Response to Office Action

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 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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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 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88236059 IMDB(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/88236059/large) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Please see arguments text attached in Evidence section.

EVIDENCE
Evidence in the nature of Remarks has been attached.
Original PDF file:
evi_38110134-20190612150256833795_._Remarks.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer software; Pre-recorded downloadable audio recordings featuring entertainment programming; pre-recorded video recordings featuring entertainment programming; pre-recorded downloadable audio and visual recordings featuring entertainment programming; audiovisual works, data files, and electronic works in the nature of downloadable audiovisual files, all of the aforementioned downloadable via the internet or other computer or communications network featuring entertainment programming; Computer application software for mobile devices for use in providing users with access to searchable databases; software for wireless content delivery; downloadable software featuring an entertainment database featuring information, news, reviews and user comments about television shows, motion picture films, celebrities, actors, and the entertainment industry for use on computers and mobile devices; software for accessing information on the Internet or other computer or communications network; software for formatting and converting content, text, visual works, audiovisual works, data, files and electronic works into a format compatible with portable electronic devices and computers; software enabling content, text, visual works, audiovisual works, data, files and electronic works to be downloaded to and accessed on a computer or other portable consumer electronic device; Computer application software for organizing, transmitting, manipulating, processing, streaming, playing and reviewing text, audio, video, images, and other multimedia content on digital electronic devices; computer application software that enables users to generate customized recommendations of videos, television programs, and motion pictures based on user preferences; computer application software for use in sharing, researching, commenting on, and rating videos, television programs, motion pictures, celebrities, and other information about the entertainment industry; Computer application software for use with mobile, portable and handheld devices that allow users to purchase movie tickets for movies, to view movie trailers, videos, movie reviews, to view and manipulate information about movies, show times, theater locations, and other entertainment events, and to share the foregoing information among other users; computer application software for accessing, searching, browsing, displaying, reporting, reading, recommending, sharing, posting in social media, organizing, tracking, and streaming entertainment events and information and news content related to the entertainment industry; Computer software for streaming, broadcasting, transmitting, distributing, reproducing, organizing and sharing music, audio, video, games, audiovisual, multimedia content and other data via a global communications network; Computer software for use in authoring, downloading, transmitting, receiving, editing, extracting, encoding, decoding, playing, viewing, storing and organizing text, data, images, audio and video files, and multimedia content; Computer software to enable users to view or listen to audio, video, text and multimedia content; Computer software for creating and providing user access to searchable databases of information and data; search engine software; computer software for facilitating payments and online transactions; computer software for use in disseminating advertising for others; Computer software for use in sharing information about products, services, and deals; computer software for electronic storage of data; computer software for image and speech recognition; computer software for home automation; computer software for purchasing, accessing and viewing movies, TV shows, videos, music, and multimedia content; internet browser software; downloadable music files; downloadable audiovisual and multimedia content featuring fiction and non-fiction stories on a variety of topics provided via a video-on-demand service; downloadable motion pictures and television shows featuring fiction and non-fiction stories on a variety of topics, and audio and video recordings featuring fiction and non-fiction stories on a variety of topics; downloadable audio files, multimedia files, text files, written documents, audio material, video material featuring fiction and non-fiction content on a variety of topics; Downloadable mobile applications to enable users access to music, audio, video, games, audiovisual, multimedia content and other data; digital media streaming devices; portable and handheld electronic devices for transmitting, storing, manipulating, recording, and reviewing text, images, audio, video and data, including via global computer networks, wireless networks, and electronic communications networks and electronic and mechanical parts and fittings thereof; computers, tablet computers, audio and video players, electronic personal organizers, personal digital assistants, and global positioning system devices and electronic and mechanical parts and fittings thereof; magnetically encoded gift cards; computer software for the collection, organizing, modifying, book marking, transmission, storage, and sharing of data and information; software for text, image and sound transmission and display; computer software for online shopping; handheld devices for controlling televisions, speakers, amplifiers, stereo systems, and entertainment systems; computer software for information management; database synchronization software; computer programs for accessing, browsing, and searching online databases; software for the synchronization of data between a remote station or device and a fixed or remote station or device; software for telecommunication and communication via local or global communications networks; software for access to communications networks including the Internet; media players, voice recording and voice recognition apparatus; televisions; television receivers; television monitors; stereo systems, home theater systems, and home entertainment systems; computer operating system software; computer software for configuring, operating and controlling mobile devices, wearable devices, mobile phones, computers, and computer peripherals, and audio and video players; computer software for creating searchable databases of information and data for peer-to-peer social networking databases; computer game software; downloadable electronic books, magazines, periodicals, newsletters, newspapers, journals and other publications; animated cartoons; user manuals in electronically readable, machine readable or computer readable form for use with, and sold as a unit with, the aforesaid goods
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: Computer software; Computer software, namely, downloadable computer software featuring an entertainment database for providing, purchasing, renting, and accessing downloadable and non-downloadable movies, TV shows, videos, and music; Pre-recorded downloadable audio recordings featuring entertainment programming; pre-recorded video recordings featuring entertainment programming; pre-recorded downloadable audio and visual recordings featuring entertainment programming; audiovisual works, data files, and electronic works in the nature of downloadable audiovisual files, all of the aforementioned downloadable via the internet or other computer or communications network featuring entertainment programming; Computer application software for mobile devices for use in providing users with access to searchable databases; software for wireless content delivery; downloadable software featuring an entertainment database featuring information, news, reviews and user comments about television shows, motion picture films, celebrities, actors, and the entertainment industry for use on computers and mobile devices; software for accessing information on the Internet or other computer or communications network; software for formatting and converting content, text, visual works, audiovisual works, data, files and electronic works into a format compatible with portable electronic devices and computers; software enabling content, text, visual works, audiovisual works, data, files and electronic works to be downloaded to and accessed on a computer or other portable consumer electronic device; Computer application software for organizing, transmitting, manipulating, processing, streaming, playing and reviewing text, audio, video, images, and other multimedia content on digital electronic devices; computer application software that enables users to generate customized recommendations of videos, television programs, and motion pictures based on user preferences; computer application software for use in sharing, researching, commenting on, and rating videos, television programs, motion pictures, celebrities, and other information about the entertainment industry; Computer application software for use with mobile, portable and handheld devices that allow users to purchase movie tickets for movies, to view movie trailers, videos, movie reviews, to view and manipulate information about movies, show times, theater locations, and other entertainment events, and to share the foregoing information among other users; computer application software for accessing, searching, browsing, displaying, reporting, reading, recommending, sharing, posting in social media, organizing, tracking, and streaming entertainment events and information and news content related to the entertainment industry; Computer software for streaming, broadcasting, transmitting, distributing, reproducing, organizing and sharing music, audio, video, games, audiovisual, multimedia content and other data via a global communications network; Computer software for use in authoring, downloading, transmitting, receiving, editing, extracting, encoding, decoding, playing, viewing, storing and organizing text, data, images, audio and video files, and multimedia content; Computer software to enable users to view or listen to audio, video, text and multimedia content; Computer software for creating and providing user access to searchable databases of information and data; search engine software; computer software for facilitating payments and online transactions; computer software for use in disseminating advertising for others; Computer software for use in sharing information about products, services, and deals; computer software for electronic storage of data; computer software for image and speech recognition; computer software for home automation; computer software for purchasing, accessing and viewing movies, TV shows, videos, music, and multimedia content; internet browser software; downloadable music files; downloadable audiovisual and multimedia content featuring fiction and non-fiction stories on a variety of topics provided via a video-on-demand service; downloadable motion pictures and television shows featuring fiction and non-fiction stories on a variety of topics, and audio and video recordings featuring fiction and non-fiction stories on a variety of topics; downloadable audio files, multimedia files, text files, written documents, audio material, video material featuring fiction and non-fiction content on a variety of topics; Downloadable mobile applications to enable users access to music, audio, video, games, audiovisual, multimedia content and other data; digital media streaming devices; portable and handheld electronic devices for transmitting, storing, manipulating, recording, and reviewing text, images, audio, video and data, including via global computer networks, wireless networks, and electronic communications networks and electronic and mechanical parts and fittings thereof; computers, tablet computers, audio and video players, electronic personal organizers, personal digital assistants, and global positioning system devices and electronic and mechanical parts and fittings thereof; magnetically encoded gift cards; computer software for the collection, organizing, modifying, book marking, transmission, storage, and sharing of data and information; software for text, image and sound transmission and display; computer software for online shopping; handheld devices for controlling televisions, speakers, amplifiers, stereo systems, and entertainment systems; handheld devices for controlling televisions, speakers, amplifiers, stereo systems, and home entertainment systems, namely, stereos, loudspeakers, audio speakers, amplifiers, equalizers, crossovers, speaker housings, CD players, remote controls, audio and video processors, audio video tuners, liquid crystal displays, plasma display panels with the capability to wirelessly transmit audio and/or video signals; computer software for information management; database synchronization software; computer programs for accessing, browsing, and searching online databases; software for the synchronization of data between a remote station or device and a fixed or remote station or device; software for telecommunication and communication via local or global communications networks; software for access to communications networks including the Internet; media players, voice recording and voice recognition apparatus; televisions; television receivers; television monitors; stereo systems, home theater systems, and home entertainment systems; stereo systems, home theater systems, and home entertainment systems comprised of stereos, loudspeakers, audio speakers, amplifiers, equalizers, crossovers, speaker housings, CD players, remote controls, audio and video processors, audio video tuners, liquid crystal displays, plasma display panels with the capability to wirelessly transmit audio and/or video signals; computer operating system software; computer software for configuring, operating and controlling mobile devices, wearable devices, mobile phones, computers, and computer peripherals, and audio and video players; computer software for creating searchable databases of information and data for peer-to-peer social networking databases; computer game software; downloadable electronic books, magazines, periodicals, newsletters, newspapers, journals and other publications; downloadable electronic books, magazines, periodicals, newsletters, newspapers, journals and other downloadable electronic publications in the nature of books, magazines, newspapers, periodicals, newsletters, journals and manuals on a variety of topics; animated cartoons; digital media, namely, pre-recorded video cassettes, digital video discs, digital versatile discs, downloadable audio and video recordings, DVDs, and high definition digital discs featuring animated cartoons; user manuals in electronically readable, machine readable or computer readable form for use with, and sold as a unit with, the aforesaid goods; user manuals in electronically readable, machine readable or computer readable form for use with, and sold as a unit with, the aforesaid goods.Class 009 for Computer software, namely, downloadable computer software featuring an entertainment database for providing, purchasing, renting, and accessing downloadable and non-downloadable movies, TV shows, videos, and music; Pre-recorded downloadable audio recordings featuring entertainment programming; pre-recorded video recordings featuring entertainment programming; pre-recorded downloadable audio and visual recordings featuring entertainment programming; audiovisual works, data files, and electronic works in the nature of downloadable audiovisual files, all of the aforementioned downloadable via the internet or other computer or communications network featuring entertainment programming; Computer application software for mobile devices for use in providing users with access to searchable databases; software for wireless content delivery; downloadable software featuring an entertainment database featuring information, news, reviews and user comments about television shows, motion picture films, celebrities, actors, and the entertainment industry for use on computers and mobile devices; software for accessing information on the Internet or other computer or communications network; software for formatting and converting content, text, visual works, audiovisual works, data, files and electronic works into a format compatible with portable electronic devices and computers; software enabling content, text, visual works, audiovisual works, data, files and electronic works to be downloaded to and accessed on a computer or other portable consumer electronic device; Computer application software for organizing, transmitting, manipulating, processing, streaming, playing and reviewing text, audio, video, images, and other multimedia content on digital electronic devices; computer application software that enables users to generate customized recommendations of videos, television programs, and motion pictures based on user preferences; computer application software for use in sharing, researching, commenting on, and rating videos, television programs, motion pictures, celebrities, and other information about the entertainment industry; Computer application software for use with mobile, portable and handheld devices that allow users to purchase movie tickets for movies, to view movie trailers, videos, movie reviews, to view and manipulate information about movies, show times, theater locations, and other entertainment events, and to share the foregoing information among other users; computer application software for accessing, searching, browsing, displaying, reporting, reading, recommending, sharing, posting in social media, organizing, tracking, and streaming entertainment events and information and news content related to the entertainment industry; Computer software for streaming, broadcasting, transmitting, distributing, reproducing, organizing and sharing music, audio, video, games, audiovisual, multimedia content and other data via a global communications network; Computer software for use in authoring, downloading, transmitting, receiving, editing, extracting, encoding, decoding, playing, viewing, storing and organizing text, data, images, audio and video files, and multimedia content; Computer software to enable users to view or listen to audio, video, text and multimedia content; Computer software for creating and providing user access to searchable databases of information and data; search engine software; computer software for facilitating payments and online transactions; computer software for use in disseminating advertising for others; Computer software for use in sharing information about products, services, and deals; computer software for electronic storage of data; computer software for image and speech recognition; computer software for home automation; computer software for purchasing, accessing and viewing movies, TV shows, videos, music, and multimedia content; internet browser software; downloadable music files; downloadable audiovisual and multimedia content featuring fiction and non-fiction stories on a variety of topics provided via a video-on-demand service; downloadable motion pictures and television shows featuring fiction and non-fiction stories on a variety of topics, and audio and video recordings featuring fiction and non-fiction stories on a variety of topics; downloadable audio files, multimedia files, text files, written documents, audio material, video material featuring fiction and non-fiction content on a variety of topics; Downloadable mobile applications to enable users access to music, audio, video, games, audiovisual, multimedia content and other data; digital media streaming devices; portable and handheld electronic devices for transmitting, storing, manipulating, recording, and reviewing text, images, audio, video and data, including via global computer networks, wireless networks, and electronic communications networks and electronic and mechanical parts and fittings thereof; computers, tablet computers, audio and video players, electronic personal organizers, personal digital assistants, and global positioning system devices and electronic and mechanical parts and fittings thereof; magnetically encoded gift cards; computer software for the collection, organizing, modifying, book marking, transmission, storage, and sharing of data and information; software for text, image and sound transmission and display; computer software for online shopping; handheld devices for controlling televisions, speakers, amplifiers, stereo systems, and home entertainment systems, namely, stereos, loudspeakers, audio speakers, amplifiers, equalizers, crossovers, speaker housings, CD players, remote controls, audio and video processors, audio video tuners, liquid crystal displays, plasma display panels with the capability to wirelessly transmit audio and/or video signals; computer software for information management; database synchronization software; computer programs for accessing, browsing, and searching online databases; software for the synchronization of data between a remote station or device and a fixed or remote station or device; software for telecommunication and communication via local or global communications networks; software for access to communications networks including the Internet; media players, voice recording and voice recognition apparatus; televisions; television receivers; television monitors; stereo systems, home theater systems, and home entertainment systems comprised of stereos, loudspeakers, audio speakers, amplifiers, equalizers, crossovers, speaker housings, CD players, remote controls, audio and video processors, audio video tuners, liquid crystal displays, plasma display panels with the capability to wirelessly transmit audio and/or video signals; computer operating system software; computer software for configuring, operating and controlling mobile devices, wearable devices, mobile phones, computers, and computer peripherals, and audio and video players; computer software for creating searchable databases of information and data for peer-to-peer social networking databases; computer game software; downloadable electronic books, magazines, periodicals, newsletters, newspapers, journals and other downloadable electronic publications in the nature of books, magazines, newspapers, periodicals, newsletters, journals and manuals on a variety of topics; digital media, namely, pre-recorded video cassettes, digital video discs, digital versatile discs, downloadable audio and video recordings, DVDs, and high definition digital discs featuring animated cartoons; user manuals in electronically readable, machine readable or computer readable form for use with, and sold as a unit with, the aforesaid goods.
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 035 for Advertising; business management; business administration; Providing an on-line commercial information directory; dissemination of advertising for others via an on-line electronic communications network; Providing a searchable on-line advertising guide featuring the goods and services of others; database management services; on-line ordering services featuring movies, motion pictures, documentaries, films, television programs, graphics, animation and multimedia presentations, videos and DVDs, and other audiovisual works; Providing online business directory information, namely, providing information regarding the location/addresses of movie theaters; computerized on-line searching and ordering service featuring movies, motion pictures, documentaries, films, television programs, graphics, animation and multimedia presentations, and other audiovisual works in the form of videocassettes, compact disks, DVDs, digital downloads and direct digital transmission; association services, namely, providing opportunities for exchange of information and conversation regarding a wide variety of topics by means of product reviews; directory services to help locate people, places, organizations, phone numbers, network home pages, and electronic mail addresses; Providing an online searchable database featuring employment and career opportunities and business, employment and professional information; providing an online searchable database featuring movie, motion picture and television talent casting employment opportunities and talent casting employment information; providing online computer databases and online searchable databases in the fields of business and professional networking; providing online career networking services and information in the fields of employment, recruitment, job resources, and job listings; providing networking opportunities for individuals seeking employment; on-line professional networking opportunities; Online retail store services featuring streamed and downloadable pre-recorded audio, video and audiovisual content; compiling of information into computer databases; comparison shopping services namely, promoting the goods and services of others; computerized database and file management; creating indexes of information, sites and other resources available on global computer networks and other electronic and communications networks for others; order fulfillment services namely, services relating to order processing; promoting the goods and services of others by providing, searching, browsing and retrieving information, sites, and other resources available on global computer networks and other electronic and communications networks for others
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: Advertising; business management; business administration; Providing an on-line commercial information directory; dissemination of advertising for others via an on-line electronic communications network; Providing a searchable on-line advertising guide featuring the goods and services of others; database management services; on-line ordering services featuring movies, motion pictures, documentaries, films, television programs, graphics, animation and multimedia presentations, videos and DVDs, and other audiovisual works; Providing online business directory information, namely, providing information regarding the location/addresses of movie theaters; computerized on-line searching and ordering service featuring movies, motion pictures, documentaries, films, television programs, graphics, animation and multimedia presentations, and other audiovisual works in the form of videocassettes, compact disks, DVDs, digital downloads and direct digital transmission; association services, namely, providing opportunities for exchange of information and conversation regarding a wide variety of topics by means of product reviews; directory services to help locate people, places, organizations, phone numbers, network home pages, and electronic mail addresses; Providing an online searchable database featuring employment and career opportunities and business, employment and professional information; providing an online searchable database featuring movie, motion picture and television talent casting employment opportunities and talent casting employment information; providing online computer databases and online searchable databases in the fields of business and professional networking; providing online career networking services and information in the fields of employment, recruitment, job resources, and job listings; providing networking opportunities for individuals seeking employment; on-line professional networking opportunities; Online retail store services featuring streamed and downloadable pre-recorded audio, video and audiovisual content; Online retail store services featuring streamed and downloadable pre-recorded audio, video and audiovisual content in the nature of downloadable audio works, visual works, audiovisual works, computer software and hardware, video games, consumer electronics, and electronic publications featuring books, magazines, newspapers, periodicals, newsletters, journals and manuals on a variety of topics; compiling of information into computer databases; comparison shopping services namely, promoting the goods and services of others; computerized database and file management; creating indexes of information, sites and other resources available on global computer networks and other electronic and communications networks for others; creating indexes of information, sites and other resources available on global computer networks and other electronic and communications networks into a database for others, order fulfillment services namely, services relating to order processing; order fulfillment services namely, services relating to order processing; promoting the goods and services of others; promoting the goods and services of others by providing, searching, browsing and retrieving information, sites, and other resources available on global computer networks and other electronic and communications networks for others; database management services.Class 035 for Advertising; business management; business administration; Providing an on-line commercial information directory; dissemination of advertising for others via an on-line electronic communications network; Providing a searchable on-line advertising guide featuring the goods and services of others; database management services; on-line ordering services featuring movies, motion pictures, documentaries, films, television programs, graphics, animation and multimedia presentations, videos and DVDs, and other audiovisual works; Providing online business directory information, namely, providing information regarding the location/addresses of movie theaters; computerized on-line searching and ordering service featuring movies, motion pictures, documentaries, films, television programs, graphics, animation and multimedia presentations, and other audiovisual works in the form of videocassettes, compact disks, DVDs, digital downloads and direct digital transmission; association services, namely, providing opportunities for exchange of information and conversation regarding a wide variety of topics by means of product reviews; directory services to help locate people, places, organizations, phone numbers, network home pages, and electronic mail addresses; Providing an online searchable database featuring employment and career opportunities and business, employment and professional information; providing an online searchable database featuring movie, motion picture and television talent casting employment opportunities and talent casting employment information; providing online computer databases and online searchable databases in the fields of business and professional networking; providing online career networking services and information in the fields of employment, recruitment, job resources, and job listings; providing networking opportunities for individuals seeking employment; on-line professional networking opportunities; Online retail store services featuring streamed and downloadable pre-recorded audio, video and audiovisual content in the nature of downloadable audio works, visual works, audiovisual works, computer software and hardware, video games, consumer electronics, and electronic publications featuring books, magazines, newspapers, periodicals, newsletters, journals and manuals on a variety of topics; compiling of information into computer databases; comparison shopping services namely, promoting the goods and services of others; computerized database and file management; creating indexes of information, sites and other resources available on global computer networks and other electronic and communications networks into a database for others, order fulfillment services namely, services relating to order processing; promoting the goods and services of others; database management services.
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 Telecommunications; Electronic communication services, namely, transmission of information by electronic communications networks; electronic transmission of data, audio, video, and audio/video files; wireless broadband communications services; broadcasting services; video communication services, namely, broadcasting, streaming, and transmitting videos, images, music audio, multimedia over the Internet or other communications network; data streaming; computer services, namely, providing multiple-user access to computer networks for the electronic transmission of various data, communications, documents and personal and professional information; providing access to an interactive computer database featuring automatically updating address book, personal planner, date reminder, travel planner, and alumni and professional group links, via a global computer network; providing a web site that gives computer users the ability to transmit, cache, receive, download, stream, broadcast, display, format, transfer and share content, text, visual works, audio works, audiovisual works, literary works, photos, videos, data, files, documents, images and other electronic works; providing an on-line link to current events and reference material relating to movies, motion pictures, documentaries, films, television programs, graphics, animation and multimedia presentations, videos and DVDs and other audiovisual works; provision of email newsletters and digital magazines; Video-on-demand transmission; Internet protocol television (IPTV) transmission services; electronic transmission of streamed and downloadable audio and video files via computer and other communications networks; electronic transmission and streaming of digital media content for others via global and local computer networks; telecommunication services, namely, transmission and streaming of voice, data, images, films, television programs, audio and audiovisual programs and other digital media content and information by means of telecommunications networks, wireless communication networks, and the internet; streaming of audio, video and audiovisual material on the Internet, communications networks and wireless telecommunications networks; streaming of data; streaming of music, films, movies, TV shows and games on the Internet; audio and video broadcasting services; broadcasting of cinematographic films and audiovisual programs; subscription-based audio and video broadcasting services over the Internet; broadcasting services and provision of telecommunication access to films, television programs, audio and audiovisual programs and other digital media content and information, provided via a video-on-demand service; Internet broadcasting services; telecommunication services, namely, transmission of webcasts; transmission of digital files; transmission of digital content by computer networks, the Internet, DSL, cable networks, digital download, digital streaming, video-on-demand, near-video-on-demand, TV, free-to-air TV, pay-per-view TV, satellite, cable, telephone or mobile telephone; electronic transmission of digital photo files among Internet users; providing access to online directories, databases, websites, blogs, music, video programs, and reference materials; transmission of news; providing telecommunication connectivity services for the transfer of images, messages, audio, visual, audiovisual and multimedia works among mobile phones, smartphones, portable electronic devices, portable digital devices, tablets, or computers; transmission of television and movie guides; communication between computers; provision of access time to multimedia materials on the Internet; provision of telecommunications connections to computer databases; transmission of data by audio-visual apparatus controlled by data processing apparatus or computers
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: Telecommunications; Telecommunications, namely, transmission of voice, audio, visual images and data by telecommunications networks, wireless communication networks, the internet, information services networks and data networks; Electronic communication services, namely, transmission of information by electronic communications networks; electronic transmission of data, audio, video, and audio/video files; wireless broadband communications services; broadcasting services; broadcasting services, namely, audio and video broadcasting services, broadcasting of cinematographic films and audiovisual programs, internet broadcasting; video communication services, namely, broadcasting, streaming, and transmitting videos, images, music audio, multimedia over the Internet or other communications network; data streaming; computer services, namely, providing multiple-user access to computer networks for the electronic transmission of various data, communications, documents and personal and professional information; providing access to an interactive computer database featuring automatically updating address book, personal planner, date reminder, travel planner, and alumni and professional group links, via a global computer network; providing a web site that gives computer users the ability to transmit, cache, receive, download, stream, broadcast, display, format, transfer and share content, text, visual works, audio works, audiovisual works, literary works, photos, videos, data, files, documents, images and other electronic works; provision of electronic access to email newsletters and digital magazines; providing an on-line link to current events and reference material relating to movies, motion pictures, documentaries, films, television programs, graphics, animation and multimedia presentations, videos and DVDs and other audiovisual works; Video-on-demand transmission; provision of email newsletters and digital magazines; Internet protocol television (IPTV) transmission services; electronic transmission of streamed and downloadable audio and video files via computer and other communications networks; electronic transmission and streaming of digital media content for others via global and local computer networks; telecommunication services, namely, transmission and streaming of voice, data, images, films, television programs, audio and audiovisual programs and other digital media content and information by means of telecommunications networks, wireless communication networks, and the internet; streaming of audio, video and audiovisual material on the Internet, communications networks and wireless telecommunications networks; streaming of data; streaming of music, films, movies, TV shows and games on the Internet; audio and video broadcasting services; broadcasting of cinematographic films and audiovisual programs; subscription-based audio and video broadcasting services over the Internet; broadcasting services and provision of telecommunication access to films, television programs, audio and audiovisual programs and other digital media content and information, provided via a video-on-demand service; Internet broadcasting services; telecommunication services, namely, transmission of webcasts; transmission of digital files; transmission of digital content by computer networks, the Internet, DSL, cable networks, digital download, digital streaming, video-on-demand, near-video-on-demand, TV, free-to-air TV, pay-per-view TV, satellite, cable, telephone or mobile telephone; electronic transmission of digital photo files among Internet users; providing access to online directories, databases, websites, blogs, music, video programs, and reference materials; transmission of news; providing telecommunication connectivity services for the transfer of images, messages, audio, visual, audiovisual and multimedia works among mobile phones, smartphones, portable electronic devices, portable digital devices, tablets, or computers; transmission of television and movie guides; communication between computer terminals; provision of access time to multimedia materials on the Internet; communication between computers; provision of telecommunications connections to computer databases; transmission of data by audio-visual apparatus controlled by data processing apparatus or computers; providing an online interactive electronic bulletin board in the field of entertainment and the entertainment industry.Class 038 for Telecommunications, namely, transmission of voice, audio, visual images and data by telecommunications networks, wireless communication networks, the internet, information services networks and data networks; Electronic communication services, namely, transmission of information by electronic communications networks; electronic transmission of data, audio, video, and audio/video files; wireless broadband communications services; broadcasting services, namely, audio and video broadcasting services, broadcasting of cinematographic films and audiovisual programs, internet broadcasting; video communication services, namely, broadcasting, streaming, and transmitting videos, images, music audio, multimedia over the Internet or other communications network; data streaming; computer services, namely, providing multiple-user access to computer networks for the electronic transmission of various data, communications, documents and personal and professional information; providing access to an interactive computer database featuring automatically updating address book, personal planner, date reminder, travel planner, and alumni and professional group links, via a global computer network; provision of electronic access to email newsletters and digital magazines; Video-on-demand transmission; Internet protocol television (IPTV) transmission services; electronic transmission of streamed and downloadable audio and video files via computer and other communications networks; electronic transmission and streaming of digital media content for others via global and local computer networks; telecommunication services, namely, transmission and streaming of voice, data, images, films, television programs, audio and audiovisual programs and other digital media content and information by means of telecommunications networks, wireless communication networks, and the internet; streaming of audio, video and audiovisual material on the Internet, communications networks and wireless telecommunications networks; streaming of data; streaming of music, films, movies, TV shows and games on the Internet; audio and video broadcasting services; broadcasting of cinematographic films and audiovisual programs; subscription-based audio and video broadcasting services over the Internet; broadcasting services and provision of telecommunication access to films, television programs, audio and audiovisual programs and other digital media content and information, provided via a video-on-demand service; Internet broadcasting services; telecommunication services, namely, transmission of webcasts; transmission of digital files; transmission of digital content by computer networks, the Internet, DSL, cable networks, digital download, digital streaming, video-on-demand, near-video-on-demand, TV, free-to-air TV, pay-per-view TV, satellite, cable, telephone or mobile telephone; electronic transmission of digital photo files among Internet users; providing access to online directories, databases, websites, blogs, music, video programs, and reference materials; transmission of news; providing telecommunication connectivity services for the transfer of images, messages, audio, visual, audiovisual and multimedia works among mobile phones, smartphones, portable electronic devices, portable digital devices, tablets, or computers; transmission of television and movie guides; communication between computer terminals; provision of access time to multimedia materials on the Internet; provision of telecommunications connections to computer databases; transmission of data by audio-visual apparatus controlled by data processing apparatus or computers; providing an online interactive electronic bulletin board in the field of entertainment and the entertainment industry.
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 Education; entertainment; sporting and cultural activities; Entertainment services in the nature of a program, featuring reviews, news, and information in the field of motion picture films, television programs, celebrities, entertainment industry and entertainment-related topics, namely, an ongoing program accessible by television, cable, the Internet and wireless communications networks; providing an online non-downloadable program featuring reviews, news, and information in the field of motion picture films, television programs, celebrities, entertainment industry and entertainment-related topics; providing information via a global computer network in the field of entertainment and entertainment-related topics; providing information on motion picture films, television programs, celebrities, entertainment industry and entertainment-related topics via social networks; television schedule information services; 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; arranging for ticket reservations for film screenings, festival events, shows and other entertainment events; online ticket agency services for film screenings, festival events, shows and other entertainment events; booking agency services for cinema tickets; booking of entertainment, booking seats for shows, booking agency services for cinemas, film festivals and events; film exhibition services; hosting and organizing awards relating to films; production of podcasts and vodcasts; providing on-line computer games and on-line interactive stories; publication of film reviews, reviews of entertainment products including television programs, radio programs, podcasts, vodcasts and computer games; quizzes and gaming services; providing a website featuring non-downloadable audio, video and audiovisual content in the nature of recordings featuring movies, TV shows, videos and music; entertainment services, namely, providing temporary use of non-downloadable online video; provision of non-downloadable videos featuring programs on a wide variety of entertainment topics via a video-on-demand service; provision of non-downloadable films, movies and television shows via a video-on-demand service; distribution and rental of entertainment content, namely, computerized on-line searching and ordering service featuring movies, motion pictures, documentaries, films, television programs, graphics, animation and multimedia presentations, and other audiovisual works in the form of digital downloads and direct digital transmission viewable over computer networks and global communication networks; film and video rental services; rental of audio-visual works, specifically, motion pictures, television programming, videos, music videos, and music; film, movie, TV show and video production and distribution; providing a searchable database featuring audio, video and audiovisual content through the Internet, telecommunications networks and wireless telecommunications networks in the field of movies, TV shows, videos and music; digital audio, video and multimedia publishing services; entertainment services, namely, providing non-downloadable prerecorded music and audio programs featuring fiction and non-fiction stories on a variety of topics, and information in the field of music, and commentary and articles about music, all on-line via a global computer network; entertainment services, namely, live visual and audio performances, musical, variety, news, dramatic and comedy shows; entertainment services, namely, providing a website featuring the ratings and reviews of television, movies, videos, music, screenplays, scripts, books and video game content; entertainment information; arranging of contests; sweepstake services; sweepstake services provided over a global computer network hosting online sweepstakes and contests for others; publishing of books, magazines, periodicals, literary works, visual works, audio works, and audiovisual works; presenting live musical concerts and performances; entertainment services, namely, profiling of musicians, artists and bands by providing non- downloadable video clips of musical performances over a global computer network; providing non-downloadable interactive resource for searching, selecting, managing, and viewing audiovisual content in the nature of recordings featuring movies, TV shows, videos and music; providing online newsletters in the field of television, movies, and videos via e-mail; providing online electronic publications, not downloadable; publication of texts, other than publicity texts; writing of texts, other than publicity texts; movie theatre presentations; arranging and conducting of concerts; entertainment, amusements; game services provided on-line from a computer network; production of television programs; rental of sound recordings; subtitling; television entertainment; organization of competitions; organization of exhibitions for cultural or educational purposes; videotape editing; videotaping; education information
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: Education; Education, namely, providing information, news, and commentary in the field of current events, entertainment, cultural events, sports, physical fitness, arts and literature, education, music and cinema, history; entertainment; entertainment, namely, continuing programs in the fields of comedy, drama, horror, reality programming, action, variety, adventure, sports, musicals, current events and entertainment news, documentary and animation accessible by means of television, satellite, audio, video, web-based applications, mobile phone applications, and computer networks; sporting and cultural activities; Entertainment services in the nature of a program, featuring reviews, news, and information in the field of motion picture films, television programs, celebrities, entertainment industry and entertainment-related topics, namely, an ongoing program accessible by television, cable, the Internet and wireless communications networks; Entertainment services in the nature of a video program, featuring reviews, news, and information in the field of motion picture films, television programs, celebrities, entertainment industry and entertainment-related topics, namely, an ongoing video program accessible by television, cable, the Internet and wireless communications networks; providing an online non-downloadable program featuring reviews, news, and information in the field of motion picture films, television programs, celebrities, entertainment industry and entertainment-related topics; providing an online non-downloadable video program featuring reviews, news, and information in the field of motion picture films, television programs, celebrities, entertainment industry and entertainment-related topics; providing information via a global computer network in the field of entertainment and entertainment-related topics; providing information on motion picture films, television programs, celebrities, entertainment industry and entertainment-related topics via social networks; television schedule information services; 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; arranging for ticket reservations for film screenings, festival events, shows and other entertainment events; online ticket agency services for film screenings, festival events, shows and other entertainment events; booking agency services for cinema tickets; booking of entertainment, booking seats for shows, booking agency services for cinemas, film festivals and events; film exhibition services for entertainment purposes; film exhibition services; hosting and organizing awards relating to films to demonstrate excellence in the field of entertainment; hosting and organizing awards relating to films; production of podcasts and vodcasts; providing on-line computer games and on-line interactive stories; publication of film reviews, reviews of entertainment products including television programs, radio programs, podcasts, vodcasts and computer games; entertainment services, namely, providing interactive educational and entertainment quizzes and games; quizzes and gaming services; providing a website featuring non-downloadable audio, video and audiovisual content in the nature of recordings featuring movies, TV shows, videos and music; provision of non-downloadable videos featuring programs on a wide variety of entertainment topics via a video-on-demand service; entertainment services, namely, providing temporary use of non-downloadable online video; provision of non-downloadable films, movies and television shows in the fields of comedy, drama, horror, reality programming, action, variety, adventure, sports, musicals, current events and entertainment news, documentary and animation via a video-on-demand service; distribution and rental of entertainment content, namely, computerized on-line searching and ordering service featuring movies, motion pictures, documentaries, films, television programs, graphics, animation and multimedia presentations, and other audiovisual works in the form of digital downloads and direct digital transmission viewable over computer networks and global communication networks; provision of non-downloadable films, movies and television shows via a video-on-demand service; film and video rental services; rental of audio-visual works, specifically, motion pictures, television programming, videos, music videos, and music; film, movie, TV show and video production and distribution; providing a searchable database featuring audio, video and audiovisual content through the Internet, telecommunications networks and wireless telecommunications networks in the field of movies, TV shows, videos and music; digital audio, video and multimedia publishing services; entertainment services, namely, providing non-downloadable prerecorded music and audio programs featuring fiction and non-fiction stories on a variety of topics, and information in the field of music, and commentary and articles about music, all on-line via a global computer network; entertainment services, namely, live visual and audio performances, musical, variety, news, dramatic and comedy shows; entertainment services, namely, providing a website featuring the ratings and reviews of television, movies, videos, music, screenplays, scripts, books and video game content; entertainment information; arranging of contests; sweepstake services; sweepstake services provided over a global computer network hosting online sweepstakes and contests for others; publishing of books, magazines, periodicals, literary works, visual works, audio works, and audiovisual works; presenting live musical concerts and performances; entertainment services, namely, profiling of musicians, artists and bands by providing non- downloadable video clips of musical performances over a global computer network; providing non-downloadable interactive resource for searching, selecting, managing, and viewing audiovisual content in the nature of recordings featuring movies, TV shows, videos and music; providing online newsletters in the field of television, movies, and videos via e-mail; providing online electronic publications, not downloadable; publication of texts, other than publicity texts; writing of texts, other than publicity texts; movie theatre presentations; arranging and conducting of concerts; entertainment, amusements, namely, interactive amusement arcades; virtual reality and video game services provided on-line from a computer network; entertainment, amusements; production of television programs; game services provided on-line from a computer network; rental of sound recordings; subtitling; television entertainment namely, production of motion pictures, television shows, multimedia entertainment content for viewing on television; organization of sports competitions; television entertainment; organization of exhibitions for cultural or educational purposes; organization of competitions; videotape editing; videotaping; education information, namely, providing information about education; providing an on-line link to current events and reference material relating to movies, motion pictures, documentaries, films, television programs, graphics, animation and multimedia presentations, videos and DVDs and other audiovisual works.; education informationClass 041 for Education, namely, providing information, news, and commentary in the field of current events, entertainment, cultural events, sports, physical fitness, arts and literature, education, music and cinema, history; entertainment, namely, continuing programs in the fields of comedy, drama, horror, reality programming, action, variety, adventure, sports, musicals, current events and entertainment news, documentary and animation accessible by means of television, satellite, audio, video, web-based applications, mobile phone applications, and computer networks; sporting and cultural activities; Entertainment services in the nature of a video program, featuring reviews, news, and information in the field of motion picture films, television programs, celebrities, entertainment industry and entertainment-related topics, namely, an ongoing video program accessible by television, cable, the Internet and wireless communications networks; providing an online non-downloadable video program featuring reviews, news, and information in the field of motion picture films, television programs, celebrities, entertainment industry and entertainment-related topics; providing information via a global computer network in the field of entertainment and entertainment-related topics; providing information on motion picture films, television programs, celebrities, entertainment industry and entertainment-related topics via social networks; television schedule information services; 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; 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; arranging for ticket reservations for film screenings, festival events, shows and other entertainment events; online ticket agency services for film screenings, festival events, shows and other entertainment events; booking agency services for cinema tickets; booking of entertainment, booking seats for shows, booking agency services for cinemas, film festivals and events; film exhibition services for entertainment purposes; hosting and organizing awards relating to films to demonstrate excellence in the field of entertainment; production of podcasts and vodcasts; providing on-line computer games and on-line interactive stories; publication of film reviews, reviews of entertainment products including television programs, radio programs, podcasts, vodcasts and computer games; entertainment services, namely, providing interactive educational and entertainment quizzes and games; providing a website featuring non-downloadable audio, video and audiovisual content in the nature of recordings featuring movies, TV shows, videos and music; provision of non-downloadable videos featuring programs on a wide variety of entertainment topics via a video-on-demand service; provision of non-downloadable films, movies and television shows in the fields of comedy, drama, horror, reality programming, action, variety, adventure, sports, musicals, current events and entertainment news, documentary and animation via a video-on-demand service; distribution and rental of entertainment content, namely, computerized on-line searching and ordering service featuring movies, motion pictures, documentaries, films, television programs, graphics, animation and multimedia presentations, and other audiovisual works in the form of digital downloads and direct digital transmission viewable over computer networks and global communication networks; film and video rental services; rental of audio-visual works, specifically, motion pictures, television programming, videos, music videos, and music; film, movie, TV show and video production and distribution; providing a searchable database featuring audio, video and audiovisual content through the Internet, telecommunications networks and wireless telecommunications networks in the field of movies, TV shows, videos and music; digital audio, video and multimedia publishing services; entertainment services, namely, providing non-downloadable prerecorded music and audio programs featuring fiction and non-fiction stories on a variety of topics, and information in the field of music, and commentary and articles about music, all on-line via a global computer network; entertainment services, namely, live visual and audio performances, musical, variety, news, dramatic and comedy shows; entertainment services, namely, providing a website featuring the ratings and reviews of television, movies, videos, music, screenplays, scripts, books and video game content; entertainment information; arranging of contests; sweepstake services; sweepstake services provided over a global computer network hosting online sweepstakes and contests for others; publishing of books, magazines, periodicals, literary works, visual works, audio works, and audiovisual works; presenting live musical concerts and performances; entertainment services, namely, profiling of musicians, artists and bands by providing non- downloadable video clips of musical performances over a global computer network; providing non-downloadable interactive resource for searching, selecting, managing, and viewing audiovisual content in the nature of recordings featuring movies, TV shows, videos and music; providing online newsletters in the field of television, movies, and videos via e-mail; providing online electronic publications, not downloadable; publication of texts, other than publicity texts; writing of texts, other than publicity texts; movie theatre presentations; arranging and conducting of concerts; entertainment, amusements, namely, interactive amusement arcades; virtual reality and video game services provided on-line from a computer network; production of television programs; rental of sound recordings; subtitling; television entertainment namely, production of motion pictures, television shows, multimedia entertainment content for viewing on television; organization of sports competitions; organization of exhibitions for cultural or educational purposes; videotape editing; videotaping; education information, namely, providing information about education; providing an on-line link to current events and reference material relating to movies, motion pictures, documentaries, films, television programs, graphics, animation and multimedia presentations, videos and DVDs and other audiovisual works.
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 042 for Industrial analysis and research services; design and development of computer hardware and software; Non-downloadable software for streaming audio and video content on mobile phones, tablets, personal computers, and televisions; cloud storage services, namely, providing electronic data storage accessible via the internet of electronic media, namely, audio and video content; providing use of on-line non-downloadable software for analyzing media data; hosting databases and on-line bulletin boards featuring general news and information regarding movies, motion pictures, documentaries, films, television programs, graphics, animation and multimedia presentations, videos and DVDs, and other audiovisual works; computer programming; database aggregation, integration and management services; providing on-line interactive computer software for managing, viewing and editing information such as event scheduling, address books, and other personal contact information; Non-downloadable computer software for organizing, transmitting, manipulating, processing, streaming, playing and reviewing text, audio, video, images, and other multimedia content on digital electronic device, computers, and televisions; providing use of non-downloadable computer software for generating customized recommendations of videos, television programs, and motion pictures based on user preferences; providing use of non-downloadable computer software for use in sharing, researching, commenting on, and rating videos, television programs, motion pictures, celebrities, and other information about the entertainment industry; providing use of non-downloadable computer software for use with mobile, portable and handheld devices that allow users to purchase movie tickets for movies, to view movie trailers, videos, movie reviews, to view and manipulate information about movies, show times, theater locations, and other entertainment events, and to share the foregoing information among other users; providing use of non-downloadable computer software for accessing, searching, browsing, displaying, reporting, reading, recommending, sharing, posting in social media, organizing, tracking, and streaming entertainment events and information and news content related to the entertainment industry; providing search engines for obtaining data about the entertainment industry via electronic communications networks; Computer services, namely, creating an on-line community for registered users to participate in discussions, share information and resources, and engage in social, business and community networking; providing a website featuring temporary use of non-downloadable software enabling users to search, locate and communicate with others via electronic communications networks to network and track online references to job opportunities and business topics; computer services in the nature of customized web pages featuring user-defined information, personal profiles, audio and images; cloud computing featuring software for use in database management; computer services, namely, an online interactive electronic bulletin board in the field of entertainment and the entertainment industry; computer services, namely, hosting an online database featuring a wide range of general interest information via the internet; computer services, namely, cloud hosting provider services; computer services, namely, creating computer network-based indexes of information, websites and resources; computer software development in the field of mobile applications; creating electronically stored web pages for on-line services and the Internet; developing and maintaining computer application software and embedded computer application software for handheld electronic devices in the nature of mobile phones, smart phones and tablet devices; developing computer programs for accessing, browsing and searching online databases; electronic data storage; electronic storage of audio files; electronic storage of images; electronic storage of videos; hosting a website for the electronic storage of data, audio files, images, and videos; hosting of digital content on global computer networks, wireless networks, and electronic communications networks; hosting of third party content, photos, videos, text, data, images, web sites and other electronic works; hosting an online service for analyzing personal preferences and generating recommendations; hosting a website that gives users the ability to review various print, photographic, graphic image, and audio and video content and utilize a custom template to provide input, likes, dislikes, edits, changes, modifications, opinions, suggestions, and comments and engage in social, business and community networking; providing temporary use of on-line non-downloadable software and applications for accessing streaming audio and video files, games, social networks, text files and multimedia files; providing temporary use of non-downloadable computer software for wireless content delivery; providing temporary use of non-downloadable computer software for streaming, broadcasting, transmitting, distributing, reproducing, organizing and sharing music, audio, video, games and other data; providing temporary use of non-downloadable computer software for purchasing, accessing and viewing movies, TV shows, videos, music, and multimedia content
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: Industrial analysis and research services; design and development of computer hardware and software; Non-downloadable software for streaming audio and video content on mobile phones, tablets, personal computers, and televisions; cloud storage services, namely, providing electronic data storage accessible via the internet of electronic media, namely, audio and video content; providing use of on-line non-downloadable software for analyzing media data; hosting databases and on-line bulletin boards featuring general news and information regarding movies, motion pictures, documentaries, films, television programs, graphics, animation and multimedia presentations, videos and DVDs, and other audiovisual works; computer programming; database aggregation, integration and management services; providing online non-downloadable computer software for database aggregation, and integration; providing on-line interactive computer software for managing, viewing and editing information such as event scheduling, address books, and other personal contact information; providing on-line non-downloadable interactive computer software for managing, viewing and editing information such as event scheduling, address books, and other personal contact information; Non-downloadable computer software for organizing, transmitting, manipulating, processing, streaming, playing and reviewing text, audio, video, images, and other multimedia content on digital electronic device, computers, and televisions; providing use of non-downloadable computer software for generating customized recommendations of videos, television programs, and motion pictures based on user preferences; providing use of non-downloadable computer software for use in sharing, researching, commenting on, and rating videos, television programs, motion pictures, celebrities, and other information about the entertainment industry; providing use of non-downloadable computer software for use with mobile, portable and handheld devices that allow users to purchase movie tickets for movies, to view movie trailers, videos, movie reviews, to view and manipulate information about movies, show times, theater locations, and other entertainment events, and to share the foregoing information among other users; providing use of non-downloadable computer software for accessing, searching, browsing, displaying, reporting, reading, recommending, sharing, posting in social media, organizing, tracking, and streaming entertainment events and information and news content related to the entertainment industry; providing search engines for obtaining data about the entertainment industry via electronic communications networks; Computer services, namely, creating an on-line community for registered users to participate in discussions, share information and resources, and engage in social, business and community networking; providing a website featuring temporary use of non-downloadable software enabling users to search, locate and communicate with others via electronic communications networks to network and track online references to job opportunities and business topics; computer services in the nature of customized web pages featuring user-defined information, personal profiles, audio and images; computer services in the nature of creating customized web pages featuring user-defined information, personal profiles, audio and images; cloud computing featuring software for use in database management; computer services, namely, an online interactive electronic bulletin board in the field of entertainment and the entertainment industry; computer services, namely, hosting an online database featuring a wide range of general interest information via the internet; computer services, namely, cloud hosting provider services; computer services, namely, creating computer network-based indexes of information, websites and resources; computer software development in the field of mobile applications; creating electronically stored web pages for on-line services and the Internet for others; creating electronically stored web pages for on-line services and the Internet; developing and maintaining computer application software and embedded computer application software for handheld electronic devices in the nature of mobile phones, smart phones and tablet devices; developing computer programs for accessing, browsing and searching online databases; electronic data storage; electronic storage of audio files; electronic storage of images; electronic storage of videos; hosting a website for the electronic storage of data, audio files, images, and videos; hosting of digital content on global computer networks, wireless networks, and electronic communications networks; hosting of third party content, photos, videos, text, data, images, web sites and other electronic works; hosting an online service for analyzing personal preferences and generating recommendations; hosting a website that gives users the ability to review various print, photographic, graphic image, and audio and video content and utilize a custom template to provide input, likes, dislikes, edits, changes, modifications, opinions, suggestions, and comments and engage in social, business and community networking; providing temporary use of on-line non-downloadable software and applications for accessing streaming audio and video files, games, social networks, text files and multimedia files; providing temporary use of non-downloadable computer software for wireless content delivery; providing temporary use of non-downloadable computer software for streaming, broadcasting, transmitting, distributing, reproducing, organizing and sharing music, audio, video, games and other data; providing temporary use of non-downloadable computer software for purchasing, accessing and viewing movies, TV shows, videos, music, and multimedia content; data retrieval services, namely, providing, searching, browsing and retrieving information, sites, and other resources available on global computer networks and other electronic and communications networks for others; providing a web site that gives computer users the ability to transmit, cache, receive, download, stream, broadcast, display, format, transfer and share content, text, visual works, audio works, audiovisual works, literary works, photos, videos, data, files, documents, images and other electronic works; providing temporary use of non-downloadable online video; hosting of digital content on the Internet; file sharing services, namely, providing a website featuring technology enabling users to upload and download electronic files.Class 042 for Industrial analysis and research services; design and development of computer hardware and software; Non-downloadable software for streaming audio and video content on mobile phones, tablets, personal computers, and televisions; cloud storage services, namely, providing electronic data storage accessible via the internet of electronic media, namely, audio and video content; providing use of on-line non-downloadable software for analyzing media data; hosting databases and on-line bulletin boards featuring general news and information regarding movies, motion pictures, documentaries, films, television programs, graphics, animation and multimedia presentations, videos and DVDs, and other audiovisual works; computer programming; providing online non-downloadable computer software for database aggregation, and integration; providing on-line non-downloadable interactive computer software for managing, viewing and editing information such as event scheduling, address books, and other personal contact information; Non-downloadable computer software for organizing, transmitting, manipulating, processing, streaming, playing and reviewing text, audio, video, images, and other multimedia content on digital electronic device, computers, and televisions; providing use of non-downloadable computer software for generating customized recommendations of videos, television programs, and motion pictures based on user preferences; providing use of non-downloadable computer software for use in sharing, researching, commenting on, and rating videos, television programs, motion pictures, celebrities, and other information about the entertainment industry; providing use of non-downloadable computer software for use with mobile, portable and handheld devices that allow users to purchase movie tickets for movies, to view movie trailers, videos, movie reviews, to view and manipulate information about movies, show times, theater locations, and other entertainment events, and to share the foregoing information among other users; providing use of non-downloadable computer software for accessing, searching, browsing, displaying, reporting, reading, recommending, sharing, posting in social media, organizing, tracking, and streaming entertainment events and information and news content related to the entertainment industry; providing search engines for obtaining data about the entertainment industry via electronic communications networks; Computer services, namely, creating an on-line community for registered users to participate in discussions, share information and resources, and engage in social, business and community networking; providing a website featuring temporary use of non-downloadable software enabling users to search, locate and communicate with others via electronic communications networks to network and track online references to job opportunities and business topics; computer services in the nature of creating customized web pages featuring user-defined information, personal profiles, audio and images; cloud computing featuring software for use in database management; computer services, namely, hosting an online database featuring a wide range of general interest information via the internet; computer services, namely, cloud hosting provider services; computer services, namely, creating computer network-based indexes of information, websites and resources; computer software development in the field of mobile applications; creating electronically stored web pages for on-line services and the Internet for others; developing and maintaining computer application software and embedded computer application software for handheld electronic devices in the nature of mobile phones, smart phones and tablet devices; developing computer programs for accessing, browsing and searching online databases; electronic data storage; electronic storage of audio files; electronic storage of images; electronic storage of videos; hosting a website for the electronic storage of data, audio files, images, and videos; hosting of digital content on global computer networks, wireless networks, and electronic communications networks; hosting of third party content, photos, videos, text, data, images, web sites and other electronic works; hosting an online service for analyzing personal preferences and generating recommendations; hosting a website that gives users the ability to review various print, photographic, graphic image, and audio and video content and utilize a custom template to provide input, likes, dislikes, edits, changes, modifications, opinions, suggestions, and comments and engage in social, business and community networking; providing temporary use of on-line non-downloadable software and applications for accessing streaming audio and video files, games, social networks, text files and multimedia files; providing temporary use of non-downloadable computer software for wireless content delivery; providing temporary use of non-downloadable computer software for streaming, broadcasting, transmitting, distributing, reproducing, organizing and sharing music, audio, video, games and other data; providing temporary use of non-downloadable computer software for purchasing, accessing and viewing movies, TV shows, videos, music, and multimedia content; data retrieval services, namely, providing, searching, browsing and retrieving information, sites, and other resources available on global computer networks and other electronic and communications networks for others; providing a web site that gives computer users the ability to transmit, cache, receive, download, stream, broadcast, display, format, transfer and share content, text, visual works, audio works, audiovisual works, literary works, photos, videos, data, files, documents, images and other electronic works; providing temporary use of non-downloadable online video; hosting of digital content on the Internet; file sharing services, namely, providing a website featuring technology enabling users to upload and download electronic files.
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 045 for Personal and social services rendered by others to meet the needs of individuals; Internet based social introduction and online social networking services; Online social networking services; online social networking services in the field of entertainment; social networking services in the field of entertainment provided via a website and communications networks; providing on-line computer databases and on-line searchable databases in the field of social networking; providing a social networking website for entertainment purposes; providing a searchable database featuring audio, video and audiovisual content available through the Internet, telecommunications networks and wireless telecommunications networks in the field of online social networking; hosting of digital content on the Internet; file sharing services, namely, providing a website featuring technology enabling users to upload and download electronic files
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: Personal and social services rendered by others to meet the needs of individuals; Personal and social services rendered by others to meet the needs of individuals, namely, online social networking and introduction services; Internet based social introduction and online social networking services; Online social networking services; online social networking services in the field of entertainment; social networking services in the field of entertainment provided via a website and communications networks; providing on-line computer databases and on-line searchable databases in the field of social networking; providing a social networking website for entertainment purposes; providing a searchable database featuring audio, video and audiovisual content available through the Internet, telecommunications networks and wireless telecommunications networks in the field of online social networking; providing a searchable database featuring audio, video and audiovisual content available through the Internet, telecommunications networks and wireless telecommunications networks in the field of online social networking.; hosting of digital content on the Internet; file sharing services, namely, providing a website featuring technology enabling users to upload and download electronic filesClass 045 for Personal and social services rendered by others to meet the needs of individuals, namely, online social networking and introduction services; Internet based social introduction and online social networking services; Online social networking services; online social networking services in the field of entertainment; social networking services in the field of entertainment provided via a website and communications networks; providing on-line computer databases and on-line searchable databases in the field of social networking; providing a social networking website for entertainment purposes; providing a searchable database featuring audio, video and audiovisual content available through the Internet, telecommunications networks and wireless telecommunications networks in the field of online social networking.
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)
Response Signature
Signature: /Phillip Rosenberg/     Date: 06/12/2019
Signatory's Name: Phillip Rosenberg
Signatory's Position: Attorney for Applicant, New York Bar Member

Signatory's Phone Number: 212.775.8700

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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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: 88236059
Internet Transmission Date: Wed Jun 12 15:53:48 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-201906121553487914
89-88236059-6209871289da170fa94968a9c149
485cf5d3c764b0c2fa50ebe7a7b06b34ca10e6-N
/A-N/A-20190612151742386053