* Trademarks protect brands and goods/services, not creative works: Trademarks are meant to identify the source of goods and services, like a company or product. They are not designed to protect the originality of creative works like movie titles.
* Copyright protects creative works: Movie titles are considered part of the larger creative work and are protected under copyright law. This means you have exclusive rights to copy, distribute, and display the movie title as part of your film.
* Titles can be similar, but not identical: It's common for movie titles to be similar or even the same as other works. Trademark law requires a mark to be unique and distinctive to be granted. This makes it difficult to secure a trademark for a movie title.
What can you do to protect your movie title?
* Register the title with the U.S. Copyright Office: This protects your title as part of your entire movie under copyright law.
* Use a distinctive title: Choose a title that is unique and doesn't closely resemble other existing works. This will help you avoid potential copyright infringement issues.
* Register a trademark for a related brand or product: If you plan to create merchandise or other products related to your movie, you can consider trademarking a brand name or logo that incorporates your movie title.
* Secure the domain name: Registering the domain name associated with your movie title can help prevent others from using it online.
Important Note: It's crucial to consult with an intellectual property attorney to determine the best course of action for protecting your movie title based on your specific circumstances.