1202.09(a)(i) Author or Performer’s Name – Evidence of a Series
In an application seeking registration of an author’s or performer’s name, the applicant must provide evidence that the mark appears on at least two different works. Such evidence could include copies of multiple book covers, multiple CD covers, or multiple digitally rendered "covers" of extended play (EP) and/or single recordings that may be downloaded from computer apps or websites that show the name sought to be registered. See In re Polar Music Int’l AB, 714 F.2d 1567, 1572, 221 USPQ 315, 318 (Fed. Cir. 1983); In re ZeroSix, LLC, 2023 USPQ2d 705, at *2-3 (TTAB 2023). A showing of the same work available in different media, i.e., the same work in both printed and/or recorded or downloadable format, does not establish a series.
The identification of goods need not reflect that the applicant is using the name on a series of works (either written or recorded). It is sufficient that the record contains the evidence of a series.