Response to Office Action

PTO Form 1957 (Rev 9/2005)

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

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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. 86275018 IMDB (Stylized and/or with Design, see http://uspto.report/TM/86275018/mark.png) 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 041 for Entertainment services, namely, providing reviews, news and information in the field of motion picture films, television programs, celebrities, entertainment industry and entertainment-related topics; providing an online computer database featuring reviews, news, information and content in the field motion picture films, television programs, celebrities, entertainment industry and entertainment-related topics; movie schedule and location information services; television schedule information services; entertainment in the nature of conducting contests, competitions and games in the field of entertainment; entertainment services, namely, publishing journals and blogs featuring information and opinions in the field of entertainment; providing on-line newsletters featuring reviews, news and information in the field of motion picture films, television programs, celebrities, entertainment industry and entertainment-related topics; providing a website with information in the fields of motion pictures, television shows, celebrities, entertainment industry and entertainment-related topics; entertainment services in the nature of non-downloadable videos featuring information in the fields of motion pictures, television shows, celebrities, entertainment industry and entertainment-related topics; providing information in the field of movies, motion pictures, documentaries, films, television programs, graphics, animation and multimedia presentations, videos and dvds, other audiovisual works, celebrities and the entertainment industry; providing a website that displays movie rankings; providing a website featuring a ranking system measuring popularity of celebrities and identifying trends in public perception and awareness of movie personalities; providing a website featuring entertainment trivia; providing a web site featuring movie, motion picture and television casting and production information; Entertainment services, namely, providing a website featuring a ranking system measuring popularity of celebrities and identifying trends in public perception and awareness of movie personalities
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 01/31/2012 and first used in commerce at least as early as 01/31/2012 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Entertainment services, namely, providing reviews, news and information in the field of motion picture films, television programs, celebrities, entertainment industry and entertainment-related topics; providing an online computer database featuring reviews, news, information and content in the field motion picture films, television programs, celebrities, entertainment industry and entertainment-related topics; movie schedule and location information services; movie schedule information services; television schedule information services; entertainment in the nature of conducting contests, competitions and games in the field of entertainment; entertainment in the nature of conducting contests, competitions and online computer games in the field of entertainment; entertainment services, namely, publishing journals and blogs featuring information and opinions in the field of entertainment; providing on-line newsletters featuring reviews, news and information in the field of motion picture films, television programs, celebrities, entertainment industry and entertainment-related topics; providing a website with information in the fields of motion pictures, television shows, celebrities, entertainment industry and entertainment-related topics; entertainment services in the nature of non-downloadable videos featuring information in the fields of motion pictures, television shows, celebrities, entertainment industry and entertainment-related topics; providing information in the field of movies, motion pictures, documentaries, films, television programs, graphics, animation and multimedia presentations, videos and dvds, other audiovisual works, celebrities and the entertainment industry; providing a website that displays movie rankings; providing a website featuring a ranking system measuring popularity of celebrities and identifying trends in public perception and awareness of movie personalities; providing a website featuring entertainment trivia; providing a web site featuring movie, motion picture and television casting and production information; Entertainment services, namely, providing a website featuring a ranking system measuring popularity of celebrities and identifying trends in public perception and awareness of movie personalitiesClass 041 for Entertainment services, namely, providing reviews, news and information in the field of motion picture films, television programs, celebrities, entertainment industry and entertainment-related topics; providing an online computer database featuring reviews, news, information and content in the field motion picture films, television programs, celebrities, entertainment industry and entertainment-related topics; movie schedule information services; television schedule information services; entertainment in the nature of conducting contests, competitions and online computer games in the field of entertainment; entertainment services, namely, publishing journals and blogs featuring information and opinions in the field of entertainment; providing on-line newsletters featuring reviews, news and information in the field of motion picture films, television programs, celebrities, entertainment industry and entertainment-related topics; providing a website with information in the fields of motion pictures, television shows, celebrities, entertainment industry and entertainment-related topics; entertainment services in the nature of non-downloadable videos featuring information in the fields of motion pictures, television shows, celebrities, entertainment industry and entertainment-related topics; providing information in the field of movies, motion pictures, documentaries, films, television programs, graphics, animation and multimedia presentations, videos and dvds, other audiovisual works, celebrities and the entertainment industry; providing a website that displays movie rankings; providing a website featuring a ranking system measuring popularity of celebrities and identifying trends in public perception and awareness of movie personalities; providing a website featuring entertainment trivia; providing a web site featuring movie, motion picture and television casting and production information; Entertainment services, namely, providing a website featuring a ranking system measuring popularity of celebrities and identifying trends in public perception and awareness of movie personalities
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 01/31/2012 and first used in commerce at least as early as 01/31/2012 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 035 for Providing online business directory information, namely, providing information regarding the location/addresses of movie theaters
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 01/31/2012 and first used in commerce at least as early as 01/31/2012 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 035 . The specimen(s) submitted consists of screen shot from applicant's website .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

ADDITIONAL STATEMENTS
Claim of Active Prior Registration(s)
The applicant claims ownership of U.S. Registration Number(s) 2609882, 2612776, 2730592, and others.


FEE(S)
Fee(s) in the amount of $325 is being submitted.

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or amendment to allege use (AAU) unsigned, all statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application or AAU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. Section 1051(a) or AAU under 15 U.S.C. Section 1051(c), the signatory additionally believes that: the applicant is the owner of the trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce and has been using the mark in commerce as of the filing date of the application or AAU on or in connection with the goods/services in the application or AAU, and such use by the applicant's related company or licensee inures to the benefit of the applicant; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services in the application or AAU; and to the best of the signatory's knowledge and belief, no other person has the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. Section 1051(b), Section 1126(d), and/or Section 1126(e), the signatory additionally believes that: the applicant is entitled to use the mark in commerce; the applicant has a bona fide intention and has had a bona fide intention as of the application filing date to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the goods/services in the application; and to the best of the signatory's knowledge and belief, no other person has the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion or mistake, or to deceive.

Signature: /Keith Simanton/      Date: 02/25/2015
Signatory's Name: Keith Simanton
Signatory's Position: Vice President
Signatory's Phone Number: 206-266-4064


Response Signature
Signature: /Keith Simanton/     Date: 02/25/2015
Signatory's Name: Keith Simanton
Signatory's Position: VP, IMDb

Signatory's Phone Number: 206-266-1469

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the applicant or (2) a person(s) with legal authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
RAM Sale Number: 86275018
RAM Accounting Date: 02/26/2015
        
Serial Number: 86275018
Internet Transmission Date: Wed Feb 25 14:49:12 EST 2015
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201502251449128
14854-86275018-530baff675258198144a937e8
29bf5574ce6b9dd89d6b0906363ca453fa8aa68e
-DA-1003-20150224140542419019