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

Sam Castree sam at castreelaw.com
Thu Jul 25 00:53:00 EDT 2024


Unless the book is a *coloring* book.  Then a single work is totally
acceptable, no series needed.  (Same with video games, which are much
closer to my heart and that of my practice).

Cheers,

Sam Castree, III

*Sam Castree Law, LLC*
*3421 W. Elm St.*
*McHenry, IL 60050*
*(815) 344-6300*



On Wed, Jul 24, 2024 at 8:11 PM Lara Pearson via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

> 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
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> ?] (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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