Submitting Evidence of Series of Creative Works

You may submit actual evidence that shows use of the mark on a series of creative works to establish that applicant's mark is not used as the title of a single creative work. Evidence of a series includes copies of at least two different book covers or packaging for recorded works (not two copies of the same work) that show the mark as a source identifier for the series and distinguish the mark from the individual titles of the works in that series. It is not necessary to show that the mark was used on other works in the series prior to the filing date of the application or allegation of use. However, evidence that the applicant merely intends to use the mark on a series is not sufficient evidence of use on a series.

For more information on acceptable evidence of a series of creative works, see TMEP §1202.08(b)-(c).

TEAS ROA form instructions: You should respond using the Trademark Electronic Application System (TEAS) "Response to Office action" (ROA) form (available at http://teasroa.uspto.gov/roa/), which automatically provides any required statement and supporting declaration language referenced in the Office action.

Answer "Yes" to form wizard question #1. In the "Argument" section, use the "Click here to Enter "Argument(s)" button to enter argument text. In the "Evidence" section, follow the instructions therein to upload JPG/PDF files that demonstrate evidence of a series. For technical assistance, contact TEAS@uspto.gov.