Application

PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 90531902

Filing Date: 02/17/2021

To the Commissioner for Trademarks:

MARK: THE NIGHT SHIFT (Standard Characters, see mark)
The literal element of the mark consists of THE NIGHT SHIFT. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Netflix Studios, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      5808 W. Sunset Blvd.
      Los Angeles, California 90028
      United States
      XXXX

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

International Class 016:  Calendars; greeting cards; posters; stationery; blank journal books; folders; paper; postcards; stickers; bumper stickers; decals; advent calendars; art prints; crayons; markers; pencils; pencil erasers; pencil sharpeners; pen and pencil cases and boxes; chalk; colored pencils; pens; gift wrapping paper; gift bags; paper party decorations; printed invitations; collectible trading cards; temporary tattoo transfers; paper napkins; party goodie bags of paper or plastic; notebooks; notepads; composition books; craft paper; paperweights; paper lunch bags; bookmarks; loose leaf binders; diaries; daily planners; scrapbook albums; sticker books; rubber stamps; arts and crafts paint kits; arts and crafts clay kits; arts and crafts paper kits; stencils; plastic shopping bags; flashcards; series of fiction books; novels; coffee table books related to characters from audiovisual entertainment; graphic novels; comic books; decals and stickers for use as home décor.
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on Jamaica application number 081239, filed 08/19/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 041:  Entertainment services in the nature of production and distribution of multimedia entertainment content; entertainment services in the nature of a television series; provision of entertainment information via a website; providing online non-downloadable video clips and other multimedia digital content containing audio, video, artwork, and text from or related to audiovisual entertainment; providing online computer, electronic and video games; providing temporary use of non-downloadable interactive games; entertainment services in the nature of conducting exhibitions and conventions concerning characters from audiovisual entertainment; amusement park services; fan club services; providing online non-downloadable comic books and graphic novels; interactive entertainment; online interactive entertainment; conducting entertainment events and activities; interactive audience participation events and recreational activities.
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on Jamaica application number 081239, filed 08/19/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.




The owner's/holder's proposed attorney information: Jennifer D. Arkowitz. Other appointed attorneys are Melissa Capotosto, Darin L. Brown, Jenny Goak, Betsy Bengtson. Jennifer D. Arkowitz of KILPATRICK TOWNSEND & STOCKTON LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Two Embarcadero Center, Suite 1900
      San Francisco, California 94111
      United States
      415-576-0200(phone)
      4155760300(fax)
      jarkowitz@kilpatricktownsend.com
The docket/reference number is 1239068.
Jennifer D. Arkowitz submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

The applicant's current Correspondence Information:

Jennifer D. Arkowitz

PRIMARY EMAIL FOR CORRESPONDENCE: jarkowitz@kilpatricktownsend.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tmadmin@kilpatricktownsend.com; dlbrown@kilpatricktownsend.com; netflixpros@kilpatricktownsend.com Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $700 has been submitted with the application, representing payment for 2 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce and was in use in commerce as of the filing date of the application on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application and was used on or in connection with the goods/services in the application as of the application filing date; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Ali Buttars/   Date: 02/17/2021
Signatory's Name: Ali Buttars
Signatory's Position: Director, Trademarks
Signatory's Phone Number: Not Provided
Signature method: Sent to third party for signature
Payment Sale Number: 90531902
Payment Accounting Date: 02/17/2021

Serial Number: 90531902
Internet Transmission Date: Wed Feb 17 12:25:56 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202102171225569
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db9f35417404450c8b82fb8f9720c3b3e72a6cf-
CC-25554079-20210216142000243601