Post Publication Amendment

PTO Form 1771 (Rev 9/2007)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1771 (Rev 9/2007)

OMB No. 0651-0050 (Exp. 07/31/2017)

Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment

To the Commissioner for Trademarks:

Application serial no. 85653310 NAUTILUS(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85653310) has been amended as follows:

EXPLANATION OF FILING
Per agreement with Ocean Exploration Trust, Applicant requests the explicit exclusion of certain goods/services from Applicant's application.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Downloadable films and television programs featuring science, philosophy and religion provided via a video-on-demand service; Downloadable motion pictures and television shows about science, philosophy and religion; Electronic publications, namely, magazines and books featuring science, philosophy and religion recorded on computer media; Downloadable mobile app containing information featuring science, philosophy and religion; Interactive game programs; Interactive multimedia computer game program; Interactive video game programs; Video magazine recorded on electronic media featuring science, philosophy and religion
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Downloadable films and television programs featuring science, philosophy and religion provided via a video-on-demand service; Downloadable motion pictures and television shows about science, philosophy and religion; Electronic publications, namely, magazines and books featuring science, philosophy and religion recorded on computer media; Downloadable mobile app containing information featuring science, philosophy and religion; Interactive game programs; Interactive multimedia computer game program; Interactive video game programs; Video magazine recorded on electronic media featuring science, philosophy and religion; Video magazine recorded on electronic media featuring science, philosophy and religion. [Specifically excluding goods in the fields of ocean and deep sea exploration, archeological oceanography and oceanography.]Class 009 for Downloadable films and television programs featuring science, philosophy and religion provided via a video-on-demand service; Downloadable motion pictures and television shows about science, philosophy and religion; Electronic publications, namely, magazines and books featuring science, philosophy and religion recorded on computer media; Downloadable mobile app containing information featuring science, philosophy and religion; Interactive game programs; Interactive multimedia computer game program; Interactive video game programs; Video magazine recorded on electronic media featuring science, philosophy and religion. [Specifically excluding goods in the fields of ocean and deep sea exploration, archeological oceanography and oceanography.]
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for General feature magazine in the field of science, philosophy and religion; General feature magazines; Magazine columns about science, philosophy and religion; Magazines featuring science, philosophy and religion; Magazines in the field of science, philosophy and religion; Syndicated magazine sections dealing with science, philosophy and religion
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: General feature magazine in the field of science, philosophy and religion; General feature magazines; Magazine columns about science, philosophy and religion; Magazines featuring science, philosophy and religion; Magazines in the field of science, philosophy and religion; Syndicated magazine sections dealing with science, philosophy and religion; Syndicated magazine sections dealing with science, philosophy and religion. [Specifically excluding goods in the fields of ocean and deep sea exploration, archeological oceanography and oceanography.]Class 016 for General feature magazine in the field of science, philosophy and religion; General feature magazines; Magazine columns about science, philosophy and religion; Magazines featuring science, philosophy and religion; Magazines in the field of science, philosophy and religion; Syndicated magazine sections dealing with science, philosophy and religion. [Specifically excluding goods in the fields of ocean and deep sea exploration, archeological oceanography and oceanography.]
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Broadcast of cable television programmes; Broadcasting of television programmes; Broadcasting of video and audio programming over the Internet; Broadcasting of science, philosophy and religion programs via television and over the Internet; Broadcasting programs via a global computer network; Broadcasting services and provision of telecommunication access to films and television programmes provided via a video-on-demand service; Cable television broadcasting; Cable television broadcasting services; Cable television transmission; Communications by television for meeting; Internet protocol television (IPTV) transmission services; Pay-per-view television transmission services; Satellite television broadcasting; Satellite transmission services; Simulcasting broadcast television over global communication networks, the Internet and wireless networks; Subscription television broadcasting; Television broadcasting; Television broadcasting information; Television programme broadcasting; Television programme broadcasting via cable; Television transmission services
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Broadcast of cable television programmes; Broadcasting of television programmes; Broadcasting of video and audio programming over the Internet; Broadcasting of science, philosophy and religion programs via television and over the Internet; Broadcasting programs via a global computer network; Broadcasting services and provision of telecommunication access to films and television programmes provided via a video-on-demand service; Cable television broadcasting; Cable television broadcasting services; Cable television transmission; Communications by television for meeting; Internet protocol television (IPTV) transmission services; Pay-per-view television transmission services; Satellite television broadcasting; Satellite transmission services; Simulcasting broadcast television over global communication networks, the Internet and wireless networks; Subscription television broadcasting; Television broadcasting; Television broadcasting information; Television programme broadcasting; Television programme broadcasting via cable; Television transmission services; Television transmission services. [Specifically excluding services in the fields of ocean and deep sea exploration, archeological oceanography and oceanography.]Class 038 for Broadcast of cable television programmes; Broadcasting of television programmes; Broadcasting of video and audio programming over the Internet; Broadcasting of science, philosophy and religion programs via television and over the Internet; Broadcasting programs via a global computer network; Broadcasting services and provision of telecommunication access to films and television programmes provided via a video-on-demand service; Cable television broadcasting; Cable television broadcasting services; Cable television transmission; Communications by television for meeting; Internet protocol television (IPTV) transmission services; Pay-per-view television transmission services; Satellite television broadcasting; Satellite transmission services; Simulcasting broadcast television over global communication networks, the Internet and wireless networks; Subscription television broadcasting; Television broadcasting; Television broadcasting information; Television programme broadcasting; Television programme broadcasting via cable; Television transmission services. [Specifically excluding services in the fields of ocean and deep sea exploration, archeological oceanography and oceanography.]
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Academic enrichment programs in the field(s) of science, philosophy and religion; Creating and developing concepts for television programs; Direction of making television programs; Editing of television programmes; Educational services, namely, conducting informal on-line programs in the fields of science, philosophy and religion, and printable materials distributed therewith; Educational services, namely, conducting programs in the field of science, philosophy and religion; Educational services, namely, developing, arranging, and conducting educational conferences and programs and providing courses of instruction in the field of science, philosophy and religion; Educational services, namely, providing a continuing prerecorded audio program in the field of science, philosophy and religion accessible over the internet; Entertainment in the nature of an on-going special variety, news, music or comedy show featuring science, philosophy and religion broadcast over television, satellite, audio, and video media; Entertainment in the nature of on-going television programs in the field of science, philosophy and religion; Entertainment in the nature of television news shows; Entertainment media production services for motion pictures, television and Internet; Entertainment services in the nature of an on-going reality based television program; Entertainment services in the nature of an ongoing IPTV (Internet Protocol Television), television programming segments in the field of positive psychology, personal relationships, the art and science of happiness; Entertainment services, namely, an on-going series featuring science, philosophy and religion provided through television and the Internet; Entertainment services, namely, production and distribution of ongoing television programs in the field of science, philosophy and religion; Entertainment services, namely, providing an on-going radio program in the field of science, philosophy and religion; Entertainment services, namely, providing on-going television programs in the field of science, philosophy and religion via a global computer network; Entertainment services, namely, providing radio programs in the field of science, philosophy and religion via a global computer network; Entertainment services, namely, the provision of continuing programming featuring science, philosophy and religion delivered by cable, the Internet and mobile app; Entertainment, namely, a continuing science, philosophy and religion show broadcast over television, satellite, audio, and video media; Entertainment, namely, a continuing science, philosophy and religion show broadcast over cable, the Internet and mobile app; Entertainment, namely, production of multimedia and video productions; Entertainment, namely, television news shows; Magazine publishing; Multimedia publishing of books, magazines, journals, software, games, music, and electronic publications; Production and distribution of television shows and movies; Production of cable television programs; Production of closed caption television programs; Production of DVDs, videotapes and television programs featuring science, philosophy and religion; Production of radio and television programs; Production of radio or television programs; Production of radio programs; Production of television programs; Providing a website featuring non-downloadable publications in the nature of magazines and books in the field of science, philosophy and religion; Providing a website featuring resources, namely, a website featuring primarily non-downloadable publications in the nature of magazines and books in the field of science, philosophy and religion and also featuring non-downloadable software for computer devices; Providing a website featuring resources, namely, non-downloadable publications in the nature of magazines and books in the field of science, philosophy and religion; Providing entertainment services in the nature of ongoing Internet Protocol Television (IPTV) television programming segments in the field of science, philosophy and religion; Providing on-line entertainment information, namely, information about television programming; Providing on-line magazines in the field of science, philosophy and religion; Providing on-line non-downloadable general feature magazines; Providing science educational mentoring services and programs; Provision of non-downloadable films and television programmes via a video-on-demand service; Publication of books, magazines, almanacs and journals; Publication of books, of magazines, of journals, of newspapers, of periodicals, of catalogs, of brochures; Publication of electronic magazines; Publication of magazines; Publication of texts, books, magazines and other printed matter; Publication of magazines and books; Publishing of books, magazines; Publishing of web magazines; Television show production
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Academic enrichment programs in the field(s) of science, philosophy and religion; Creating and developing concepts for television programs; Direction of making television programs; Editing of television programmes; Educational services, namely, conducting informal on-line programs in the fields of science, philosophy and religion, and printable materials distributed therewith; Educational services, namely, conducting programs in the field of science, philosophy and religion; Educational services, namely, developing, arranging, and conducting educational conferences and programs and providing courses of instruction in the field of science, philosophy and religion; Educational services, namely, providing a continuing prerecorded audio program in the field of science, philosophy and religion accessible over the internet; Entertainment in the nature of an on-going special variety, news, music or comedy show featuring science, philosophy and religion broadcast over television, satellite, audio, and video media; Entertainment in the nature of on-going television programs in the field of science, philosophy and religion; Entertainment in the nature of television news shows; Entertainment media production services for motion pictures, television and Internet; Entertainment services in the nature of an on-going reality based television program; Entertainment services in the nature of an ongoing IPTV (Internet Protocol Television), television programming segments in the field of positive psychology, personal relationships, the art and science of happiness; Entertainment services, namely, an on-going series featuring science, philosophy and religion provided through television and the Internet; Entertainment services, namely, production and distribution of ongoing television programs in the field of science, philosophy and religion; Entertainment services, namely, providing an on-going radio program in the field of science, philosophy and religion; Entertainment services, namely, providing on-going television programs in the field of science, philosophy and religion via a global computer network; Entertainment services, namely, providing radio programs in the field of science, philosophy and religion via a global computer network; Entertainment services, namely, the provision of continuing programming featuring science, philosophy and religion delivered by cable, the Internet and mobile app; Entertainment, namely, a continuing science, philosophy and religion show broadcast over television, satellite, audio, and video media; Entertainment, namely, a continuing science, philosophy and religion show broadcast over cable, the Internet and mobile app; Entertainment, namely, production of multimedia and video productions; Entertainment, namely, television news shows; Magazine publishing; Multimedia publishing of books, magazines, journals, software, games, music, and electronic publications; Production and distribution of television shows and movies; Production of cable television programs; Production of closed caption television programs; Production of DVDs, videotapes and television programs featuring science, philosophy and religion; Production of radio and television programs; Production of radio or television programs; Production of radio programs; Production of television programs; Providing a website featuring non-downloadable publications in the nature of magazines and books in the field of science, philosophy and religion; Providing a website featuring resources, namely, a website featuring primarily non-downloadable publications in the nature of magazines and books in the field of science, philosophy and religion and also featuring non-downloadable software for computer devices; Providing a website featuring resources, namely, non-downloadable publications in the nature of magazines and books in the field of science, philosophy and religion; Providing entertainment services in the nature of ongoing Internet Protocol Television (IPTV) television programming segments in the field of science, philosophy and religion; Providing on-line entertainment information, namely, information about television programming; Providing on-line magazines in the field of science, philosophy and religion; Providing on-line non-downloadable general feature magazines; Providing science educational mentoring services and programs; Provision of non-downloadable films and television programmes via a video-on-demand service; Publication of books, magazines, almanacs and journals; Publication of books, of magazines, of journals, of newspapers, of periodicals, of catalogs, of brochures; Publication of electronic magazines; Publication of magazines; Publication of texts, books, magazines and other printed matter; Publication of magazines and books; Publishing of books, magazines; Publishing of web magazines; Television show production; Television show production. [Specifically excluding services in the fields of ocean and deep sea exploration, archeological oceanography and oceanography.]Class 041 for Academic enrichment programs in the field(s) of science, philosophy and religion; Creating and developing concepts for television programs; Direction of making television programs; Editing of television programmes; Educational services, namely, conducting informal on-line programs in the fields of science, philosophy and religion, and printable materials distributed therewith; Educational services, namely, conducting programs in the field of science, philosophy and religion; Educational services, namely, developing, arranging, and conducting educational conferences and programs and providing courses of instruction in the field of science, philosophy and religion; Educational services, namely, providing a continuing prerecorded audio program in the field of science, philosophy and religion accessible over the internet; Entertainment in the nature of an on-going special variety, news, music or comedy show featuring science, philosophy and religion broadcast over television, satellite, audio, and video media; Entertainment in the nature of on-going television programs in the field of science, philosophy and religion; Entertainment in the nature of television news shows; Entertainment media production services for motion pictures, television and Internet; Entertainment services in the nature of an on-going reality based television program; Entertainment services in the nature of an ongoing IPTV (Internet Protocol Television), television programming segments in the field of positive psychology, personal relationships, the art and science of happiness; Entertainment services, namely, an on-going series featuring science, philosophy and religion provided through television and the Internet; Entertainment services, namely, production and distribution of ongoing television programs in the field of science, philosophy and religion; Entertainment services, namely, providing an on-going radio program in the field of science, philosophy and religion; Entertainment services, namely, providing on-going television programs in the field of science, philosophy and religion via a global computer network; Entertainment services, namely, providing radio programs in the field of science, philosophy and religion via a global computer network; Entertainment services, namely, the provision of continuing programming featuring science, philosophy and religion delivered by cable, the Internet and mobile app; Entertainment, namely, a continuing science, philosophy and religion show broadcast over television, satellite, audio, and video media; Entertainment, namely, a continuing science, philosophy and religion show broadcast over cable, the Internet and mobile app; Entertainment, namely, production of multimedia and video productions; Entertainment, namely, television news shows; Magazine publishing; Multimedia publishing of books, magazines, journals, software, games, music, and electronic publications; Production and distribution of television shows and movies; Production of cable television programs; Production of closed caption television programs; Production of DVDs, videotapes and television programs featuring science, philosophy and religion; Production of radio and television programs; Production of radio or television programs; Production of radio programs; Production of television programs; Providing a website featuring non-downloadable publications in the nature of magazines and books in the field of science, philosophy and religion; Providing a website featuring resources, namely, a website featuring primarily non-downloadable publications in the nature of magazines and books in the field of science, philosophy and religion and also featuring non-downloadable software for computer devices; Providing a website featuring resources, namely, non-downloadable publications in the nature of magazines and books in the field of science, philosophy and religion; Providing entertainment services in the nature of ongoing Internet Protocol Television (IPTV) television programming segments in the field of science, philosophy and religion; Providing on-line entertainment information, namely, information about television programming; Providing on-line magazines in the field of science, philosophy and religion; Providing on-line non-downloadable general feature magazines; Providing science educational mentoring services and programs; Provision of non-downloadable films and television programmes via a video-on-demand service; Publication of books, magazines, almanacs and journals; Publication of books, of magazines, of journals, of newspapers, of periodicals, of catalogs, of brochures; Publication of electronic magazines; Publication of magazines; Publication of texts, books, magazines and other printed matter; Publication of magazines and books; Publishing of books, magazines; Publishing of web magazines; Television show production. [Specifically excluding services in the fields of ocean and deep sea exploration, archeological oceanography and oceanography.]
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

SIGNATURE(S)

Signature: /Neil J. Rosini/     Date: 06/06/2013
Signatory's Name: Neil J. Rosini
Signatory's Position: Attorney of record, New York bar member

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 85653310
Internet Transmission Date: Thu Jun 06 18:10:59 EDT 2013
TEAS Stamp: USPTO/PPA-XX.XX.XXX.XXX-2013060618105951
2388-85653310-50013aeb5dfd4d6e490ced32b5
a79bb7a88207e58badbf39194e8362c2fa79067-
N/A-N/A-20130606175540372939