PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER85653310
LAW OFFICE ASSIGNEDLAW OFFICE 109
MARK SECTION
MARK http://tess2.uspto.gov/ImageAgent/ImageAgentProxy?getImage=85653310
LITERAL ELEMENT NAUTILUS
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (009)(current)
INTERNATIONAL CLASS009
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, books, online media and mobile apps featuring science, philosophy and religion recorded on computer media; Interactive game programs; Interactive multimedia computer game program; Interactive video game programs; Video magazine recorded on electronic media featuring science, philosophy and religion
FILING BASISSection 1(a)
        FIRST USE ANYWHERE DATE At least as early as 06/15/2012
        FIRST USE IN COMMERCE DATE At least as early as 06/15/2012
GOODS AND/OR SERVICES SECTION (009)(proposed)
INTERNATIONAL CLASS009
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, books, online media and mobile apps featuring science, philosophy and religion recorded on computer media; 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
FINAL 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
FILING BASISSection 1(b)
GOODS AND/OR SERVICES SECTION (016)(current)
INTERNATIONAL CLASS016
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 religio; Syndicated magazine sections dealing with science, philosophy and religion
FILING BASISSection 1(a)
        FIRST USE ANYWHERE DATE At least as early as 06/15/2012
        FIRST USE IN COMMERCE DATE At least as early as 06/15/2012
GOODS AND/OR SERVICES SECTION (016)(proposed)
INTERNATIONAL CLASS016
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 religio; Magazines in the field of science, philosophy and religion; Syndicated magazine sections dealing with science, philosophy and religion
FINAL 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
FILING BASISSection 1(b)
GOODS AND/OR SERVICES SECTION (038)(current)
INTERNATIONAL CLASS038
DESCRIPTION
Broadcast of cable television programmes; Broadcasting of radio and television programmes; Broadcasting of television programmes; Broadcasting of video and audio programming over the Internet; Broadcasting of science, philosophy and religion programs; 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; Radio and television broadcasting services; Radio and television programme broadcasting; Radio broadcasting of information and other programs; Radio program broadcasting; Satellite television broadcasting; Satellite transmission services, television and radio broadcasting services; Simulcasting broadcast television over global communication networks, the Internet and wireless networks; Subscription television broadcasting; Television and radio broadcasting services; Television broadcasting; Television broadcasting information; Television programme broadcasting; Television programme broadcasting via cable; Television transmission services; Transmission of radio and television programmes by satellite
FILING BASISSection 1(a)
        FIRST USE ANYWHERE DATE At least as early as 06/15/2012
        FIRST USE IN COMMERCE DATE At least as early as 06/15/2012
GOODS AND/OR SERVICES SECTION (038)(proposed)
INTERNATIONAL CLASS038
TRACKED TEXT DESCRIPTION
Broadcast of cable television programmes; Broadcasting of radio and 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 of science, philosophy and religion programs; 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; Radio and television broadcasting services; Satellite transmission services; Radio and television programme broadcasting; Simulcasting broadcast television over global communication networks, the Internet and wireless networks; Radio broadcasting of information and other programs; Subscription television broadcasting; Radio program broadcasting; Television broadcasting; Television broadcasting information; Satellite transmission services, television and radio broadcasting services; Television programme broadcasting; Television programme broadcasting via cable; Television transmission services; Television and radio broadcasting services; Transmission of radio and television programmes by satellite
FINAL 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
FILING BASISSection 1(b)
GOODS AND/OR SERVICES SECTION (041)(current)
INTERNATIONAL CLASS041
DESCRIPTION
Academic enrichment programs in the field(s) of science, philosophy and religion; Creating and developing concepts for television programs; Direction of making radio or television programs; Distribution of radio programs for others; Distribution of television programming to cable television systems; Distribution of television programs for others; Editing of radio and 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 in the nature of on-going television programs in the field of children's entertainment; Entertainment services, namely, a multimedia program series featuring comedy, action and adventure distributed via various platforms across multiple forms of transmission media; Entertainment services, namely, an on-going series featuring science, philosophy and religion provided through magazines, books, online media, broadcast, cable and mobile app; Entertainment services, namely, live, televised and movie appearances by a professional entertainer; 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 food; 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 magazines, books, online media, broadcast, cable 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 magazines, books, online media, broadcast, cable 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 programmes; Production of radio and television programs; Production of radio or television programs; Production of radio programs; Production of television and radio programmes; Production of television programs; Production of visual effects for videos, DVDs, television and for internet web sites; Providing a website featuring non-downloadable publications in the nature of magazines, books, online media and mobile app 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, books, online media and mobile app in the field of science, philosophy and religio and also featuring non-downloadable software for computer devices; Providing a website featuring resources, namely, non-downloadable publications in the nature of magazines, books, online media and mobile app 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 information relating to distribution of television shows, motion picture film and radio shows; Provision of information relating to television, motion picture film, audio and radio production; 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, books, online media and mobile app; Publishing of books, magazines; Publishing of web magazines; Radio program syndication; Television program syndication; Television show production; Television, video and movie filming services
FILING BASISSection 1(a)
        FIRST USE ANYWHERE DATE At least as early as 02/15/2012
        FIRST USE IN COMMERCE DATE At least as early as 06/15/2012
GOODS AND/OR SERVICES SECTION (041)(proposed)
INTERNATIONAL CLASS041
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 radio or television programs; Direction of making television programs; Distribution of radio programs for others; Editing of television programmes; Distribution of television programming to cable television systems; Educational services, namely, conducting informal on-line programs in the fields of science, philosophy and religion, and printable materials distributed therewith; Distribution of television programs for others; Educational services, namely, conducting programs in the field of science, philosophy and religion; Editing of radio and television programmes; 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 in the nature of on-going television programs in the field of children's entertainment; Entertainment services, namely, providing on-going television programs in the field of science, philosophy and religion via a global computer network; Entertainment services, namely, a multimedia program series featuring comedy, action and adventure distributed via various platforms across multiple forms of transmission media; Entertainment services, namely, providing radio programs in the field of science, philosophy and religion via a global computer network; Entertainment services, namely, an on-going series featuring science, philosophy and religion provided through magazines, books, online media, broadcast, cable and mobile app; Entertainment services, namely, the provision of continuing programming featuring science, philosophy and religion delivered by cable, the Internet and mobile app; Entertainment services, namely, live, televised and movie appearances by a professional entertainer; 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 services, namely, providing an on-going radio program in the field of food; 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; Entertainment services, namely, the provision of continuing programming featuring science, philosophy and religion delivered by magazines, books, online media, broadcast, cable and mobile app; Production and distribution of television shows and movies; Production of cable television programs; Entertainment, namely, a continuing science, philosophy and religion show broadcast over magazines, books, online media, broadcast, cable and mobile app; 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; Production of radio and television programmes; 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; Production of television and radio programmes; Providing science educational mentoring services and programs; Provision of non-downloadable films and television programmes via a video-on-demand service; Production of visual effects for videos, DVDs, television and for internet web sites; Publication of books, magazines, almanacs and journals; Providing a website featuring non-downloadable publications in the nature of magazines, books, online media and mobile app in the field of science, philosophy and religion; Publication of books, of magazines, of journals, of newspapers, of periodicals, of catalogs, of brochures; Providing a website featuring resources, namely, a website featuring primarily non-downloadable publications in the nature of magazines, books, online media and mobile app in the field of science, philosophy and religio and also featuring non-downloadable software for computer devices; Publication of electronic magazines; Providing a website featuring resources, namely, non-downloadable publications in the nature of magazines, books, online media and mobile app in the field of science, philosophy and religion; 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; Provision of information relating to distribution of television shows, motion picture film and radio shows; Provision of information relating to television, motion picture film, audio and radio production; Publication of magazines, books, online media and mobile app; Radio program syndication; Television program syndication; Television, video and movie filming services
FINAL 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
FILING BASISSection 1(b)
NEW ATTORNEY SECTION
NAME Neil J. Rosini
FIRM NAME Franklin, Weinrib, Rudell & Vassallo P.C
INDIVIDUAL ATTORNEY
DOCKET/REFERENCE NUMBER 		6694/0000
STREET 488 Madison Ave. 18th Flr.
CITY New York
STATE New York
ZIP/POSTAL CODE 10022
COUNTRY United States
CORRESPONDENCE SECTION
ORIGINAL ADDRESS NAUTILUS VENTURES LLC
NAUTILUS VENTURES LLC
360 W 36TH ST APT 7S
NEW YORK
New York (NY)
US
10018-6496
NEW CORRESPONDENCE SECTION
NAME Neil J. Rosini
FIRM NAME Franklin, Weinrib, Rudell & Vassallo P.C
DOCKET/REFERENCE NUMBER 6694/0000
STREET 488 Madison Ave. 18th Flr.
CITY New York
STATE New York
ZIP/POSTAL CODE 10022
COUNTRY United States
SIGNATURE SECTION
DECLARATION SIGNATURE /Neil J. Rosini/
SIGNATORY'S NAME Neil J. Rosini
SIGNATORY'S POSITION Attorney of record, New York bar member
DATE SIGNED 11/13/2012
RESPONSE SIGNATURE /Neil J. Rosini/
SIGNATORY'S NAME Neil J. Rosini
SIGNATORY'S POSITION Attorney of record, New York bar member
DATE SIGNED 11/13/2012
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Nov 13 12:25:27 EST 2012
TEAS STAMP USPTO/ROA-XX.XX.XXX.XXX-2
0121113122527615561-85653
310-4907ad639528c4be32535
796c5f1d52f3-N/A-N/A-2012
1113114615399260


PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

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

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, books, online media and mobile apps featuring science, philosophy and religion recorded on computer media; 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(a), 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, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/15/2012 and first used in commerce at least as early as 06/15/2012 , and is now in use in such commerce.

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, books, online media and mobile apps featuring science, philosophy and religion recorded on computer media; 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

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
Deleted Filing Basis: 1(a)
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 religio; Syndicated magazine sections dealing with science, philosophy and religion
Original Filing Basis:
Filing Basis: Section 1(a), 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, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/15/2012 and first used in commerce at least as early as 06/15/2012 , and is now in use in such commerce.

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 religio; Magazines in the field of science, philosophy and religion; Syndicated magazine sections dealing with science, philosophy and religion

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
Deleted Filing Basis: 1(a)
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 radio and television programmes; Broadcasting of television programmes; Broadcasting of video and audio programming over the Internet; Broadcasting of science, philosophy and religion programs; 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; Radio and television broadcasting services; Radio and television programme broadcasting; Radio broadcasting of information and other programs; Radio program broadcasting; Satellite television broadcasting; Satellite transmission services, television and radio broadcasting services; Simulcasting broadcast television over global communication networks, the Internet and wireless networks; Subscription television broadcasting; Television and radio broadcasting services; Television broadcasting; Television broadcasting information; Television programme broadcasting; Television programme broadcasting via cable; Television transmission services; Transmission of radio and television programmes by satellite
Original Filing Basis:
Filing Basis: Section 1(a), 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, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/15/2012 and first used in commerce at least as early as 06/15/2012 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Broadcast of cable television programmes; Broadcasting of radio and 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 of science, philosophy and religion programs; 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; Radio and television broadcasting services; Satellite transmission services; Radio and television programme broadcasting; Simulcasting broadcast television over global communication networks, the Internet and wireless networks; Radio broadcasting of information and other programs; Subscription television broadcasting; Radio program broadcasting; Television broadcasting; Television broadcasting information; Satellite transmission services, television and radio broadcasting services; Television programme broadcasting; Television programme broadcasting via cable; Television transmission services; Television and radio broadcasting services; Transmission of radio and television programmes by satellite

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
Deleted Filing Basis: 1(a)
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 radio or television programs; Distribution of radio programs for others; Distribution of television programming to cable television systems; Distribution of television programs for others; Editing of radio and 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 in the nature of on-going television programs in the field of children's entertainment; Entertainment services, namely, a multimedia program series featuring comedy, action and adventure distributed via various platforms across multiple forms of transmission media; Entertainment services, namely, an on-going series featuring science, philosophy and religion provided through magazines, books, online media, broadcast, cable and mobile app; Entertainment services, namely, live, televised and movie appearances by a professional entertainer; 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 food; 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 magazines, books, online media, broadcast, cable 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 magazines, books, online media, broadcast, cable 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 programmes; Production of radio and television programs; Production of radio or television programs; Production of radio programs; Production of television and radio programmes; Production of television programs; Production of visual effects for videos, DVDs, television and for internet web sites; Providing a website featuring non-downloadable publications in the nature of magazines, books, online media and mobile app 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, books, online media and mobile app in the field of science, philosophy and religio and also featuring non-downloadable software for computer devices; Providing a website featuring resources, namely, non-downloadable publications in the nature of magazines, books, online media and mobile app 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 information relating to distribution of television shows, motion picture film and radio shows; Provision of information relating to television, motion picture film, audio and radio production; 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, books, online media and mobile app; Publishing of books, magazines; Publishing of web magazines; Radio program syndication; Television program syndication; Television show production; Television, video and movie filming services
Original Filing Basis:
Filing Basis: Section 1(a), 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, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/15/2012 and first used in commerce at least as early as 06/15/2012 , and is now in use in such commerce.

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 radio or television programs; Direction of making television programs; Distribution of radio programs for others; Editing of television programmes; Distribution of television programming to cable television systems; Educational services, namely, conducting informal on-line programs in the fields of science, philosophy and religion, and printable materials distributed therewith; Distribution of television programs for others; Educational services, namely, conducting programs in the field of science, philosophy and religion; Editing of radio and television programmes; 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 in the nature of on-going television programs in the field of children's entertainment; Entertainment services, namely, providing on-going television programs in the field of science, philosophy and religion via a global computer network; Entertainment services, namely, a multimedia program series featuring comedy, action and adventure distributed via various platforms across multiple forms of transmission media; Entertainment services, namely, providing radio programs in the field of science, philosophy and religion via a global computer network; Entertainment services, namely, an on-going series featuring science, philosophy and religion provided through magazines, books, online media, broadcast, cable and mobile app; Entertainment services, namely, the provision of continuing programming featuring science, philosophy and religion delivered by cable, the Internet and mobile app; Entertainment services, namely, live, televised and movie appearances by a professional entertainer; 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 services, namely, providing an on-going radio program in the field of food; 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; Entertainment services, namely, the provision of continuing programming featuring science, philosophy and religion delivered by magazines, books, online media, broadcast, cable and mobile app; Production and distribution of television shows and movies; Production of cable television programs; Entertainment, namely, a continuing science, philosophy and religion show broadcast over magazines, books, online media, broadcast, cable and mobile app; 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; Production of radio and television programmes; 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; Production of television and radio programmes; Providing science educational mentoring services and programs; Provision of non-downloadable films and television programmes via a video-on-demand service; Production of visual effects for videos, DVDs, television and for internet web sites; Publication of books, magazines, almanacs and journals; Providing a website featuring non-downloadable publications in the nature of magazines, books, online media and mobile app in the field of science, philosophy and religion; Publication of books, of magazines, of journals, of newspapers, of periodicals, of catalogs, of brochures; Providing a website featuring resources, namely, a website featuring primarily non-downloadable publications in the nature of magazines, books, online media and mobile app in the field of science, philosophy and religio and also featuring non-downloadable software for computer devices; Publication of electronic magazines; Providing a website featuring resources, namely, non-downloadable publications in the nature of magazines, books, online media and mobile app in the field of science, philosophy and religion; 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; Provision of information relating to distribution of television shows, motion picture film and radio shows; Provision of information relating to television, motion picture film, audio and radio production; Publication of magazines, books, online media and mobile app; Radio program syndication; Television program syndication; Television, video and movie filming services

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
Deleted Filing Basis: 1(a)
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.

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Proposed:
Neil J. Rosini of Franklin, Weinrib, Rudell & Vassallo P.C, having an address of
488 Madison Ave. 18th Flr. New York, New York 10022
United States
The attorney docket/reference number is 6694/0000 .


CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
NAUTILUS VENTURES LLC
NAUTILUS VENTURES LLC
360 W 36TH ST APT 7S
NEW YORK
New York (NY)
US
10018-6496

Proposed:
Neil J. Rosini of Franklin, Weinrib, Rudell & Vassallo P.C, having an address of
488 Madison Ave. 18th Flr. New York, New York 10022
United States
The docket/reference number is 6694/0000 .



SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services listed in the application as of the application filing date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 2.44. 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 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; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /Neil J. Rosini/      Date: 11/13/2012
Signatory's Name: Neil J. Rosini
Signatory's Position: Attorney of record, New York bar member

Response Signature
Signature: /Neil J. Rosini/     Date: 11/13/2012
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.

Mailing Address:    Neil J. Rosini
   Franklin, Weinrib, Rudell & Vassallo P.C
   488 Madison Ave. 18th Flr.
   New York, New York 10022
        
Serial Number: 85653310
Internet Transmission Date: Tue Nov 13 12:25:27 EST 2012
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2012111312252761
5561-85653310-4907ad639528c4be32535796c5
f1d52f3-N/A-N/A-20121113114615399260