Application

PTO- 1478

Approved for use through 10/31/2024. 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 10/31/2024. 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: 97350022

Filing Date: 04/06/2022

To the Commissioner for Trademarks:

MARK: THE ULTIMATUM (Standard Characters, see mark)
The literal element of the mark consists of THE ULTIMATUM. 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 041:  Entertainment services in the nature of a reality television series; providing online non-downloadable video clips and other multimedia digital content containing audio, video, artwork, and text from and related to a reality television series

In International Class 041, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 04/06/2022, and first used in commerce at least as early as 04/06/2022, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Screenshot of website showing the mark in use with the services.

Original PDF file:
SPE0-68184140170-20220406 155302060454_._the-ultima tum-specimen.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Webpage URL: http://www.netflix.com/title/81292203
Webpage Date of Access: 04/06/2022

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 084777, filed 11/04/2021.
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 owner's/holder's proposed attorney information: Jennifer D. Arkowitz. Other appointed attorneys are Darin L. Brown, Melissa Capotosto, 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 1315836.
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 $350 has been submitted with the application, representing payment for 1 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: 04/06/2022
Signatory's Name: Ali Buttars
Signatory's Position: Director, Trademarks & Brand Protection
Signatory's Phone Number: Not Provided
Signature method: Sent to third party for signature
Payment Sale Number: 97350022
Payment Accounting Date: 04/06/2022

Serial Number: 97350022
Internet Transmission Date: Wed Apr 06 17:13:08 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202204061713088
77066-97350022-820858f635a7f1ec03de79080
82f12f4b6996ab202e9886ef4e466a703761efc6
de-CC-13073185-20220406155302060454