1202.09(a)(ii)(A) Promotion and Recognition of the Name
To show that the name of an author or performing artist has been promoted and is recognized as indicating the source of a series of written works, the applicant could submit copies of advertising that promotes the name as the source of a series, copies of third-party reviews showing others’ use of the name to refer to a series of works, or evidence showing the name used on a website associated with the series of works. See In re ZeroSix, LLC, 2023 USPQ2d 705, at *1-3 (TTAB 2023) (holding BOYS WORLD functions as a mark for a series of musical audio recordings where the specimen included excerpts from computer apps or websites that promoted the mark in connection with the group’s music and showed the group recognized as the source of a series of recordings that could be played or downloaded using links on the pages; additional evidence showed further promotion and recognition in linked videos, music, and other content reached through the BOYS WORLD mark; articles, including from well-known publications, described the group, its members, origin story, music and philosophy; and large numbers of followers and listeners on known social media platforms existed, which showed widespread recognition of the group); In re Scholastic Inc., 23 USPQ2d 1774, 1777 (TTAB 1992) (holding THE MAGIC SCHOOL BUS functions as a mark for a series of books, where the record contained evidence of use of the designation displayed prominently on many different book covers, as well as evidence that applicant promoted the term as a series title, that others used the designation in book reviews to refer to a series of books, and that purchasers recognized the designation as indicating the source of a series of books).