Single Book Title Fails To Function As A Trademark, Says TTAB

The Board affirmed a refusal to register THE NEUROTIC PARENT'S GUIDE (in standard characters, with GUIDE disclaimed), finding that it fails to function as a trademark for "Publications, namely, books on the subjects of colleges and college admissions." Rejecting a recent non-precedential Board decision [TTABlogged here] indicating that a single book title is merely descriptive and therefore eligible for registration via Section 2(f), the Board stated: "The title of a single work is ... unregistrable even if an applicant submits proof of acquired distinctiveness." In re Rothman, Serial No. 85945757 (September 10, 2019) [not precedential] (Opinion by Judge David K. Heasley).

The TTAB has (almost always) followed the principle laid down by the CAFC in Herbko v. Kappa Books that the title of a single work is not registrable as a trademark. "The policy behind this is clear. Because a trademark can endure for as long as the trademark is used, at the point that