Wednesday, April 19, 2017

CBS Studios Files Two Trademark Applications for NCIS: RED

Is CBS's NCIS series getting a new spinoff? Maybe, according to recent trademark applications filed with the U.S. Patent and Trademark Office.
On April 14th, CBS Studios, Inc. filed two applications to register NCIS:RED as a trademark. CBS filed one application in Class 9 and the other in Class 41 for the following goods and services:
CBS filed each application on an intent to use basis, suggesting the studio is not yet using this trademark in commerce but has a bona fide intention to do so in the near future. 15 USC 1051(b); TMEP 806.01(b).

So are these NCIS: RED applications related to a new NCIS spinoff? That's not exactly clear from the trademark applications, but some brief research revealed that CBS apparently ran a NCIS: Los Angeles: Red Team two part backdoor pilot in 2013. Whether these recent trademark applications are related to that pilot or something else, only time will tell. 

From a legal standpoint, however, if CBS wants to obtain a registration for the NCIS: RED mark based on these applications, it will need to start using the marks in commerce and submit an allegation of use evidencing the same to the USPTO. See TMEP 902. If the examination of these applications by the USPTO does not reveal any issues, that allegation of use will be due in approximately one year, although CBS may request up to five six-month extensions of time to file the allegation. See TMEP 1108 et seq. NCIS fans, pay attention to these applications.

On a related note, I previously blogged about the real NCIS filing a trademark application for its badge back in 2015. That application was recently approved by the USPTO after a couple Office actions and was recently published in the Official Gazette

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