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TTAB Finds "Tick, Tick ... Boom!" to be the Title of a Single Work, Affirms Refusal to Register

Agreeing with Examining Attorney Natalie Polzer, the Board affirmed a refusal to register the mark TICK, TICK ... BOOM! for musical recordings, entertainment services in the nature of a musical play, and songbooks and sheet music, finding the mark to be the title of a single work and therefore unregistrable. In re Skeeziks, LLC, Serial No. 78435362 (September 26, 2008) [not precedential].The law is clear that the title of a single work is not registrable, and this rule applies to musical recording, printed publications, and live theatrical productions. Applicant argued that its purported mark "is not the title of a single work and that the mark identifies a series of distinct creative works."In support of its argument, Applicant submitted copies of two copyright registrations for "two substantial [sic] distinct plays with Applicant's mark as the title...continue to full post

Full post as published by The TTABlog on October 31, 2008 (boomark / email).