How to Avoid Trademark Violations on KDP

What Counts as a Trademark Violation?

A trademark violation occurs when your book's metadata (title, subtitle, series name, or description) includes a registered trademark in a way that could confuse buyers.

Common Trademark Violations

1. Phrase marks: "For Dummies," "Chicken Soup for the Soul," "Idiot's Guide"
2. Brand names: Kindle, Apple, Disney, Marvel, Nike, Amazon
3. Celebrity names: Using famous names without permission
4. Sports teams: NFL, NBA, team names and logos
5. Slogans: "Just Do It," "I'm Lovin' It," "Think Different"

Where Trademarks Trigger Violations

• Book title
• Subtitle
• Series name
• Description (though less strictly enforced)
• Cover text and images
• Author name (if using a trademarked term)

What DOESN'T Count as a Violation

Using trademarked terms inside your book's content is generally protected under "nominative fair use." You can write:

• "She opened her iPhone and checked the weather"
• "The Nike swoosh was visible on his shoes"
• "They drove past the McDonald's on Main Street"

The key distinction: Metadata is advertising. Content is expression. Amazon primarily scans metadata, not interior content.

What Happens If You Violate?

Consequences escalate with severity and repetition:

1. First offense (minor): Book removed, warning email sent. You can usually fix the title and republish.
2. Second offense: Account placed "under review." New publishing may be restricted.
3. Pattern of violations: Account termination. All books removed. Pending royalties may be held.
4. Brand owner action: In rare cases, trademark holders pursue legal damages directly.

How to Check Your Title

Before publishing any book, follow this checklist:

1. Use our scanner:Trademark Scanner checks the USPTO database instantly
2. Search USPTO directly: Visit tmsearch.uspto.gov for comprehensive searches
3. Google your exact title: Look for existing brands or businesses
4. Check Amazon: Search for books with similar titles
5. Consult an attorney: For high-stakes launches or unclear situations

Safe Title Strategies

Minimize your risk with these approaches:

• Descriptive over clever: "Productivity Habits for Busy Professionals" is safer than "The Productivity Hack Bible"
• Avoid superlatives: "Best," "Ultimate," and "#1" attract scrutiny
• Create your own terms: Make up words or phrases unique to your brand
• Use your name: "John Smith's Guide to..." is unlikely to conflict

If You Get Flagged

If Amazon removes your book for a trademark violation:

1. Don't panic: Single violations are usually fixable
2. Read the email carefully: Amazon usually specifies the problematic term
3. Change your title: Remove or modify the flagged term
4. Republish: Use a new title that's been properly checked
5. Document everything: Keep records in case you need to appeal

Prevention Tools