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Re: Tolkienbrasil.com
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Yes "Tolkien" is a trademark.

You can see the trademark registrations:
here: http://www.ipo.gov.uk/tmcase/Results/4/EU002843332
here:http://www.ipo.gov.uk/tmcase/Results/4/EU002843381

And especilay the "Tolkien" trademark:
here: http://www.ipo.gov.uk/tmcase/Results/1/UK00002386666

As described in the registration trademark. Here is the list of goods that "Tolkien" trademark could be aply:

"Class 6
Decorative articles made of bronze and common metal; figurines of bronze and common metal.
Class 14
Articles of jewellery; trinkets worn on the person; costume jewellery; badges of precious metal; watches; clocks.
Class 21
Glassware, china, porcelain and earthenware; articles of glass, china, porcelain and earthenware for household use; mugs, cups, crockery, ornaments and figurines made of glass, china, porcelain and earthenware; goblets not of precious metal.
Class 25
Clothing; casual clothing; T-shirts and sweat shirts; headwear; scarves; gloves; fancy dress costumes.
Class 26
Novelty and souvenir badges for wear, not of precious metal.


Publishing books using Tolkien's name in covers is not a matter of trademark registration. Otherwise Tolkien Estate would have the work to sue millons of authors for using the name Tolkien in cover.

This kind of debate I find interesting because I'm a lawyer. I see no reason to bother Cathleen Blackburn with this matter, but certly I will contact her before the publication of this books, in respect to Tolkien Estate and for safe of the Tolkien's books that already have been work with their permission.

But the question of the topic is about other books you know that could be added to this list. Could someone here help me or do you prefer talk about aplications of law?

Posted on: 3/5 7:46:16


Re: Tolkienbrasil.com
Home away from home
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From Queenstown, New Zealand
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tolkienbrasil wrote:
Yes "Tolkien" is a trademark.

You can see the trademark registrations:
here: http://www.ipo.gov.uk/tmcase/Results/4/EU002843332
here:http://www.ipo.gov.uk/tmcase/Results/4/EU002843381

And especilay the "Tolkien" trademark:
here: http://www.ipo.gov.uk/tmcase/Results/1/UK00002386666

As described in the registration trademark. Here is the list of goods that "Tolkien" trademark could be aply:

"Class 6
Decorative articles made of bronze and common metal; figurines of bronze and common metal.
Class 14
Articles of jewellery; trinkets worn on the person; costume jewellery; badges of precious metal; watches; clocks.
Class 21
Glassware, china, porcelain and earthenware; articles of glass, china, porcelain and earthenware for household use; mugs, cups, crockery, ornaments and figurines made of glass, china, porcelain and earthenware; goblets not of precious metal.
Class 25
Clothing; casual clothing; T-shirts and sweat shirts; headwear; scarves; gloves; fancy dress costumes.
Class 26
Novelty and souvenir badges for wear, not of precious metal.


Publishing books using Tolkien's name in covers is not a matter of trademark registration. Otherwise Tolkien Estate would have the work to sue millons of authors for using the name Tolkien in cover.

This kind of debate I find interesting because I'm a lawyer. I see no reason to bother Cathleen Blackburn with this matter, but certly I will contact her before the publication of this books, in respect to Tolkien Estate and for safe of the Tolkien's books that already have been work with their permission.

But the question of the topic is about other books you know that could be added to this list. Could someone here help me or do you prefer talk about aplications of law?



I think there is a huge difference (in terms of IP law) between writing a book about Tolkien (and his name being on the cover because the book is about him or his works) and using the title "J.R.R Tolkien's Library" as the tagline for a series of re-published books.

I'm sure you are aware that there have been published paperback and hardback sets called "The Tolkien Library", so your name is quite close to one the publisher has previously chosen to use (and presumably might use again). My impression from your first post (which I think you edited) was that you wanted to use this as your series title (and normally a series title is prominently displayed on the cover). This would, I believe, be an infringement of the Trademark.

But then I am (thankfully) not a lawyer, and what you do is your business.

Posted on: 3/5 13:55:40


Re: Tolkienbrasil.com
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Please just read the list of goods that "Tolkien" trademark could be aply.

There is no problem in repeating the names of books. Example: http://www.amazon.com/J-R-R-Tolkien-B ... s=j.r.r.tOLKIEN+BIOGRAPHY

But you have to agree that "J.R.R.Tolkien's Library" is not the same as "The Tolkien Library". Even if was the case, this is not a issue of trademark.

There is already a publication like this: http://www.tolkienlibrary.com/press/1 ... ien-get-new-cover-art.php

Why do you think that I edited the first post?

Posted on: 3/5 20:06:28


Re: Tolkienbrasil.com
Home away from home
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tolkienbrasil wrote:
Please just read the list of goods that "Tolkien" trademark could be aply.

There is no problem in repeating the names of books. Example: http://www.amazon.com/J-R-R-Tolkien-B ... s=j.r.r.tOLKIEN+BIOGRAPHY

But you have to agree that "J.R.R.Tolkien's Library" is not the same as "The Tolkien Library". Even if was the case, this is not a issue of trademark.

There is already a publication like this: http://www.tolkienlibrary.com/press/1 ... ien-get-new-cover-art.php

Why do you think that I edited the first post?


Do I agree that two similar (but different names) are different? Yes, I can distinguish the differences (obviously).

However, as a lawyer, you do presumably understand that Trademark law is essentially about "confusion", so two things don't have to be identical for one of them to be infringing, there just has to be a likelihood of confusion among the public. There are many, many examples of trademark complaints where the wording or trade dress were significantly different but still considered similar enough to be a violation. I believe there is a significant difference between Penguin's "books that inspired Tolkien" and your "JRR Tolkien's Library", but I might well be wrong.

(As an aside, you do understand that your list of Trademarks that you keep insisting I look at is just those Trademarks registered in the UK and that there almost certainly will be others registered in other territories --or at least it would be very unusual if there weren't).

Look, it may be that you can do what you want to do and the titling isn't an issue at all. Just take the comments I have made and either take them onboard as being alternative opinions (to yours) that might be worth investigating or just ignore them, FFS.

I'm sure that others will chip in with public domain works to add to your list if they see fit.

Posted on: 3/5 21:04:19


Re: Tolkienbrasil.com
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Looks like it's been done already -

http://www.tolkiensbookshelf.com/

Posted on: 3/6 11:11:14



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