TEAS RF New Application

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

Trademark/Service Mark Application, Principal Register

Serial Number: 86959878

Filing Date: 03/31/2016

To the Commissioner for Trademarks:

MARK: (Applicant supplied file APPLICANT-SUPPLIED FILE (SOUND/MOTION) )
The mark is a sound. The mark consists of a sound mark comprising two sixteenth note timpani strikes on D2 and D3, simultaneously which with are played three dotted half notes on D2, D4, and D5.
The applicant, Netflix, Inc., a corporation of Delaware, having an address of
      100 Winchester Circle
      Los Gatos, California 95032
      United States

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

       International Class 038:  Streaming of audiovisual and multimedia content via the internet; transmission and delivery of audiovisual and multimedia content via the internet; video-on-demand transmission services

In International Class 038, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 02/27/2015, and first used in commerce at least as early as 02/27/2015, and is now in use in such commerce. The applicant will submit one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) .WMV file showing how the sound mark is used in connection with the services..

Original File:
APPLICANT-SUPPLIED FILE (SOUND/MOTION)

       International Class 041:  Entertainment and educational services, namely, providing non-downloadable movies and television shows via a video-on-demand service, as well as information, reviews, and recommendations regarding movies and television shows; providing a website featuring non-downloadable television shows, movies, and multimedia entertainment content, as well as information, reviews, and recommendations regarding television shows, movies, and multimedia entertainment content

In International Class 041, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 02/27/2015, and first used in commerce at least as early as 02/27/2015, and is now in use in such commerce. The applicant will submit one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) .WMV file showing the mark as used in connection with the services..

Original File:
APPLICANT-SUPPLIED FILE (SOUND/MOTION)



Miscellaneous Statement
Attached is the musical notation of the sound mark.

Original PDF file:
MIS-6323611269-20160325145218369213_._NETFLIX_SOUND_NOTATION.pdf
Converted PDF file(s) (1 page)
Miscellaneous File1

The applicant's current Attorney Information:
      Darin L. Brown and Scott Havlick; Andrea L. Anderson; Ester Martín Maillaro; Andrew A. Roppel; Larry H. Tronco; Hope Hamilton; Jessie A. Neville; Tiffany Shimada; Kazuyo Morita; Matt Horlacher; Wendy J. Pifher; Amanda Swaim; Betsy Proffitt; Beth Cooperstein of Holland & Hart LLP
      Attn: Trademark Docketing
      P.O. Box 8749
      Denver, Colorado 80201
      United States
      3034732731(phone)
      3034732720(fax)
      docket@hollandhart.com (authorized)
The attorney docket/reference number is 80936.TBD.

The applicant's current Correspondence Information:

Darin L. Brown

Holland & Hart LLP

Attn: Trademark Docketing       P.O. Box 8749

Denver, Colorado 80201

3034732731(phone)

3034732720(fax)

docket@hollandhart.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or applicant's attorney at the e-mail address provided above. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in an additional processing fee of $50 per international class of goods/services.

A fee payment in the amount of $550 has been submitted with the application, representing payment for 2 class(es).

Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. § 1051(a), the applicant is the owner of the trademark/service mark sought to be registered; the applicant is using the mark in commerce on or in connection with the goods/services in the application; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed an application under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e), the applicant is entitled to use the mark in commerce; the applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the goods/services in the application. The signatory believes that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have 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 persons, to cause confusion or mistake, or to deceive. The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /darin l. brown/   Date: 03/31/2016
Signatory's Name: Darin L. Brown
Signatory's Position: Attorney for Applicant, New York bar member
RAM Sale Number: 86959878
RAM Accounting Date: 04/01/2016

Serial Number: 86959878
Internet Transmission Date: Thu Mar 31 15:39:18 EDT 2016
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2016033115391888
3990-86959878-5505a16324429d2c716bdc7ed8
c7f8ac51d6599b6414e063abd3da3929e2178fc-
CC-2272-20160331153448208909