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TTAB Okays Single DVD as Specimen for Ongoing TV Series, "EVERYBODY I EVER SLEPT WITH"

Pointing out that the PTO seemingly confused the use of the mark on a promotional DVD, which is a single work and an acceptable specimen, with a mark being the title of a single work, the Board reversed a refusal to register the mark EVERYBODY I EVER SLEPT WITH for ?providing on-going television programs in the field of romance." In re Atlas Media Corp., Serial No. 76655719 (January 27, 2009) [not precedential].The PTO refused to register on the ground that the mark is used only as the title of a single work. It therefore does not function as a service mark and is not registrable, under established law.However, the Board found it "clear from both the recitation of services" and from Applicant's declaration stating that "the DVD ? is a promotional communication to obtain advertisers of the television program?" and that ?the content of the DVD has images of selected reference-identified EVERYBODY I EVER SLEPT WITH ongoing television exemplary broadcasts," that applicant uses the mark EVERYBODY I EVER SLEPT WITH to identify a series of television broadcasts...continue to full post

Full post as published by The TTABlog on February 19, 2009 (boomark / email).