[E-trademarks] Acceptable Specimens for Name of a Character in a Creative Work?

Spencer Cross spencer at counselforcreators.com
Wed May 22 20:04:09 EDT 2024


Hello all,

I'm curious if anyone has examples of things you've successfully used as a
specimen for a mark that's also the name of a character in a registration
for things like online video and television content? We've tried specimens
showing the mark being used in a title treatment, as the header on a
client's YouTube page, and as a watermark on individual episodes, all of
which I believe are in the same vein as the examples from TMEP § 1210.02 of
"showing use of the character name as a mark on the spine of the book, or
on displays associated with the goods, in a manner that would be perceived
as a mark." We were also careful to craft the description of the specimen
to echo the language from TMEP. Unfortunately, they've always been shot
down with a conclusory statement and no actual analysis. I'm guessing I'm
going to have to just give the EA a call in this case, but would appreciate
any insight anybody might have before I do that. Feel free to reply
off-list if you prefer.

Thanks!
Spencer

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