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Many writers choose to apply a pen proper name for many reasons, including to protect their identity when writing a memoir or to write in different genres. There's no real legal process to using a pen name – typically you lot can just pick one and use it. While most states accept laws requiring people doing business organisation nether another name to annals with the state, these laws generally don't apply to writers using pen names. However, y'all may want to register your pen proper noun for trademark protection and be aware of the potential contractual and copyright consequences of creating work under an assumed name.[1]

  1. i

    Brainstorm possibilities. If you don't already have a pen proper name in mind, come up with some possibilities that you tin evaluate. You lot might desire to cull a pen proper noun that is related to your real name, or that reflects an result that happened in your life.[ii]

    • Proceed in mind that the pen name y'all cull will get a part of you. In that location will exist people who know you and address y'all past that name, so it needs to be something with which you lot experience comfortable.
    • The pen proper name you lot choose may depend to some extent on your reasons for choosing it. For instance, if you write primarily literary fiction but want to write romance or erotic fiction under a different name, your pen name might have a flowery, romantic bent.
    • When considering possible pen names, you also may desire to continue in mind how anonymous you want to exist. If yous're not terribly concerned about people discovering your true identity, you lot might choose your eye proper noun combined with a variation of your last proper noun.
    • Even so, if you desire to take every step to ensure your existent identity is undetectable, yous want to choice a name as far removed from your legal name, or the names of those close to y'all, as possible.

  2. two

    Avoid famous names. Search carefully to make sure the pen proper noun yous've chosen isn't the name of a glory or historical figure. A pen name shared by a famous person not simply creates a likelihood of confusion, but could get you lot into legal trouble for identity theft.[iii]

    • Conduct initial searches of possible pen names online to find out if they're associated with a famous person you may not know. Keep in mind you're not but looking for celebrities, only also people who are well-known or important figures in their fields.
    • Small differences probably won't make much divergence if the famous person has a significant and renowned profile. For example, if you've chosen "Maria De La Curie" as a possible pen proper noun, it may exist likewise close to the proper name of famous scientist Marie Curie to piece of work for you.
    • Some final names, such as Hilton or Trump, are too well associated with famous people to work every bit a pen proper name, even if the first name is significantly different.

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  3. 3

    Make sure your chosen proper name is available. In one case yous've chosen a adept proper noun, search for it on the net and in various databases to confirm someone else isn't already using information technology. If in that location'due south already an writer with the same name, readers will have difficulty distinguishing between you and you lot could run into problems trying to register the proper noun.[4]

    • Bookstore websites are a good place to start. Search your pen name every bit an author name and see what comes up. If someone else is already using the same name, you should consider choosing something different.
    • The U.S. Copyright Role has a searchable database of registered copyrights on its website that you tin use. If the name comes up, this means other copyrighted works are registered under that name.
    • Don't forget to practice a general online search for the name, which could plow upward social media accounts and other stories involving people with the aforementioned name.
    • As long as the name isn't shared by someone who also is a writer, your pen proper name may exist practiced to go. However, yous want to consider your ability to gear up social media accounts nether that name if it's a common name that others are using.
    • You also desire to carefully review whatever news manufactures that come up when y'all search your pen name. Pretend you're a reader trying to observe out more information almost your favorite author. Even if articles aren't really y'all, i of your readers wouldn't necessarily know that.
    • For instance, if yous search your chosen name and find out a notorious killer in Michigan shares that same name, yous may want to get with something else – even if you accept never visited the state. The risk of confusion may not be worth it.

  4. 4

    Behave a trademark search. If yous're planning on trademarking your chosen pen proper name, it'south a proficient idea to get ahead and practise a trademark search before you settle on the name. You won't exist able to register it if someone else already has.[5]

    • The U.S. Patent and Trademark Office (USPTO) has a searchable database of active and pending registrations on its website.
    • In addition to searching for the specific pen name you've chosen, you also desire to search for similar names that could hands be confused with yours.
    • Movie, television, and video game companies frequently register trademarks for current and potential character names, particularly in popular and long-running franchises. If your proper name comes up under one of these registrations, you'll want to pick something different.
    • Keep in mind that if your proper name comes upwardly in the USPTO database, you lot probably want to choose a different name fifty-fifty if yous don't plan on registering a trademark in the proper name.
    • If a trademark is already registered by someone else, y'all run the hazard of getting sued for trademark infringement if yous utilise it.

  5. 5

    Plant accounts under your pen name. Later on yous've cleared your chosen proper noun and confirmed information technology'south available for you lot to use, go ahead and create an e-mail accost nether your pen name and reserve the domain.[six]

    • Yous tin can claim a domain proper name relatively cheaply, fifty-fifty if y'all don't programme on creating a website for your pen name yet.
    • Create an e-mail address using a complimentary e-mail service, or get an email address associated with your pen proper noun's domain through the company with which you registered the domain name.
    • Go alee and claim social media business relationship names on popular social media sites you lot think you might use.
    • You'll demand social media accounts to market and publicize your writing, and it's a expert thought to become the initial ready-up out of the way fifty-fifty if y'all don't think you'll demand them for awhile.

  6. 6

    Consider adding a layer of protection. If your purpose in using a pen name is to keep your real identity from being discovered, you lot may want to consider creating a corporation or LLC to use for registrations that will become a matter of public record.[vii]

    • Arizona is the simply land that allows the creation of an anonymous LLC, and the process is rather complex and requires hiring an chaser.
    • However, even if the LLC is in your name, anyone trying to discover your identity would take to find the LLC documents in the database of the state in which you formed your LLC.
    • It's not a fool-proof fashion of concealing your identity, merely it does provide an extra layer of protection. Otherwise, your legal proper name would be clearly displayed on whatever documents for copyright or trademark registration, which are public records.

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  1. 1

    Confirm your eligibility for copyright registration. Since you can't copyright unmarried words or short phrases, you won't be able to register a copyright in the pen name itself. However, you can register your copyright in the works you create nether that name.[8]

    • Copyright gives you lot the sectional rights to reproduce and distribute your written work. Go along in heed that copyright doesn't protect ideas, only completed creative work – then you accept to actually complete your story or other writing before it will be eligible for copyright.
    • You have copyright protection from the moment yous create your work. However, you must register your copyright with the U.Due south. Copyright Office if y'all desire to be able to sue people who infringe your copyright.

  2. 2

    Download an application. The U.S. Copyright Office has a re-create of the registration application on its website, which you can fill out online, or download and print it if you prefer to mail a paper application.[9] [x]

    • If you fill out your registration awarding online, yous'll have the power to check the status of your awarding at any fourth dimension. You'll also pay a lower registration fee.

  3. iii

    Determine whether yous want to reveal your real name. The length of time you will enjoy copyright protection depends on whether you register it as a pseudonymous work or register it in your legal proper name and include the pen proper noun y'all wrote under.[11] [12]

    • The application requires yous to provide the title of your work, the type of piece of work information technology is, and the date information technology was created.
    • You also must include information near the author of the work. This is the portion of the awarding in which you must brand a decision whether to register the copyright in the work under your real proper name.
    • If you want to be identified by your existent name in Copyright Office records, check the box marked "pseudonymous" and provide your pen proper name where required. Yous then will listing your real name equally the copyright claimant.
    • If you don't want to be identified by your existent proper noun in Copyright Office records, use your pen proper name equally the copyright claimant. Make sure y'all however bank check the "pseudonymous" box.
    • Copyrights registered nether pen names only last for 95 years from publication or 120 years from creation, whichever comes get-go. Yet, if yous utilize your legal name as the claimant, your copyright protection will terminal for your unabridged life plus seventy years.
    • If you've created a corporation or LLC and want to annals the copyright in the name of that entity, the copyright term volition be the same as if you'd registered under your pen name.

  4. 4

    Submit your application. One time you lot've completed your application, y'all tin either submit it online or mail information technology to the U.Southward. Copyright Office along with the required fees. The amount of registration fees you'll take to pay depends on the type of work you're registering and how you file your application.[13]

    • For example, if yous're registering a single work online, you only have to pay $35 in registration fees. Nevertheless, if you ship a paper application through the post, you lot'd have to pay $85.
    • If you desire, you tin can register several separate works at the aforementioned fourth dimension as a series. Registering a series entails paying a higher registration fee than that required for unmarried works.

  5. five

    Transport eolith copies. Y'all must include copies of the work that is the discipline of your registration awarding. Copies are required for eolith in the U.S. Copyright Office besides as for use by the Library of Congress.[14] [xv]

    • When completing and filing your registration application online, y'all have the pick of filing electronic copies of the piece of work, which can relieve you a lot of time and money – specially if you're registering copyright in an extensive manuscript several hundred pages long.
    • Proceed in mind that in some cases the Copyright Part all the same requires yous to transport a physical copy of the work, fifty-fifty if you've already submitted an electronic copy.

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  1. 1

    Consider hiring an attorney. Although you don't technically need an chaser to become trademark protection, trademark applications tin be complicated. Hiring a licensed and experienced trademark attorney will help smoothen the process.[16] [17]

    • An experienced trademark attorney will accept familiarity with the USPTO and its awarding process, which tin can forestall you from making mistakes on your application that result in its denial.
    • Go on in listen that your application will be reviewed by a trademark attorney who works for the USPTO. However, that attorney does not represent you and can't give y'all whatsoever legal advice on your application.
    • Since an attorney volition be reviewing your awarding, it just makes sense to accept someone on your side to help you consummate information technology.

  2. two

    Consummate your trademark application. Your awarding tells the USPTO the name y'all desire to register for trademark protection, also equally where and how you intend to employ it. At that place are two bones types of trademark applications, those based on actual utilise and those based on intent to use.[18] [xix]

    • Applications based on intent to use tend to be more circuitous than applications based on actual use, and require you to fill out additional forms.
    • Your application must describe the formats in which yous'll employ your pen name, and the goods or services to which it will use. This involves selecting commercial classes, and yous want to be forward-thinking in the categories you lot choose.
    • Keep in mind that your business organisation equally an author may abound, and you may have opportunities above and across simply writing books or stories that involve the use of your pen name.

  3. 3

    File your trademark application. The USPTO allows trademark applications to be filed electronically on its website. Your pending application will be added to the searchable database and the data in information technology becomes a matter of public tape.[xx] [21]

    • You must pay filing fees of at least $375 when you file your trademark application. If you want trademark protection in multiple commercial classes, you'll accept to pay higher fees.

  4. 4

    Work with your application examiner. Your application volition be assigned to one of the trademark attorneys who work for the USPTO. He or she volition examine your application and determine whether information technology tin be approved as is or additional information is needed.[22]

    • Keep in mind the application examination tin take several months to complete. You tin cheque the condition of your application online as well equally update your contact information as necessary while your awarding is awaiting.
    • If the examining attorney approves your trademark, its pending registration will be advertised in the USPTO'south official gazette. Anyone opposed to registration of your trademark has 30 days from the date of publication to file a detect of opposition.
    • If no one opposes your trademark, the USPTO issues your registration certificate after the xxx-24-hour interval notice period is up.

  5. 5

    Utilise your pen proper name consistently. Once registered, yous must file periodic documents and pay the required fees to keep your registration active. Your trademark protection volition last indefinitely as long as you maintain your mark by using information technology continuously for the purposes listed.[23] [24]

    • Having your pen proper name trademarked doesn't mean other people can't use it at all. At that place may be people whose legal given proper name is your pen name, and they aren't infringing your trademark.
    • However, trademark registration does hateful you lot can forbid someone else from using the same name every bit their pen name.
    • To enforce your trademark, you must bring a lawsuit in federal court. The USPTO does not monitor or enforce trademarks – registration only gives you the right to file a lawsuit.
    • If you were to file an infringement lawsuit, yous would enjoy a legal presumption that you are the rightful owner of the name.

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  • Trademarks in the USA arise from the "outset use in commerce" of a distinctive brand on goods or services. Registration is entirely optional. Such trademarks are considered "live" until you can prove they were intentionally abandoned past the prior possessor.

  • Exist through in your trademark search. Hire a firm to do a "comprehensive search" of similar brands on goods or services, in literature and advertising, and in domain names, in all related fields, including misspellings and homonyms.

  • A foreign trademark may exist registered in the USA without first proving "use in commerce", based upon prior issuance of a foreign registration.

  • Yous can sue others in state or federal courts if they borrow upon YOUR trademark in the Usa, whether or not it has been registered anywhere, assuming you can evidence your use in commerce was prior to theirs.

  • Use ® only when your brand has a current federal registration. Apply (tm) or (sm) for your trademark or service marks that take no current federal registrations for the goods or services upon which you are using the brand.

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  • If you lot use the wrong course (e.grand., "Single Awarding") when applying for registration of a work created past a "corporation or LLC", it may be rejected considering registration of a "work for hire" must use a different form (e.g., "Standard Application").

  • You can be instantly sued for trademark infringement when you file an application for trademark registration, if you lot merits it is already in bodily use in commerce, when it creates a likelihood of defoliation with any similar brand already in employ (on appurtenances or services in commerce) in your field.

  • If you lot file for registration nether an "intent to apply", prior users of like brands may file an "opposition", when the time comes, or may sue you in state or federal court when they take proof that your use is infringing upon their prior rights, including your own filing of a "statement of actual utilize".

  • Yous tin exist sued in state or federal court if you infringe upon someone'due south "live" trademark in the U.s.a., whether or not their mark has been registered in a land or in the federal USPTO and even if whatsoever such registrations take expired.

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