"Titles - Copyright and Trademark" Topic

This question arose out of a discussion at work recently. As I understand it (and I may be wrong) in the UK (and elsewhere) it is not possible to copyright a title, but the title of a work can be incorporated in a trademark. However the trademark covers the style of the mark and its use. If this is the case would it be correct to say that one could use the name in a trademark provided the style of the presenattion was different? For example GW's "Man o War" and "Warmaster" are trademarked – could someone produce a sets of rules with the same titles? (I think someone actually has done so already, since MoW hit – and then left – the streets). What about books? Or does the fact that a trademark has been used effectively disbar the use of the title by anyone else for any other purpose?

Oh boy, here we go again!

Copyright applies to original written work such as novels, newspaper articles, lyrics for songs, instruction manuals and so on. These are known as literary works. Copyright in a literary work lasts for the life of the author plus 70 years.

There is no copyright in a name, title, slogan or phrase. But these may be eligible for registration as a trade mark, or a common-law action to prevent passing-off may give protection for unregistered trade marks. However, logos may be protected under copyright as artistic works and many trade marks may therefore also be copyright works

ipo.gov.uk/copy.htm
ipo.gov.uk/tm.htm

The right of copyright is automatic when you generate a work (write something, produce a figure, take a photo).

Trademark costs £200.00 GBP to apply to one class and applies only in the UK (so you will need to trademark in each country concerned). If someone breaks your trademark then you can take them to court. It is unlikely that a judge would take kindly to a person trying to use someone elses trademark for a similar type of work but hey its a court of law and anything can happen.

OK, I understand that but, for example, if Joe Bloggs was to publish a set of rules called "Man o War" or "Warmaster" which (for the sake of this example were run-of-the-mill historical wargames rules rather than fantasy sets) would GW's legal team have a case?

Trademark in the UK is administered by the Patents Office, & I recommend that you go and look at their website for how trademark works.

Trademarks can become very very valuable over time, so I'd expect a company like GW to defend theirs vigourously.

The legal position with UK trademarks is settled through a tribunal system, run by the Patents Office.

I might add to this that you have "weak" and "strong" trademarks. If a trademark is very descriptive (e.g. "Battle at Sea", "Ship-of-the-line" or (IMHO) "Man-o-war") someone else will sooner be allowed to use it for similar products. This prevents monopolizing normal descriptive terms that are used by everyone in common language. Your competitor would be no longer able to have his product recognized by the customer. Simply copying however is usually prohibited, to prevent confusement about who makes the product.

So marketing a 18th century naval combat game as Man-o-war would probably be permitted, but a fantasy naval combat game wouldn´t.

Notice that the trademark only applies to a particular class of products – I guess most judges would consider history and fantasy naval games as belonging to the same class.

However, you could release something that clearly belongs to another class (say coffee brand, travel agency or new car type) and name that as Man'O'War without issues.

Griefbringer

Be aware that there is also a difference between a trademark and a registered trademark.

To trademark something, you simply have to say it is a trademark; you do not have to register.

To have a registered trademark, i.e. one that is vetted and approved, you have to pay to register it, as Justin indicates. Registering allows you to mark a trademark as a registered trademark (duh!). Registering also involves checking that your trademark is not already in use.

Obviously, if you trademark something that conflicts with a registered trademark in the same area, then you're in legal trouble.

" if Joe Bloggs was to publish a set of rules called "Man o War" or "Warmaster" which (for the sake of this example were run-of-the-mill historical wargames rules rather than fantasy sets) would GW's legal team have a case?"

Yes, that would infringe upon GW's trademarks covering games. But you could great a refridgerator called "MAN O WAR" or "WARMASTER" and that would not infringe upon GW's marks because it covers different goods.

If you really want to know, then read on:
link

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