V.E.W., Ltd.

Trademark Trial and Appeal Board

Feb 17, 2006

No. 78056154 (T.T.A.B. Feb. 17, 2006)

Hearing: Mailed: February 17, 2006
November 10, 2005 PTH

UNITED STATES PATENT AND TRADEMARK OFFICE
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Trademark Trial and Appeal Board
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In re V.E.W., Ltd.
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Serial No. 78056154
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Sharon Blinkoff of Buchanan Ingersoll PC for V.E.W., Ltd.

Andrea Nadelman, Trademark Examining Attorney, Law Office
110 (Chris A. F. Pedersen, Managing Attorney).
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Before Quinn, Hairston and Kuhlke, Administrative Trademark
Judges.

Opinion by Hairston, Administrative Trademark Judge:

An application has been filed by V.E.W., Ltd. to
register VERA WANG ON WEDDINGS as a trademark for
“magazines, books, brochures and catalogues, all featuring
information on fashion, weddings, wedding planning,
THIS DISPOSITION IS NOT
CITABLE AS PRECEDENT OF
THE TTAB
Ser No. 78056154
2
lifestyles, and matters of general interest.”1
The trademark examining attorney has refused
registration under Sections 1, 2 and 45 of the Trademark
Act on the ground that the designation VERA WANG ON
WEDDINGS, as used on the specimens of record, does not
function as a trademark because it is the title of a single
book.
When the refusal was made final, applicant appealed.
Briefs have been filed and an oral hearing was held. We
affirm the refusal to register.
The examining attorney argues that the designation
sought to be registered, VERA WANG ON WEDDINGS, is the
title of a single book and therefore is not entitled to
registration. Citing In re Cooper, 254 F.2d 611, 117
USPQ2d 396 (CCPA 1958), the examining attorney maintains
that it is settled law that the title of a single book is
not registrable, and she is not persuaded by applicant’s
arguments that the designation it seeks to register is an
exception to this rule of law.

1 Serial No. 78056154, filed April 1, 2001, which was based on an
allegation of a bona fide intention to use the mark in commerce.
Applicant subsequently filed an amendment to allege use wherein
it claims a date of first use anywhere and a date of first use in
commerce of December 31, 2001. The word WEDDINGS is disclaimed
apart from the mark as shown. Also, the application includes a
statement that the name identified therein is a living individual
whose consent is of record.
Ser No. 78056154
3
Applicant, in urging reversal of the refusal, argues
that the examining attorney’s refusal to register “[is]
based solely on the mechanical application of the rule on
book titles.” (Brief, unnumbered p. 2). Applicant
contends that the designation it seeks to register is an
exception to the rule because Vera Wang is well known in
the bridal industry, in particular, and the fashion
industry, in general. In this regard, applicant submitted
ample evidence that Ms. Wang is well known in the bridal
and fashion fields. Also, applicant contends that its book
has been promoted and sold with perfume as part of a
product set and therefore the designation it seeks to
register has come to represent a source to purchasers.
Finally, applicant argues that the facts in this case are
similar to those in In re Polar Music International AB, 714
F.2d 1567, 221 USPQ 315 (Fed. Cir. 1983).
Initially, we note that the specimen of record shows
use of the designation sought to be registered, VERA WANG
ON WEDDINGS, on a single book, and applicant does not
maintain that the designation has been used on a series of
books. As the examining attorney has correctly pointed
out, it is well settled that the title of a single book is
not entitled to registration. In re Cooper, supra.
Furthermore, subsequent to the filing of briefs in this
Ser No. 78056154
4
case, the Board rendered a decision in In re First Draft,
76 USPQ2d 1183 (TTAB 2005) which involved an application to
register the name of an author for a series of books. One
of the substantive questions addressed by the Board in that
case was “whether an author’s name is, as the examining
attorney contends, generally to be treated as unregistrable
and, if so, why.” First Draft at 1187. The Board held, at
1190:
We conclude that, as a general rule, an author’s
name is not registrable for a single work but may
be registrable for a series of written works,
when there is sufficient other indicia that the
name serves more than as a designation of the
writer, that is, that it also functions as a
mark.

The Board could not have been more clearer on the question
of whether an author’s name, in particular, is registrable
for a single work.
Moreover, we are not persuaded by applicant’s
arguments that the designation it seeks to register is an
exception to settled law. The evidence of the renown of
Vera Wang in the bridal and fashion fields does not
establish that the designation has come to represent a
source to purchasers of the book. We recognize that in
certain cases, a personal name has been characterized as
essentially descriptive. See McCarthy, J. Thomas, McCarthy
on Trademarks and Unfair Competition §13.2 (4th ed. database
Ser No. 78056154
5
updated 2005) and cases cited therein). However, the
refusal herein is not based on mere descriptiveness under
Section 2(e)(1) of the Act, but rather on the failure of
the designation to function as a mark. Thus, to the extent
that applicant is claiming that the name Vera Wang has
become “distinctive” as a result of advertising and
promotion, such a claim is not applicable in this case.
Further, the fact that applicant’s book is promoted
and sold with perfume as part of a product set is not
persuasive because applicant is not seeking registration of
its designation for a product set consisting of a book and
perfume. Our determination of the registrability of the
designation must be based on a consideration of the goods
in the application.
Finally, the Polar Music case is readily
distinguishable on its facts. In that case, the applicant
sought to register the name of the recording group ABBA for
sound recordings. In holding that the name could be
registered as a trademark, the court pointed to evidence
that applicant controlled the quality of the sound
recordings and the fact that the ABBA name had been used
numerous times on different records.
Ser No. 78056154
6
In the case before us, there is no evidence that
applicant has used the name Vera Wang on numerous, i.e., a
series of, books.
In view of the foregoing, we find that the
designation sought to be registered, VERA WANG ON
WEDDINGS, does not function as a mark and therefore
may not be registered.
Decision: The refusal to register is affirmed.