before Pantone’s announcement (the cover is partially concealed because the full design hasn’t yet been revealed).

What’s next? Some trend experts are predicting that people will be embracing fresh modern colors. Keep an eye out for futurists’ favorite hues like Digital Lavender.

3. It’s All About the Title, No Extras. 

One way to compete in a crowded digital marketplace with dozens of thumbnail images per screen is to shout your title. No shrinking violets here. The idea is to embed the book’s name into the reader’s mind. Sometimes, bold sans serif fonts accompany these looks that splash the title right down the full cover, like Reminders of Him or Tomorrow, Tomorrow, Tomorrow. In other cases, handwritten fonts provide a warmer, human feel to the cover design, like The Color of Ice. Non-fiction books have long employed this tactic, and now it’s making a splash in fiction!

What’s next? Placing title at the highest order of the communications certainly holds allure. I predict that designers will play at the edges of this approach. For instance, look for interwoven graphics that embellish the title, like the novels Hester and The Chosen and The Beautiful where leaves overlap with the simple sans serif lettering. This detailing can add some visual interest, cueing the book’s meaning while preserving the boldness of the font size. Authors who try this approach should make sure that the adornments don’t detract from the readability of the title – it needs to be legible even in a small thumbnail size.

4. Light it Up. 

Although book covers are essentially static 2D images, cover designers use techniques to create dynamism (for instance, my debut novel Goodbye, Orchid used shattered orchids to connote motion). In this set of covers, designers have cleverly used the illusion of lights to “light up” the images. 

Here are some more examples. Electric Idol shows a sparkly heart with bolts emitting from the center image to electrify the cover. Acts of Violet is dotted with circles of yellow to hint at stars. The Daydreams slaps electric green against a grayscale image to light up the cover as if it’s a marquee. Brilliant Carrie Soto is Back‘s cover bathes the protagonist in a shimmery gold light.

What to consider: When well-designed, the “Light it Up” trend can be a game changer. However, this technique can be hard to execute in printed covers. Metallic colors like silver, copper, and gold are particularly hard to print without special techniques like metallized inks (and their accompanying upcharges). Always test your cover design on print presses! 

Please let me know which themes you’re seeing…And look for a future article from me on covers that display well on social media!

Carol Van Den Hende is the award-winning author of Goodbye, Orchid, a public speaker, and MBA with 20+ years’ experience in marketing, strategy and insights.. Carol is passionate about simplifying marketing concepts into actionable steps that authors need for publishing success. Please sign up for Carol’s newsletter at https://carolvandenhende.com/contact or linktr.ee/cvdh

The post Book Cover Trends Heading into 2023 appeared first on DIY MFA.

Have you ever wondered how to protect your intellectual property or avoid infringing on someone else’s work?

Today, we’ll cover a primer on intellectual property in the U.S., with a specific focus on registering wordmarks, which can be especially relevant if you’re setting up a new publishing imprint.

I’m not a lawyer so I’ve invited Intellectual Property attorney Deborah Mortimer to help co-author this article.

First, let’s start with some basics…

The Basics: Copyrights and Trademarks

After all your hard work creating and writing, you’d like protection for your intellectual property, right?

I remember my pride upon successfully registering my first novel at copyright.gov. At that time, it was just $65 to submit a standard copyright application. This is a great initial step to take when your manuscript is published. Or you can submit a pre-publication application. Even without filing, your published work technically still enjoys copyright protection although it certainly couldn’t hurt to hold the official registration!

In this article, we’re going to dive into a different type of protection, one I’ve had familiarity with through my years leading packaged goods brands: trademark protection.

What is a Trademark?

Intellectual Property attorney Deborah Mortimer, who’s licensed to practice in New York and New Jersey, explains that trademarks (or ‘marks,’ for short) are a type of intellectual property. It can be any word, phrase, symbol, design, or combination of these things used to identify the brand source of products and/or services. Your “brand” distinguishes your products or services from those manufactured or sold by other third parties. Basically, it’s how consumers recognize you in the marketplace and distinguish you from your competitors.

Only brands are eligible for trademark protection. That means whatever brand you use must be used in connection with products and/or services.

So why does this matter to us as authors?

When Might Authors Benefit from Trademark Protection?

If you’re an independently published author, you may decide to create an imprint name. This imprint name is a brand that can be trademarked in connection to the publishing services you provide, even the books you sell.

Maybe you’re the author of a series of books or you use your book title in connection to promotional material like t-shirts or as the brand of your coaching course. These are all situations where trademark protection can be relevant.

Although this isn’t a mandated step in setting up an imprint, there are two main reasons to look into trademarks: first, to protect your marks, and secondly, to ensure you’re not infringing on someone else’s mark.

There are two types of trademarks that can be protected: word marks, and design marks. We’ll start with word marks and come back to design marks in a bit.

Start with a simple search

Let’s say that you’re ready to start your own imprint and have brainstormed a list of publishing names to use on the copyright page of your manuscript. You can start by determining if there are obvious violations of someone else’s trademarks, and avoid those names.

(The strategies to brainstorm names is a whole other topic which I may cover in another DIY MFA article!)

One early step is to determine which names should clearly not be pursued. You can begin with a search engine. Put in the names you’re interested in and see if other people are already using them. To take it a step further, go to uspto.gov and launch a simple search in their Trademark Electronic Search System, or TESS.

Look for names that are similar to yours or could cause consumer confusion within your class of trade. These are the ones to strike from your list.

You can take this same approach for taglines.

What’s a comprehensive search?

If you’ve narrowed down to a name and slogan that have passed your own simple search, congrats! But you’re far from done. Comprehensive searches are needed to fully assess the risk of the word mark(s) you’re considering.

For people without professional experience doing this, legal counsel who specializes in intellectual property can be critical, as they have the means to perform a more thorough search, which increases your likelihood of proceeding to registration without major complications in your application.

In addition, the filing process can be lengthy and fraught with complexities. There are 45 classes of trade to choose from, some for products, and some for services. You can choose from two types of applications: TEAS Plus and TEAS Standard. Although the TEAS Plus may seem appealing for being more streamlined and cheaper, it doesn’t permit customization of the services and/or products that are specific to your business.

Moreover, if you have an idea for an imprint but have not started using it yet, you can still protect it. Filing an “Intent to Use” application gives you the benefit of preserving your mark, while giving you time to develop your brand. Keep in mind, though, that in order to register a mark, it must actually be in use.

Professional legal services are invaluable for navigating the comprehensive search and the filing process.

Design Marks

This article won’t deep dive into design marks but it’s good to be aware that you can also protect the visual design of your word mark and/or slogan. USPTO will require images showing the design mark in use, as well as a written description of the design. As an example, here’s Hachette’s logo with its unique partially open “H” and company name in a distinctive lower case font:

Again, you can work with professional legal advisors to help protect your design marks and ensure you’re not infringing on others’ rights.

If you enjoyed this article, please share your own experiences with intellectual property protection for authors in the comments below!

*Note: this article does not replace legal advice. For intellectual property counsel, seek a professional.

Deborah C. Mortimer is the Principal Attorney at Mortimer Legal, PLLC, NY based boutique intellectual property law firm focused on protecting the brands, ideas and creative portfolios of entrepreneurs, businesses, authors, illustrators and other creatives. Deborah is a legal expert in intellectual property law, blending an eclectic background of legal expertise in trademarks and copyright services with a background in writing and publishing. She’s been there before from both sides of the fence. Mortimer Legal PLLC, services clients nationwide.

Carol Van Den Hende is the award-winning author of the Goodbye, Orchid series, a public speaker, and MBA with 20+ years’ experience in marketing, strategy and insights. Carol is passionate about simplifying marketing concepts into actionable steps that authors need for publishing success. Please sign up for Carol’s newsletter at https://carolvandenhende.com/contact or linktr.ee/cvdh.

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