Page:Compendium of US Copyright Office Practices (1973).pdf/160

4.2.3

Name of claimant(cont'd)

II.

Variant form of claimant's name(cont'd)

d.

Abbreviations, initials, etc.

5.

(cont'd)

and will not require him to submit proof of his statement. However, if the statement appears to be clearly inconsistent or incorrect on its face, the application may be questioned or rejected.

Examples:

(1)

Dwight D. Eisenhower, pseudonym. of

John Brown

(2)

X, accepted alternative designation of Louella Chalfont

(3)

Oscar Claffey, doing business as the American Red Cross

6.

A trade name identifies a business and a trademark identifies the goods produced by that business. Thus,when a trademark serves only to identify goods or products, it cannot be accepted as the "name" of the proprietor in the copyright notice. However, when a trademark also serves as a trade name in identifying the copyright proprietor to the public, registration may be considered. (See topic 4.2.3.I.a.2.(d), above.)

(a)

Where the notice contains a designation which is identified only as a trademark (registered or not) inquiry will be made as to whether the mark also serves as the trade name or accepted alternative designa­tion of the claimant himself. If so, a new application stating this fact will be re­quested. If not, registration will be re­fused.

Examples

(1)

In notice:

Skip-Itch

In application:

Skip-Itch, regis­tered trademark of Samuel L. Beitchman, d.b.a. Sylbe Drug Co.