Lostmy.name Ltd

THIS OPINION IS NOT A
PRECEDENT OF THE TTAB
Mailed: February 17, 2026
UNITED STATES PATENT AND TRADEMARK OFFICE
_____
Trademark Trial and Appeal Board
_____
In re Lostmy.name Ltd
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Serial No. 98342035
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Pamela N. Hirschman and Julie S. Shursky of Davis Graham & Stubbs LLP,
for Lostmy.name Ltd.
Thomas Key, Trademark Examining Attorney,1 Law Office 130,
John Lincoski, Managing Attorney.
_____
Before Dunn, Allard, and Bradley,
Administrative Trademark Judges.
Opinion by Allard, Administrative Trademark Judge:
1 A different Trademark Examining Attorney, Lindsey Schoen, examined the involved
application, issued the final refusal, and denied the request for reconsideration. The
application was assigned after appeal to Examining Attorney Key, who filed the brief of the
United States Patent and Trademark Office (“USPTO”). 10 TTABVUE 2, 8. In this opinion,
we will refer to both Examining Attorney Key and his predecessor as the “Examining
Attorney.”

Serial No. 98342035
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Lostmy.name Ltd (“Applicant”) seeks registration on the Principal Register of the
mark I LOVE YOU THIS MUCH (in standard characters) for “Publication of books;
publication of personalized story books; book publishing,” in International Class 41.2
The Examining Attorney refused registration under Sections 1 and 45 of the
Trademark Act, 15 U.S.C. §§ 1051, 1127, asserting that Applicant’s specimen does
not show the mark as actually used in commerce in connection with any of the
identified services.3
After the refusal was made final, Applicant appealed and requested
reconsideration.4 The Board suspended the appeal and the application was remanded
to the Examining Attorney.5 After the Examining Attorney denied the request for
reconsideration, the appeal resumed.6 Applicant and the Examining Attorney filed
briefs.7 We affirm the refusal.
2 Application Serial No. 98342035 was filed on January 4, 2024, under Section 1(a) of the
Trademark Act, 15 U.S.C. § 1051(a), claiming a date of first use and use in commerce of
January 9, 2020.
3 December 14, 2024 Final Office Action at 2.
Page references to the application file cite to the online database of the USPTO’s Trademark
Status & Document Retrieval (“TSDR”) system. All citations to documents contained in the
TSDR database are to the downloaded .pdf versions of the documents.
4 1 TTABVUE; February 19, 2025 Request for Reconsideration.
References to the briefs on appeal refer to TTABVUE, the Board’s online docketing system.
The number preceding “TTABVUE” corresponds to the docket entry number; the number(s)
following “TTABVUE” refer to the page number(s) of that particular docket entry.
5 2 TTABVUE.
6 4, 5 TTABVUE.
7 Applicant’s brief appears at 8 TTABVUE and the Examining Attorney’s brief appears at 10
TTABVUE.

Serial No. 98342035
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I. The Examining Attorney’s Request for Judicial Notice
The Examining Attorney has requested that we take judicial notice of the exhibits
attached to his brief: (1) dictionary definitions for the terms “publish” from (a) the
MERRIAM-WEBSTER DICTIONARY, and (b) the AMERICAN HERITAGE DICTIONARY; and (2)
an article from the ENCYCLOPEDIA BRITANNICA on the history of publishing.8 Because
both dictionary definitions and information from encyclopedias are subject matters of
which the Board regularly takes judicial notice, we grant this request. Univ. of Notre
Dame du Lac v. J. C. Gourmet Food Imps. Co., Inc., No. 91061847, 1982 TTAB LEXIS
146, at *7 (TTAB 1982) (Board may take judicial notice of dictionary definitions),
aff’d, 703 F.2d 1372 (Fed. Cir. 1983); Productos Lacteos Tocumbo S.A. de C.V. v.
Paleteria La Michoacana Inc., No. 92047438, 2011 TTAB LEXIS 164, at *43, 1934
n.61 (TTAB 2011) (Board may take judicial notice of information from encyclopedias).
II. Applicant’s Specimen
Applicant’s sole specimen, which consists of 12 pages, contains two main parts.
One part is a printout from its Wonderbly website (www.wonderbly.com) (excerpt
below):
8 10 TTABVUE 2-3, 9-48.

Serial No. 98342035
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9
and the other consists of printouts from Amazon.com (excerpt below):
9 January 4, 2024 Specimen at 1.

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10
As mentioned, the Examining Attorney refused to accept the specimen, asserting
that it does not show the involved mark as actually used in commerce in connection
with any of the identified services.11 Applicant and the Examining Attorney agree
that the sole issue on appeal is whether the specimen shows use of the I LOVE YOU
THIS MUCH mark with the identified services, namely, “Publication of books;
publication of personalized story books; book publishing.”12
10 January 4, 2024 Specimen at 5.
11 December 14, 2024 Final Action at 2.
12 8 TTABVUE 5; 10 TTABVUE 2, 3. The specimen refusal was explained in different ways
during examination but we focus on the arguments set forth in the briefs which, as set forth
above, agree as to the single issue on appeal.

Serial No. 98342035
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III. Analysis
The Trademark Act “provides for registration of a mark based on use of the mark
in commerce.” In re Siny Corp., 920 F.3d 1331, 1335 (Fed. Cir. 2019). Under Section
45 of the Trademark Act, 15 U.S.C. § 1127, a mark is used in commerce on services
“when it is used or displayed in the sale or advertising of services and the services
are rendered in commerce ….”
An application filed under Section 1(a) of the Trademark Act, 15 U.S.C. § 1051(a),
as the involved application here, must include a specimen showing the mark “as
actually used in commerce on or in connection with the … services identified.”
Trademark Rule 2.56(a), 37 C.F.R. § 2.56(a). The specimen must show a “direct
association between the mark and the services.” Trademark Rule 2.56(b)(2).
Essentially, the mark must be shown “in a manner that would be perceived by
potential purchasers as identifying the applicant’s services and indicating their
source.” In re DSM Pharms., Inc., No. 78373640, 2008 TTAB LEXIS 29, at *2 (TTAB
2008); see also In re JobDiva, Inc., 843 F.3d 936, 941 (Fed. Cir. 2016) (“To determine
whether a mark is used in connection with the services described in the registration,
a key consideration is the perception of the user.”). Specimens need not explicitly refer
to the services to establish the requisite direct association between the mark and the
services, but “there must be something which creates in the mind of the purchaser an
association between the mark and the service activity.” In re Weiss, No. 88621608,
2024 TTAB LEXIS 277, at *12-13 (TTAB 2024) (quoting In re Cardio Grp., LLC, No.
786840860, 2019 TTAB LEXIS 153, at *3 (TTAB 2019)).

Serial No. 98342035
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After consideration of the specimen, together with the evidence and arguments of
record, we find that Applicant’s specimen does not show use of the involved mark
with the identified services. The description accompanying the display of Applicant’s
I LOVE YOU THIS MUCH mark from its Wonderbly website states the following:
Create a book for up to four children, to show how
enormously you love them in every moment of every day. A
beautiful personalized picturebook to read together as a
family.13
As an initial matter, there is nothing in this description that suggests that Applicant
is offering “publication of books; publication of personalized story books; book
publishing” under the involved mark; the description accompanying the display of the
mark on Amazon.com is similar in that there is nothing on its face that suggests
Applicant is offering the identified services under the mark.
We agree with the Examining Attorney that this description suggests Applicant’s
services are more akin to “customized printings of a pre-published template book to
the order and specification of an individual customer.”14 Indeed, the text of the
specimen (shown in the red box for easy reference) clearly indicates that the
customized book is “[p]rinted and shipped in 48 hours:”15
13 January 4, 2024 Specimen at 1.
14 10 TTABVUE 3-4.
15 January 4, 2024 Specimen at 1.

Serial No. 98342035
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16
This is also consistent with Applicant’s specimen from Amazon.com, where the
text in the red box reads that “Our books are printed on thick, luxurious paper that’s
partly recycled … and built to last.”17
16 January 4, 2024 Specimen at 1 (emphasis added).
17 January 4, 2024 Specimen at 6.

Serial No. 98342035
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18
Nothing in the specimen suggests that the customized story books purchased by
the consumer are “published,” as defined within the dictionary definitions of record.
Although several definitions are of record, we begin with the one Applicant itself
relied on in its brief: “publishing” is “the business or profession of the commercial
production and issuance of literature, information, musical scores or sometimes
records or art.”19 In considering this definition, we take judicial notice of the definition
of “issuance,” which is defined as “the act of issuing, especially officially,”20 where
18 January 4, 2024 Specimen at 6 (emphasis added).
19 4 TTABVUE 9 (MERRIAM-WEBSTER DICTIONARY definition); 8 TTABVUE 7 (Applicant’s
brief).
20 THE MERRIAM-WEBSTER DICTIONARY, accessed on February 12, 2026.
https://www.merriam-webster.com/dictionary/issuance. Univ. of Notre Dame, 1982 TTAB
LEXIS 146, at *7.

Serial No. 98342035
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“issuing,” in this context, is defined as: (b) “to send out for sale or circulation.”21 As
the specimen makes clear, Applicant does not publish, or issue books for sale or
circulation, because the specific book ordered is not available to anyone but the
consumer who ordered it. The production of the book is not professional, but personal:
the book is not produced to be sold to others but because it was sold to one consumer
who designed its content within a template.
Applicant argues that its services meet this definition of “publishing:”
As shown by the submitted specimens of record, Applicant
provides a service that allows consumers to customize a
consumer chosen book template by editing the book text
and format. See the third specimen of use submitted with
the January 4, 2024 application (showing that consumers
can “edit book”, “edit format” of the book or “add other
extras” to the book). Once the consumer has submitted
their order for the customized book, Applicant processes
the consumer’s order by producing or printing the
consumer edited book and issuing or shipping a unique
piece of literature to the consumer. See the first specimen
of use submitted with the January 4, 2024 application
(showing that the books are “printed and shipped in 48
hours” to the consumer). Therefore, the specimens show
that Applicant publishes customized books because
Applicant produces and issues a story edited by a consumer
by processing the consumer’s edits and printing and
shipping the book to the consumer. Therefore, Applicant’s
activities in providing this service to its consumers meet
the definition of publishing added to the record by the
Examining Attorney.
With Applicant’s personalized publishing services, the
consumer becomes the author of the book by creating
a custom story with unique facts and personal details.
After the consumer submits its order for publication of a
21 THE MERRIAM-WEBSTER DICTIONARY, accessed on February 12, 2026.
https://www.merriam-webster.com/dictionary/issuing. Univ. of Notre Dame, 1982 TTAB
LEXIS 146, at *7.

Serial No. 98342035
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personalize book, Applicant then produces and issues or
publishes the personalized book for the author of the
customization.22
We disagree. An important point in Applicant’s argument is that “the consumer
becomes the author of the book.”23 Starting with this premise, Applicant’s argument
requires us to believe that the act of Applicant/publisher sending the customized book
back to the author/consumer constitutes the act of publishing. However, this is
inconsistent with the definitions of “issuing,” i.e., to send out for circulation, meaning
to others, not back to the author. This argument is also inconsistent with other
definitions of the term “publish,” meaning, for example, “to disseminate to the
public,”24 i.e., not back to the author. Evidence of record also shows that modern
publishing practice involves marketing a book to the public.25 Simply put, ordering a
customized storybook for oneself, which Applicant merely prints and ships to the
consumer (as denoted in its ordering details and discussed above), does not constitute
“publishing” or “publication” services.
It is true that Applicant’s specimen refers to publishing services, but these
services are clearly associated with the WONDERBLY and Design mark, not the
involved mark:
22 8 TTABVUE 7-8 (emphasis added).
23 8 TTABVUE 8.
24 10 TTABVUE 11, 16 (MERRIAM-WEBSTER DICTIONARY); 10 TTABVUE 20 (THE AMERICAN
HERITAGE DICTIONARY, definition 1(a)).
25 See generally 10 TTABVUE 29-31 (article from ENCYCLOPEDIA BRITANNICA).

Serial No. 98342035
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26
Because the portion of Applicant’s specimen in the red box is difficult to read, we set
it out here:
A lot happened over the next few years. We created over 70
new stories in 12 different languages, and published them
in 40 countries worldwide. We won Children’s Publisher of
the Year in 2021. And now we’re on a mission to bring the
amazing power of personalized stories to readers of all
ages.27
Applicant’s statement that it has “created over 70 new stories … and published them
in 40 countries,” which is positioned under the WONDERBLY and Design mark,
shows an association of the WONDERBLY and Design mark with such “publishing
services.”
While we agree with Applicant’s general statement of law that two marks, such
as a house mark and a service mark, can be used on the same page of a website and
26 January 4, 2024 Specimen at 6 (emphasis added).
27 January 4, 2024 Specimen at 6.

Serial No. 98342035
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identify the same services,28 such is not the case here. When the entire web page is
considered (see below), there is no association of the involved mark with publication
services. The involved mark appears in the upper right hand corner in in its own
segment, in relatively small font, visually separated from the description of
publishing services by various images and text (compare red arrow and red box):
29
When viewing this web page, potential purchasers would not perceive the involved
mark as identifying Applicant’s publishing services and indicating their source due
28 8 TTABVUE 14.
29 January 4, 2024 Specimen at 6 (emphasis added).

Serial No. 98342035
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to the intervening text and images. Rather, due to the prominence of the
WONDERBLY and Design mark, and its proximity to the description of publication
services, the WONDERBLY and Design mark would be perceived as associated with
such services. In re DSM Pharms., 2008 TTAB LEXIS 29, at *2; see also In re JobDiva,
843 F.3d at 941.
For the reasons discussed above, we find that the specimen fails to show a direct
association between the I LOVE YOU THIS MUCH mark and the identified services,
namely, “publication of books; publication of personalized story books; book
publishing,” as required by Trademark Rule 2.56(b)(2).
Decision
The refusal to register Applicant’s mark as shown in the involved application
(Serial No. 98342035) is affirmed.