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Name already exists can we take copyright for the same name


04-Feb-2023 (In Trademark & Copyright Law)

I have co authored a novel and we have come up with the name "Love Therapy - Ordinary Yet Bizzare". Our issue is something with name " Love Therapy" is registered. See in link. http://www.ied.edu/milan/blog/love-therapy/1611. Our publisher hasn't told us anything regarding this.I have come to know about this registered name on internet. My questions are- 1. Though our publisher are taking copyright but can we use the name or we have change our name? 2. If we can use the name then is there any condition that we have to take copyright for novel name including subtitle?

Answers (1)

Answer #1
632 votes
1. In India, Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. So, you can use the already existing title provided it is not trademarked. 2. As I have explained earlier, titles can not be copyrighted but you certainly can trademark them to ensure that no one can use them further.
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