Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 09/30/2008)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 09/30/2008)

Trademark/Service Mark Application, Principal Register

Serial Number: 77008905

Filing Date: 09/27/2006

To the Commissioner for Trademarks:

MARK: CURB YOUR ENTHUSIASM (Standard Characters, see mark)
The literal element of the mark consists of CURB YOUR ENTHUSIASM. The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, Home Box Office, Inc., a corporation of Delaware, having an address of 1100 Avenue of the Americas, New York, New York, United States, 10036, requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended.

       International Class 009:  DVDs (date of first use: 01/13/2004); downloadable screensavers for use on personal computers; prerecorded video clips featuring content related to television series and promotional spots; video shorts featuring content related to television series and promotional spots; downloadable pre-recorded audio, video and graphics for use in handheld wireless devices and all featuring content from or relating to Applicant's comedic television series of the same name (date of first use: 12/00/2005)

Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, or the applicant's predecessor in interest used the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

In International Class 009, the mark was first used at least as early as 01/13/2004, and first used in commerce at least as early as 01/13/2004, and is now in use in such commerce. The applicant is submitting or will submit one specimen for each class showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) The specimens consist of screen-shots of Applicant's website showing use of the mark..
Specimen File1
Specimen File2
Specimen File3

The applicant hereby appoints Erin S. Hennessy and Paul A. Lee, Donna DeGrandi and Fabricio Vayra of Time Warner Inc., 14th Fl., One Time Warner Center, New York, New York, United States, 10019 to submit this application on behalf of the applicant.

Correspondence Information:	Erin S. Hennessy
	14th Fl.
	One Time Warner Center
	New York, New York 10019
	212-484-8140(phone)
	212-658-9262(fax)

A fee payment in the amount of $325 will be submitted with the application, representing payment for 1 class(es).

Declaration

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.


Signature: /Erin S. Hennessy/   Date Signed: 09/27/2006
Signatory's Name: Erin S. Hennessy
Signatory's Position: Vice President



RAM Sale Number: 594
RAM Accounting Date: 09/28/2006

Serial Number: 77008905
Internet Transmission Date: Wed Sep 27 17:23:08 EDT 2006
TEAS Stamp: USPTO/BAS-XX.XX.XXX.X-200609271723081877
04-77008905-35097e91b25a47e2b2688710692e
d4184-DA-594-20060927155033249599