In Germany, the point in time at which title protection applies is precisely defined: According to Section 5 (1) and (3) of the Trademark Act (Markengesetz, MarkenG), an author only has copyright protection for the title of their work once the work has actually been released for commercial use. In the case of books, the title is therefore only protected after publication, unless title protection has been registered at an earlier date. As a general rule, whoever registers the title first is entitled to use it. Without a title protection notice, the copyrights belong to the party that was the first to commercially sell the product.

A title differs from a trademark in that the name can continue to be used in other industries and is only valid for the industry associated with the work. For example, confusion between a book title and a fast food chain is impossible, so the title protection of a book applies exclusively to other books. Within the book industry, a distinction must be made between different branches of business—for example, two fiction novels should not have the same title, whereas a non-fiction book or a photo book with the same title as a fiction novel would be acceptable. It is important that confusion is ruled out. Please note: A protected title may infringe on the trademark rights of others, so be sure to check the trademark rights for your chosen title before registering it (or have us check it for you). Various search engines and providers for detailed research can help you with the legal orientation for your desired title. If your title exists literally or in a similar form, it is best to inquire directly with the title owner.