How to Register and Legally Use a Pen Name

How to Register and Legally Use a Pen Name .Many authors adopt pen names for various reasons, whether to safeguard their privacy when publishing a memoir or to explore different genres. In most cases, there’s no formal legal process involved—you can simply choose a name and start using it. Although some states require individuals conducting business under a different name to register it, these rules usually don’t apply to writers. Still, you may consider registering your pen name as a trademark for added protection and remain mindful of the contractual and copyright implications that come with publishing under an assumed identity.

Part1 Choosing Your Pen Name

Step 1: Brainstorm Possibilities

1. Start by brainstorming different pen name options. If you don’t already have one in mind, create a list of possible names that feel authentic and comfortable to you. A pen name might be related to your real name, or it might reflect an event or personal experience.

Consider how anonymous you want to remain—using a variation of your middle and last name may be fine if privacy isn’t critical, but if you want to remain untraceable, choose a name completely unrelated to your identity. Also, think about genre: a romance writer may choose a softer, lyrical name, while a thriller author may go for something sharp and bold.

🔗 More on choosing a pen name

Subheading: Finding a Name That Fits

Step 2: Avoid Famous Names

2. Make sure your pen name isn’t already associated with a celebrity or historical figure. Using a famous name may confuse readers and could even expose you to legal risks like identity misappropriation.

Search online, in databases, and through news articles to verify. Even slight differences may still be problematic if the figure is widely known. For instance, “Maria De La Curie” would be too close to Marie Curie. Similarly, last names such as “Hilton” or “Trump” carry strong associations that could create unwanted complications.

🔗 USPTO guidelines on name use

Subheading: Steer Clear of Conflicts

Step 3: Make Sure Your Chosen Name Is Available

3. Verify that no other author is already using your pen name. Search bookstores, online platforms, and the U.S. Copyright Office database to confirm.

A general web search is equally important—social media accounts, online profiles, or even negative associations (e.g., a criminal sharing your chosen name) could hurt your author brand. Imagine a reader searching for you—would they find you or someone else?

🔗 Search the Copyright Catalog

Subheading: Check for Availability

Step 4: Conduct a Trademark Search

4. Conduct a trademark search before settling on your pen name. If you want to protect your brand, registering your name as a trademark is a smart move. Use the U.S. Patent and Trademark Office (USPTO) database to check if the name—or a confusingly similar one—is already taken.

Entertainment companies often trademark character names, so double-check to avoid potential legal conflicts. If a trademark exists, you risk infringement claims even if you don’t personally register it.

🔗 Trademark Search (TESS)

Subheading: Protecting Your Name

Step 5: Establish Accounts Under Your Pen Name

5. Secure your digital presence once your name is cleared. Register a domain name, set up an email account, and claim social media handles for consistency across platforms.

Even if you’re not ready to launch a website, reserving your domain early prevents others from taking it. A strong online presence under your pen name is essential for book marketing, audience engagement, and brand recognition.

🔗 How to register a domain name

Subheading: Build Your Author Brand

Step 6: Consider Adding a Layer of Protection

6. If anonymity is critical, consider forming an LLC or corporation. This adds an additional layer of legal and public record protection. While Arizona allows anonymous LLCs (with attorney assistance), most states still link LLC records to your legal identity.

Though not foolproof, using an LLC separates your legal name from your writing activities, reducing the ease with which someone could connect your pen name to your real identity.

🔗 More on anonymous LLCs

Subheading: Legal Safeguards for Privacy

Part2 Registering Your Copyright

Step 1: Confirm Your Eligibility for Copyright Registration

1. Understand what can and cannot be copyrighted. You cannot copyright a single word or short phrase, so your pen name itself isn’t eligible for copyright. What you can register is the creative works you produce under that name.

Copyright protects your completed writing—such as books, stories, or essays—granting you exclusive rights to reproduce and distribute them. Protection begins the moment you create the work, but registration with the U.S. Copyright Office is necessary if you want the right to enforce your copyright in court.

🔗 U.S. Copyright Office – What Can Be Copyrighted

Subheading: Knowing What Copyright Covers

Step 2: Download an Application

2. Access the official copyright registration forms. The U.S. Copyright Office provides applications you can complete online or download as a paper form to mail.

Filing online has several advantages: lower fees, faster processing, and the ability to track the status of your application. Paper applications, while still valid, cost more and take longer to process.

🔗 Register a Copyright Online

Subheading: Choosing Online or Paper Filing

Step 3: Decide Whether to Reveal Your Real Name

3. Determine how you want your authorship to appear in public records. You can register a work as pseudonymous (under your pen name) or under your legal name. This choice affects both your privacy and the length of copyright protection.

If you want privacy: list your pen name as the author and claimant, and check the “pseudonymous” box.
If you want to be identified: provide both your real name and pen name.
If you register under your real name, protection lasts for life + 70 years.
If you register under a pen name only, protection lasts for 95 years from publication or 120 years from creation, whichever comes first.
If you’ve created an LLC or corporation, you may also register the copyright in the entity’s name.

🔗 Copyright Registration Guidance

Subheading: Balancing Privacy and Protection

Step 4: Submit Your Application

4. File your completed application with the U.S. Copyright Office. You can submit electronically or by mail. The fees depend on the filing method and the type of work.

Online registration for a single work: $45–$65 (depending on options).
Paper registration: $125.
Multiple works (e.g., a series): higher fees apply, but they allow you to cover several titles in one filing.

🔗 Copyright Fees – U.S. Copyright Office

Subheading: Filing and Paying Fees

Step 5: Send Deposit Copies

5. Provide copies of your work for the Library of Congress and Copyright Office records. These are known as “deposit copies.”

For online applications, you can upload digital files directly, which is faster and cheaper for long manuscripts. However, in some cases the Copyright Office still requires physical copies, especially for published works distributed in print.

Failure to provide required deposit copies may result in delays or fines, so make sure you review the requirements carefully.

🔗 Deposit Requirements for Copyright

Subheading: Meeting Deposit Requirements

Part3 Registering Your Trademark

Step 1: Consider Hiring an Attorney

1. Think about getting legal help before starting the trademark process. While you’re not required to hire an attorney, the trademark application process can be complex. An experienced trademark attorney will understand USPTO procedures, helping you avoid mistakes that could result in delays or denial.

Remember, a USPTO attorney will review your application, but they do not represent you and cannot give you legal advice. Having your own attorney ensures you have someone on your side to guide you.

🔗 Find a Trademark Attorney – USPTO

Subheading: Why Legal Guidance Matters

Step 2: Complete Your Trademark Application

2. Fill out the required USPTO trademark application. Your application must specify the pen name you want to protect, how you intend to use it, and in what commercial contexts.

There are two primary filing bases:

Actual Use – if you are already using your pen name commercially.
Intent to Use – if you plan to use it in the future (more complex and requires extra documentation).

You’ll also need to select commercial classes for your goods or services. Think broadly about future uses of your pen name, such as merchandise, publishing services, or media ventures.

🔗 USPTO – Initial Application Forms

Subheading: Defining Your Trademark Scope

Step 3: File Your Trademark Application

3. Submit your application electronically through the USPTO. Once filed, your pending application becomes part of the public record and is searchable in the USPTO database.

The filing fee starts at $250–$350 per class (depending on the form type), and you’ll need to pay more if you want protection in multiple classes.

🔗 Trademark Electronic Application System (TEAS)
🔗 USPTO Fee Schedule

Subheading: Filing and Costs

Step 4: Work with Your Application Examiner

4. Respond to your USPTO examining attorney during the review process. After filing, your application will be assigned to a USPTO trademark attorney who will determine if it can proceed or if more information is required.

The process may take several months.
If approved, your mark is published in the USPTO Official Gazette.
Third parties have 30 days to oppose your registration.
If no opposition arises, your registration certificate will be issued.

🔗 Check Trademark Application Status – TSDR

Subheading: The Examination & Publication Phase

Step 5: Use Your Pen Name Consistently

5. Maintain and enforce your trademark rights. Trademark protection can last indefinitely, but only if you continuously use your pen name for the registered purposes and file the required maintenance documents (e.g., Section 8 and Section 9 filings).

Having a trademark doesn’t stop people with the same legal name from using it, but it prevents others from adopting it as a pen name.
The USPTO does not police trademarks—you must enforce your rights by bringing lawsuits if necessary.

🔗 Maintaining Your Trademark Registration
🔗 Trademark Enforcement Basics