A work title (for example the title of a book or a movie) is a commercial designation. However, it does not characterise a company, but the specific product. In contrast to a trade mark, the work title does not distinguish a work from other works by its origin, but by its content and nature.

A significant difference to a registered trade mark is that protection for a work title does not arise through registration, but arises with the commencement of use, provided that the work title has distinctive character or a reputation. This title protection therefore only extends territorially where these criteria are met, whereas the protection of a registered trade mark extends throughout Germany from the time of registration, even if it is not yet in use.

A special feature of the protection of work titles is that priority can be obtained by proclamation, for example by publishing a title protection notice, even before the work is used, i.e. before it appears, provided that the work appears under the proclaimed title within a reasonable, shorter period of time.

Title protection can be obtained, for example, for the title of a printed publication, a movie, an internet blog, a podcast, a musical work, a stage work, a radio or television programme or a game.

Nevertheless, it should always be considered whether a work title can also be protected as a registered trademark.

Before a title is used, a title search and a trademark search should be carried out to find out whether third parties already have protection for the intended title.