A magazine title someone else has used?

It is among the more common questions I get: I am starting a magazine and I assume I need to make sure no one else is using the title I want and that it is not already copyrighted. How do I check that and how do I then copyright that name?

Titles as such can't be copyrighted, but it is normal for them to be registered either as a trading (business) name or as a trade mark.

However, it really depends on how important this is to you. The protection you may need is only really within the narrow field of the publication. It is not unusual for regional publications, for example, to have the same name with a suffix or prefix added in very small type on the cover and seldom used within the local area. Think of newspapers and particularly the many with News, Times, Chronicle etc as their name.

Registration as a business name/trade mark is more common in the US than in the UK or Australia, but I've previously mentioned the magazine known as the Musician which I published in the UK in the '60s. There was also a Musician published by the Salvation Army and one by the Brass Band Association. I recall only one mixup which was by an advertising agency which should have known better.

Consideration of potential confusion is more important than registration as you do need to make sure you cannot be accused of "passing off" your publication as one owned by someone else. Also, many titles are generic descriptions of the field and would be unlikely to be allowed for registration -- but may still be an ideal publication title.