CBS Files Trademark Application for $1

No, I'm not talking about the filing fee to the U.S. Patent and Trademark Office (that was $275 per application). I'm talking about the actual mark CBS wants to register.

On October 11th, CBS Studios, Inc. filed two federal trademarks application for "$1" in standard characters (meaning the registration sought covers only the text, not a specific stylized version - see TMEP 807.03).

One application covers "Digital media, namely, pre-recorded digital video discs, digital versatile discs, DVDs, downloadable audio and video recordings, and high definition digital discs featuring drama; Downloadable television programs featuring drama provided via a video-on-demand services" in Class 9.

The other application covers, in Class 41:

Entertainment services in the nature of a television and multimedia series featuring drama distributed via various platforms across multiple forms of transmission media; Providing non-downloadable entertainment television programs featuring drama via a video-on-demand services; providing information in the field of entertainment via the Internet and portable and wireless communication devices

A TV show called $1? Maybe. CBS filed this application on an intent-to-use basis, suggesting it is not currently using this trademark in commerce in conjunction with the listed goods and services, but has a bona fide intention to do so in the near future. TMEP 806.01(b); 15 USC 1051(b). Although this is not a guarantee CBS will release a television series titled $1, it is supposed to be a guarantee that something is in the work for such a show.

According to my quick search, these are the first trademark applications for "$1" filed by CBS. CBS Studios currently owns 374 other live trademark applications or registrations with the USPTO.

NBC Files Trademark Application for Potential New Reality Competition Show

A new reality competition show titled MAGIC HOUR may be in the works over at NBC, according to a recent trademark application. On March 6th, NBCUniversal Media, LLC filed a federal trademark application for MAGIC HOUR with the U.S. Patent and Trademark Office.

The application covers "[e]ntertainment services, namely, television programming in the nature of a reality competition television series" in Class 41.  NBC filed the application on an intent to use basis, suggesting it is not currently using this trademark in commerce but has a bona fide intention to do so in the near future. In other words, simply filing an intent to use trademark application does not necessarily mean NBC will come out with a show called MAGIC HOUR, but is supposed to mean there is something currently in the works related to this potential show (business and marketing plans, scripts, contracts with talent, etc. - something more than just an idea in someone's head).

Filing trademark applications for potential television show names is not uncommon. As I've blogged about before, networks like The Cooking Channel, Twentieth Century Fox, and some production companies have all filed similar applications in the past.

Is MAGIC HOUR a talent show, competition for magicians, or something else? We can't be sure until (and if) NBC gives this show the green light.

Are These Trademark Applications for BravoTV's New Logo?

The tweaks are minor (maybe to tack onto prior use? - ed.), but recent applications filed at the U.S. Patent and Trademark Office (USPTO) hint at possible changes to BravoTV's logo.  On November 2nd, Bravo Media, LLC filed two federal trademark applications for the logo seen below.

One application covered a variety of services related to television broadcasting in Class 38 while the other covered a variety of services related to television programming and production of motion pictures and television shows in Class 41.  Bravo filed both applications on an intent-to-use basis, suggesting the network is not using the logo in commerce yet but has a bona fide intention to do so in the near future.

Might these applications be for a replacement of Bravo's current logo, see above, which registered as a federal trademark in 2006?  Note that the new trademark applications are for a logo with a more square conversation box, smaller, more rounded font, and the tip of the conversation box is now at the far left.

According to my quick research and as of the date of this post, the applications filed with the USPTO on November 2nd are the only applications or registrations related to Bravo's logo since Bravo filed the current logo's application in 2005.

How I Met Your Father? Fox Files Trademarks For Potential Spinoff Show

If recent federal trademark filings are any indication, Twentieth Century Fox Film Corporation may be planning a spinoff of the popular How I Met Your Mother show. On June 9th, the company filed two federal trademark applications for HOW I MET YOUR FATHER.

Fox filed these applications in Class 041 for "[e]ntertainment services in the nature of a television series featuring comedy" and a variety of related services, and in Class 009 for "[p]re-recorded DVDs featuring comedy" and a variety of related goods. Fox owns a registration for HOW I MET YOUR MOTHER in Class 041 for identical entertainment services in the nature of a television series featuring comedy. Both applications were filed on an intent-to-use basis.

According to Deadline.com, a pilot for this show (then called How I Met Your Dad) was presented to CBS in the first half of 2014, but the network passed on picking it up. Interestingly, Deadline also reported at that time that CBS and Twentieth Century Fox were in talks regarding the show. Given these recent trademark filings, it appears the show might have new life with Fox.

Production Company Behind Ancient Aliens Files Trademark for Possible New Show

Prometheus Entertainment, Inc., the LA-based production company behind America's Book of Secrets, Ancient Aliens, and In Search of Aliens, continued its tradition of conspiracy themed television shows (with a focus on aliens in particular) with a recent federal trademark filing. On December 30th, the production company filed a federal trademark application for ALIEN QUEST.

The intent-to-use application listed the following related services on the application: "Entertainment services, namely, an ongoing series featuring non-fiction documentary subject matter regarding historical landmarks, cultures, artifacts and phenomena and possible connections to the influence of visits to Earth by extraterrestrial life forms, and connections between such visits to unsolved mysteries provided through broadcast television, cable television, satellite television and online networks[.]" 

This application suggests that the production company is working on another television show called "Alien Quest" that focuses on alien visits to Earth. Previously, the company has worked with the History Channel, E!, A&E, and the Travel Channel, among others, and one of these channels may be the home of this new show within the next couple years.

New Shows Coming From The Cooking Channel?

On August 11th, the Cooking Channel, LLC filed seven federal trademark applications for what appears to be a potential line of new shows. All the applications list services related to a continuing program about food and cooking.

The trademark applications (and possible shows) filed by the Cooking Channel are:

• Big Bad BBQ Battle;
• Big Bad BBQ Brawl (apparently they haven't decided which name to use yet);
• Star Plates;
• Cake Hunters;
• Family Meals;
• Caked; and
• Sugar Showdown.

The Cooking Channel filed all of these applications on an intent-to-use basis, which means they are not using the trademarks in commerce yet but plan to do so soon. Expect to see one or more of these shows on the air within the next year.

HBO Files Trademarks for Look and Sound of its Iconic Opening and Closing Clips

On August 10th, Home Box Office, Inc. filed federal trademark applications to protect the look and sound of its opening and closing clips. Any fan of [insert your favorite HBO show] can recite the iconic static sounds and chords of HBO's opening and closing credits (for those who don't watch HBO, listen here). The trademarks HBO filed are for HBO ENTERTAINMENT (the opening clip) and THIS HAS BEEN A PRESENTATION OF HOME BOX OFFICE (the closing clip).

HBO filed two trademarks for both HBO ENTERTAINMENT and THIS HAS BEEN A PRESENTATION OF HOME BOX OFFICE. Both applications are related to HBO's entertainment services in the nature of ongoing television programs, but HBO filed two applications each to protect the sound element and the motion element of the clips. For example, HBO described the mark on one motion element application as follows:

[t]he mark consists of a motion mark depicting a television screen of static "snow" out of which emerges the HBO ENTERTAINMENT logo appearing, and then the static snow fades out and the HBO ENTERTAINMENT logo morphs to sharp lettering appearing against the background before the wording fades out.

and on one sound element application as

[t]he mark consists of a composite motion and sound mark depicting a television screen of static "snow" out of which emerges the HBO ENTERTAINMENT logo, and then the static snow fades out and the HBO ENTERTAINMENT logo morphs to sharp lettering appearing against the background before the wording fades out. Simultaneously with the fading in and out portion of the visual component, the sound element is the sound of static "turning on" and then fading out as it resolves to an ascending choir-like bass chord. 

It is a subtle difference, but it gives HBO the most protection over the look and sound of its opening and closing slips.

HBO's filings highlight the fact that trademarks do not take the form of a words and slogans only. Both sounds and motions can serve as trademarks if they identify the source of the good or service. The Trademark Manual Of Examining Procedure (TMEP) section 1202.15 provides "[s]ound marks function as source indicators when they 'assume a definitive shape or arrangement' and 'create in the hearer’s mind an association of the sound' with a good or service." Additionally, under TMEP 904.03(l) an applicant may support an application for a motion mark by filing up to five freeze frames showing the commercial impression conveyed by the mark.

In other words, don't assume something is not functioning as a trademark simply because it is not a textual.

Twentieth Century Fox Files Multiple Trademark Applications for Golden "E"

On August 5th, Twentieth Century Fox filed 16 federal trademark applications for the golden letter "E" below. The logo is described as a "stylized letter E in gold with an image of the vinyl player" in the applications.

Each application contains different goods or services that Twentieth Century Fox plans to market under this logo (based on the applications, they are not doing so currently). These goods and services range anywhere from online retail store services featuring fashion accessories to tobacco and cigars, alcoholic beverages, clothing, Christmas ornaments, toys, household items, toiletries, candies, energy drinks, and much more.

The above accessories and goods seem to be related to an application filed by Twentieth Century Fox on the same day for 

Pre-recorded DVDs featuring drama; pre-recorded CDs featuring drama and musical performances; downloadable audio and video recordings featuring drama; downloadable television shows and video recordings featuring drama[.]

It's not clear what Twentieth Century Fox is planning for this stylized "E" but the expansive degree of trademark protection sought for this logo suggests those plans may be big. Stay tuned.