[E-trademarks] Portion of a title of a work as a source indicator

[jack baldinilaw.com]

TMEP 1208(d)(2) requires that it be used “on a series of works”.  TMEP 1208 states registration is refused unless the title has been used on a series of creative works.  In your example, use on “a single work” , whether the full title or a portion, would not be enough.  It might bolster the totality of use if used in other ways, and other specimens could be provided, but if that is the only specimen, would likely get refused in my opinion.

John Brooks Baldini, Esq.
Baldini Law, LLC
12557 Leatherleaf Drive
Tampa, Florida 33626
(973) 945.1645
www.baldinilaw.com
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From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Bosland Law via E-trademarks
Sent: Wednesday, July 24, 2024 5:42 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Bosland Law <office at bosland.law>
Subject: [E-trademarks] Portion of a title of a work as a source indicator

Hi All!

     I know that a portion of the title of a work (a book, let's say), can be trademark use for the purposes of USPTO registration<https://tmep.uspto.gov/RDMS/TMEP/current#/current/TMEP-1200d1e2574.html>, but would simply adding a "TM" superscript to that portion, of a single work, really be enough?     Thus:   "NOT A TRADEMARK™: How to get the most out of your Examining Attorney"    <-- photo of one work is the only specimen provided..


db

David Bosland
Bosland Law, PLLC
www.bosland.law<http://www.bosland.law/>
david at bosland.law<mailto:david at bosland.law>
206.289.0156<tel:206.289.0156>

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