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TTAB Affirms Single Creative Work and Mutilation Refusals of "CHOOSE TO BE RICH"

The application of Cashflow Technologies, Inc. to register the mark CHOOSE TO BE RICH for audio tapes featuring financial educational information, turned out to be a poor candidate for registration. The Board chose to affirm the PTO's refusals to register, finding that the phrase constitutes the title of a single creative work (and is thus unregistrable), and that it comprises a mutilation of the mark that appears on the specimens of use. In re Cashflow Technologies, Inc., Serial No 78965495 (March 26, 2009) [not precedential].Single Creative Work: Under well-established law, the title of a single creative work cannot serve as a trademark. Cashflow argued, however, that the "content of each of [its] respective tapes is clearly different (e.g...continue to full post

Full post as published by The TTABlog on April 15, 2009 (boomark / email).