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:
- Entertainment services, namely a continuing television series featuring drama rendered through the media of television, cable, satellite and broadband systems, and via the Internet, and portable and wireless communication devices; providing ongoing non-downloadable entertainment television programs featuring drama via a video-on-demand services and providing information in the field of entertainment rendered via the Internet, and portable and wireless communication devices (Class 41);
- 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 service (Class 9).
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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