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How to Register and Legally Use a Pen Name
Many authors adopt a pen name for different reasons, such as protecting their privacy when publishing memoirs or exploring multiple genres. In most cases, there is no strict legal process required—you can simply choose and start using one. While certain state laws require registering a business name, these usually don’t apply to writers. Still, you may consider trademark registration and stay mindful of how contracts and copyright rules apply when publishing under an assumed name.
Part1 Choosing Your Pen Name
1. Brainstorm Pen Name Possibilities
Start by coming up with several potential pen names. You might select one connected to your real name, inspired by life events, or reflecting the genre you plan to write in. For example, a literary author turning to romance might choose a softer, more romantic name. Consider how anonymous you want to be: if full anonymity is the goal, choose a name unrelated to your real identity or close family.
🔗 Writer’s Digest – Tips on Choosing a Pen Name
2. Avoid Famous Names
Always research your pen name ideas to ensure they are not already used by celebrities or historical figures. Using a well-known name may cause confusion or legal issues related to identity theft. For instance, “Maria De La Curie” would be too close to the famous scientist Marie Curie. Some surnames, like “Hilton” or “Trump,” are so closely tied to public figures that they are best avoided altogether.
🔗 NOLO – Legal Issues with Pen Names
3. Check Availability of Your Name
Once you’ve chosen a pen name, search online and in databases to ensure it isn’t already in use by another author. Look through bookstore listings, the U.S. Copyright Office’s database, and general internet searches. Remember to think like a reader—would they confuse you with someone else of the same name? If your chosen name is associated with negative press (e.g., a criminal case), consider alternatives.
🔗 U.S. Copyright Office Public Catalog
4. Conduct a Trademark Search
Before committing, search the U.S. Patent and Trademark Office (USPTO) database to check if your pen name—or a similar one—is trademarked. Trademarks can be registered not only for authors but also for fictional characters in books, films, or games. If your chosen name appears in the database, it’s safer to pick a different one to avoid infringement issues.
🔗 USPTO Trademark Electronic Search System (TESS)
5. Secure Online Accounts with Your Pen Name
Once cleared, register your pen name as a domain and create a matching email address. Claim usernames on social media platforms you plan to use for marketing your writing. Even if you don’t plan to launch a website right away, reserving domains and accounts ensures your brand identity is protected early.
🔗 Namecheap – Domain Registration
6. Consider Legal Protection with an LLC
If anonymity is important, you might establish a corporation or LLC to shield your real identity when registering copyrights or trademarks, which are public records. While Arizona allows anonymous LLCs, most states require disclosure of owners. Although not foolproof, an LLC adds another layer of privacy protection for authors using pen names.
🔗 Harvard Business Services – Anonymous LLC Guide
Part2 Registering Your Copyright
1. Confirm your eligibility for copyright registration. You cannot copyright single words or short phrases, so the pen name itself is not eligible for copyright. However, you can copyright the works you create under that name. Copyright gives you the exclusive right to reproduce and distribute your writing. Note that copyright only protects completed creative works, not mere ideas. From the moment you create your work, copyright exists, but you must register with the U.S. Copyright Office to enforce your rights in court. Reference ➝ Circular 1: Copyright Basics
Subtitle: Check if your work qualifies for protection
2. Download and complete the application. The U.S. Copyright Office provides applications you can either fill out online or download and mail as paper forms. Online filing offers several advantages: it costs less, allows you to check your application status, and provides faster processing.
Subtitle: Access the official registration application
3. Decide whether you want to reveal your real name. The term of copyright protection depends on whether you register under your legal name or as a pseudonymous work. If you use your pen name only, protection lasts 95 years from publication or 120 years from creation. Registering under your legal name grants protection for your life plus 70 years. When filling out the application, you must decide whether to identify yourself or remain pseudonymous. Reference ➝ Circular 45: Works by Pseudonymous Authors
Subtitle: Choose between anonymity or full identification
4. Submit your application. Once completed, you can file online or by mail. Fees vary depending on the method and type of work. For example, registering a single work online costs $35, while submitting a paper application costs $85. If you want to register multiple works as a series, higher fees apply. Full fee details are available on the Copyright Office’s fee schedule.
Subtitle: File your application and pay the fees
5. Send deposit copies of your work. Every registration requires deposit copies for the U.S. Copyright Office and the Library of Congress. Online applicants can upload digital copies, which saves time and money, especially for large manuscripts. However, in some cases, physical copies must still be mailed even if an electronic version was submitted. Reference ➝ Circular 7D: Mandatory Deposit of Copies or Phonorecords
Subtitle: Provide mandatory copies for deposit
Part3 Registering Your Trademark
1. Consider hiring an attorney. While not strictly required, hiring a licensed trademark attorney can significantly improve your chances of success. Trademark applications are often complex, and an attorney familiar with the U.S. Patent and Trademark Office (USPTO) can help you avoid mistakes that could result in denial. Keep in mind that USPTO examining attorneys do not represent you or provide legal advice — they review your application on behalf of the government. Reference ➝ USPTO: Using a Trademark Attorney
Subtitle: Get legal help to strengthen your application
2. Complete your trademark application. Your application must specify the pen name you wish to protect, how it will be used, and in what commercial contexts. The USPTO offers two main types of applications: “use in commerce” (for names already in use) and “intent to use” (for names you plan to use). The latter requires additional paperwork. You must also identify the goods or services linked to your pen name and select the appropriate trademark class. Reference ➝ USPTO: Trademark Basics
Subtitle: Provide details on usage and business categories
3. File your trademark application. Applications are submitted electronically via the USPTO’s Trademark Electronic Application System (TEAS). Once filed, your application is added to the public database. The filing fee starts at $250–$350 per class, depending on the form used, and additional fees apply for multiple classes. Reference ➝ USPTO Fee Schedule
Subtitle: File online and pay the required fees
4. Work with your application examiner. After submission, your application is assigned to a USPTO examining attorney who will determine if it meets all requirements. The process can take several months. If approved, your trademark is published in the USPTO Official Gazette for opposition. Opponents have 30 days to challenge your trademark. If no opposition arises, the USPTO will issue your registration certificate. Reference ➝ USPTO Examination Process
Subtitle: Navigate the review and opposition process
5. Use your pen name consistently. A registered trademark must be actively maintained to remain valid. This requires regular filings, renewal fees, and continuous use of your pen name in commerce. Trademark rights can last indefinitely as long as these requirements are met. Keep in mind that registration doesn’t give you absolute control — for example, someone with that name as their legal given name may still use it. However, registration gives you the legal presumption of ownership and the ability to enforce your rights in federal court. Reference ➝ USPTO Maintaining a Trademark Registration
Subtitle: Maintain your trademark and enforce your rights