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

Lara Pearson lara at brandgeek.net
Wed Jul 24 21:08:53 EDT 2024


Title of a single work cannot function as a TM
<https://tmep.uspto.gov/RDMS/TMEP/current#/result/TMEP-1200d1e2517.html?q=title%20of%20a%20single%20work&ccb=on&ncb=off&icb=off&fcb=off&ver=current&syn=adj&results=compact&sort=relevance&cnt=10&index=2>.
For TM rights to exist, there must be a series. The specimen could contain
the mark on a single work, so long as the image depicts the 2nd or a
subsequent work in the series. That said, since the mark must be on at
least 2 works, I would submit images of both. More is better when it comes
to evidence of use, IMHO.


Lara Pearson (she/her/hers) [Why pronouns
<https://medium.com/gender-inclusivit/why-i-put-pronouns-on-my-email-signature-and-linkedin-profile-and-you-should-too-d3dc942c8743>
?] (Hear how I say my name <https://namedrop.io/larapearson>)

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On Wed, Jul 24, 2024 at 2:42 PM Bosland Law via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

> 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
>
> david at bosland.law
>
> 206.289.0156
>
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