Angie’s List, Inc.

ANGIE’S LIST (and Design), Serial No. 77/094,537

This is a Response to the Office Action mailed October 4, 2008, for the Trademark Application
for the ANGIE’S LIST (and Design) mark, Ser. No. 77/094,537 (the “Mark”). In the Office
Action, the Examiner refused registration of the Mark or the grounds that Applicant needs to
disclaim the term “LIST” apart from the Mark.

In response to the Office Action, Applicant has amended the Application to include a claim of
distinctiveness as to the “LIST” portion of the Mark under Trademark Act Section 2(f), 15
U.S.C. § 1052(f). Reexamination and reconsideration of the Application is respectfully
requested in view of this amendment and the following remarks.

I. The “LIST” Portion of the Mark has Acquired Distinctiveness based upon the
Applicant’s Substantially Exclusive and Continuous Use of the “LIST” Portion of
the Mark in Commerce.

Applicant respectfully submits that the “LIST” portion of the Mark has acquired distinctiveness
under 15 U.S.C. Section 1052(f). As set forth in TMEP Section 1212.05, an applicant may
provide proof of substantially exclusive and continuous use of a mark in commerce for the
preceding five years to establish acquired distinctiveness under 15 U.S.C. Section 1052(f).
Further, TMEP Section 1212.02(f) provides that “[a] claim of acquired distinctiveness may apply
to a portion of a mark.” Applicant has used the “LIST” portion of the Mark, in commerce, since
at least as early as June 1996. Therefore, Applicant has amended its application to include a
claim of distinctiveness based upon its substantially exclusive and continuous use of the “LIST”
portion of the Mark in commerce in connection with “providing consumer information in the
field of home contractor products and services featuring consumer rating information, consumer
referral information, consumer recommendations, and price discount information” (the
“Services”) since at least as early as June 1996.

As set forth in TMEP Section 1212.05, “proof of substantially exclusive and continuous use of a
designation as a mark by the applicant in commerce for the five years before the date on which
the claim of distinctiveness is made” is prima facie evidence of acquired distinctiveness. The
“LIST” portion of the Mark has been used by Applicant for over twelve (12) years. Since
Applicant began using the Mark over twelve (12) years ago, Applicant’s use of the “LIST”
portion of the Mark in connection with the Services has been substantially exclusive and
continuous.

Therefore, Applicant submits that its substantially exclusive and continuous use of the “LIST”
portion of the Mark in connection with the Services is prima facie evidence of acquired
distinctiveness in that portion of the Mark under 15 U.S.C. Section 1052(f). In view of the
foregoing, Applicant respectfully submits that the Examiner’s refusal to register should be
withdrawn.
II. Additional Information.

The Examiner requested that Applicant indicate whether Applicant’s services feature list(s) of
service providers or contractors in any way. In response to the Examiner’s inquiry, Applicant
indicates that its consumer information services may be presented to the consumer in list form in
some instances. However, that is not necessarily the case in all instances. Rather, Applicant’s
information services may be presented to the consumer in a multitude of different forms,
including, but not limited to, in the form of a newsletter, a report, a chart, a table, or as an answer
to a query.

CONCLUSION

In view of the foregoing, Applicant believes it has resolved the issues raised in the Office Action.
For these reasons, it is respectfully submitted that Applicant’s Mark is registrable and should
proceed to publication. If any issues remain, then the Examiner is invited to contact Applicant’s
attorney.