Trademark Law Alert—Non-Syndicated Newspaper Column Titles … – Mondaq News Alerts
To be registrable as a trademark on the U.S. Principal Register, the trademark must relate to “goods in trade” sold or transported in commerce for use by others as distinguished from being merely ancillary or incidental to the applicant’s own goods or services.
Historically, non-syndicated print newspaper columns have not been considered goods in trade separate from the newspapers in which they appeared, so their titles have not been eligible for a trademark registration.
A precedential decision of the Trademark Trial and Appeal Board (TTAB) has held otherwise in view of changes in the way newspaper columns are nowadays being distributed and read.
Background
The New York Times (the “Times”) filed six use-based applications to federally register the following marks on the Principal Register for printed “columns” on various subjects: THE NEW OLD AGE, A GOOD APPETITE, HUNGRY CITY, WORK FRIEND, OFF THE SHELF, and LIKE A BOSS (the “Times Marks”).
The Examining Attorney refused…
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