A title of a single work refusal occurs when the USPTO believes your trademark is only being used as the title of a single creative work.

Let’s use an example.

So, let’s say your trademark is ABIGAIL’S ADVENTURES for books, you submitted a specimen of one children’s book with ABIGAIL’S ADVENTURES on it.  Well, the USPTO will likely refuse that trademark as only showing the title of a single creative work.  That specimen shows no evidence that there are multiple works.

So, what counts as a creative work?

According to the TMEP, “books, sound recordings, downloadable songs, downloadable ring tones, videocassettes, DVDs, audio CDs, and films are usually single creative works”.  Theatrical performances, too!

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So, how do you overcome this Refusal?

Well, the first option is to provide a new specimen or evidence that your creative work is not considered a single work.

So, for instance, suppose my book showed evidence that this book was a part of a larger series, such as the wording “Volume 1” or “Book 1”.  This would provide evidence that ABIGAIL’S ADVENTURE is used on multiple books.

Or, suppose I had a specimen where there were two or three books of ABIGAIL’S ADVENTURES.  That would show that ABIGAIL’S ADVENTURE is used on multiple books or creative works.

The second option is to amend your filing basis to a 1(b) intent to use application.  

So, let’s say your specimen only showed the one book, and you received this Refusal.  You can then amend to a 1(b) basis, which is an intent to use application instead of an in commerce application.  In that case, you’d have to provide a new specimen at a later time, which shows evidence that your creative work is not considered a single work.  So, this is only a temporary solution.

Also, if you already submitted a Statement of Use after receiving a notice of allowance, you can’t amend to a 1(b) basis.

By choosing one of these two options, you can begin the process of overcoming this Refusal!