Monday, April 4, 2016

NBCUniversal Files Trademark Application for SONGLAND

The network that broadcasts the popular singing competition The Voice recently filed a federal trademark application for what might be another music-related show. On March 30th, NBCUniversal Media, LLC filed a federal trademark application for SONGLAND.
The services listed on the application are in Class 041 for "[e]ntertainment services in the nature of a television series featuring music, artists and entertainment." NBCUniversal filed the trademark application on an intent-to-use basis, so a specimen showing use of the mark in commerce was not submitted with the application.

Does this mean NBC will be airing a show called SONGLAND? Maybe. Filing an intent-to-use application requires a "bone fide" intention to use the mark in commerce. This means something more than a mere idea to use the mark exists. It could be the development of marketing plans, a script, signing contracts with talent, etc. However, despite the filing, NBCUniversal is not required to use the mark in the future. Thus, while an intent-to-use trademark applications seems to indicate the applicant will be using the trademark at some point, it does not guarantee such use.

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