TMEP 1202.08(d)(ii): Establishing a Series When the Mark is a Portion of the Title

This is the October 2015 Edition of the TMEP

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1202.08(d)(ii)    Establishing a Series When the Mark is a Portion of the Title

An applicant may establish that the portion of the title of a creative work is used on a series by submitting more than one book cover or CD cover with the mark used in all the titles. For example, if the mark on the drawing is “THE LITTLE ENGINE” and on the book it appears as “THE LITTLE ENGINE THAT WENT TO THE FAIR,” registration should be refused because the mark is a portion of a title of a single work. See In re Nat’l Council Books, Inc., 121 USPQ 198, 199 (TTAB 1959) (finding “NATIONAL” to be a portion of the title “NATIONAL GARDEN BOOK”). To establish use on a series, the applicant may submit additional book covers showing use of, e.g., “THE LITTLE ENGINE GOES TO SCHOOL,” and “THE LITTLE ENGINE AND THE BIG RED CABOOSE.”