Trademark Trial and Appeal Board
Patent and Trademark Office (P.T.O.)
*1 IN RE CHICAGO READER, INCORPORATED
Serial No. 631,921
March 29, 1989
Hearing: February 7, 1989
Willian Brinks Olds Hofer Gilson & Lione, Ltd. for applicant
Amos T. Matthews
Trademark Examining Attorney
Law Office 1
(Debbie Cohn, Managing Attorney)
Before Rooney, Simms and Cissel
Members
Member
Chicago Reader, Incorporated, an Illinois corporation, has appealed from the final refusal of the Trademark Examining Attorney to register the name CECIL ADAMS for a newspaper column. [FN1] The Examining Attorney, citing Sections 2 and 45 (definition of "trademark") of the Act, has refused registration on the ground that the term sought to be registered is used in the nature of an author's byline and not as a trademark indicating origin of applicant's goods.
We affirm.
One of applicant's columns, submitted as a specimen, is reproduced below.
TABULAR OR GRAPHIC MATERIAL SET FORTH AT THIS POINT IS NOT DISPLAYABLE
It is applicant's position that the "prominent" use of the byline "CECIL ADAMS," used in connection with its weekly newspaper column for 13 years, is trademark use. Applicant contends that the long and extensive use of this name in association with its column together with applicant's use of this name in association with a 1984 book of a compilation of articles or columns by "Cecil Adams" establish that applicant has a registrable trademark. The front and back covers of this book have been made of record and were reproduced by applicant in its brief. Applicant has also made of record copies of the registration files for the marks ANN LANDERS and JIMMY THE GREEK.
As the Examining Attorney has pointed out, not all words, designs and symbols used in connection with goods or services function as trademarks and service marks. To determine whether the term sought to be registered would be recognized by prospective purchasers as a trademark or service mark, the specimens of record must be considered. Here, the specimens consist of applicant's newspaper entitled READER. As shown above, the name "CECIL ADAMS" appears at the bottom of a column bearing the title "THE STRAIGHT DOPE." Upon examination of these specimens we fully agree with the Examining Attorney that the name "CECIL ADAMS" as used in the specimens of record merely serves to identify the author of the article and is not used nor would be recognized as a trademark identifying and distinguishing applicant's column. A nom de plume or pseudonym of a writer is not generally regarded as a trademark for the writing. Norcross v. Richardson, 68 USPQ 371 (Com'r.Pat.1946), aff'd., 78 USPQ 122 (DC 1948) (pseudonym of writer used as a signature for a series of letters does not function as a trademark). Compare In re Wood, 217 USPQ 1345 (TTAB 1983). Of course, each case must be decided upon its own record. Because the specimens in the registration files made of record by applicant were markedly different from those in this case, they form no support for the registrability of the name CECIL ADAMS. Moreover, the impression that "Cecil Adams" is a byline is reinforced by additional information contained at the bottom of applicant's columns:
*2 Is there something you need to get straight? Cecil Adams can deliver the Straight Dope on any topic. Write Cecil Adams, Chicago Reader, PO Box 11101, Chicago 60611
"Cecil Adams" appears to be the name of an individual, albeit fictitious, and is not used in the manner of a trademark. Nor does the use of the name "Cecil Adams," used as the author of a book, support applicant's position. See Norcross v. Richardson, supra.
Decision: The refusal of registration is affirmed.
L.E. Rooney
R.L. Simms
R.F. Cissel
Members, Trademark Trial and Appeal Board
FN1. Serial No. 631,921, filed November 24, 1986, asserting use since February 2, 1973. In the application it is indicated that "CECIL ADAMS" does not identify any particular individual but is a fanciful name.