REI applied for a mark that consists of “a motion mark, in which a bright light appears and grows larger and brighter until it morphs into the logo of a stylized letter ‘R’ within a circle. The term RODDENBERRY then appears underneath, with each letter rotating until it comes into place. The word ENTERTAINMENT then fades in underneath” for “production and distribution of television programs and motion pictures.” The mark is shown in still frames as the following:
According to the USPTO, a mark featuring “a repetitive motion of short duration,” can be depicted in a drawing that “depicts a single point in the movement, or … a square drawing that contains up to … freeze frames showing various points in the movement.”
To demonstrate use of the mark in connection with the goods/services, the USPTO also accepts .wav, .wmv, .wma, .mp3, .mpg, or .avi format (“[a]lthough the drawing for a motion mark may depict a single point in the movement, or up to five freeze frames showing various points in the movement, an acceptable specimen [evidence of use] should show the entire repetitive motion in order to depict the commercial impression conveyed by the mark (e.g. , a video clip, a series of still photos, or a series of screen shots).)” REI submitted the following WMV file for the mark.
The USPTO assigned the mark the following design codes:
01.03.02 – Other constellations
01.07.01 – Globes with outlines of continents
A search of 01.03.02 reveals marks like:
A search of 01.07.01 reveals marks like:
The Examining Attorney searched the word mark Roddenberry, 01.03.02 and 01.03.03 (stars in shapes), the latter reveals such marks as:
The Examining Attorney issued an Examiners Amendment / Priority Action with two points: (i) the drawing cannot exceed 5 frames; and (ii) addition to the mark description that includes a new sentence, “[t]he black rectangles surrounding each frame in the motion mark is not claimed as a feature of the mark, and is intended to show background only.” The drawing was reduced to 5 frames and the mark description updated.
With these changes, the application was approved and a registration (U.S. Reg. No. 5140450) issued February 14, 2017.