PR-Section 8 and 9

BRITNEY SPEARS

BABY ONE MORE MARK, LLC

Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1963 (Rev 05/2006)
OMB No. 0651-0055 (Exp 10/31/2021)

Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9


The table below presents the data as entered.

Input Field
Entered
REGISTRATION NUMBER 2302300
REGISTRATION DATE 12/21/1999
SERIAL NUMBER 75656375
MARK SECTION
MARK BRITNEY SPEARS (see, mark)
ATTORNEY INFORMATION (current)
NAME Irene Y. Lee
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME Russ August & Kabat
STREET 12424 Wilshire Blvd., Suite 1200
CITY Los Angeles
STATE California
POSTAL CODE 90025
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 310.826.7474
FAX 310.826.6991
EMAIL ilee@raklaw.com
DOCKET/REFERENCE NUMBER 3760-US1
ATTORNEY INFORMATION (proposed)
NAME Irene Y. Lee
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME Russ August & Kabat
STREET 12424 Wilshire Boulevard, 12th floor
CITY Los Angeles
STATE California
POSTAL CODE 90025
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 310-826-7474
FAX 310-826-6991
EMAIL trademark@raklaw.com
DOCKET/REFERENCE NUMBER 3760-2-US03
OTHER APPOINTED ATTORNEY Justin Maio
CORRESPONDENCE INFORMATION (current)
NAME Irene Y. Lee
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE ilee@raklaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) akim@raklaw.com; jmaio@raklaw.com; mnewman@raklaw.com
DOCKET/REFERENCE NUMBER 3760-US1
CORRESPONDENCE INFORMATION (proposed)
NAME Irene Y. Lee
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE trademark@raklaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
DOCKET/REFERENCE NUMBER 3760-2-US03
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS 009
GOODS OR SERVICES phonograph records featuring music; pre-recorded audio cassettes and compact discs featuring music; pre-recorded video tapes featuring music performances
SPECIMEN FILE NAME(S) \\TICRS\EXPORT18\IMAGEOUT 18\756\563\75656375\xml1 \ S890002.JPG
SPECIMEN DESCRIPTION a photo of one of Registrant's compact discs, which are still available for sale and prominently display the mark in connection with the registered goods
INTERNATIONAL CLASS 041
GOODS OR SERVICES entertainment services in the nature of live performances by a musical artist
       SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILE SPN1-2605e000150aca4ff914 e9b0cf0c7ac-2020061717481 5522226_._Document12.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT18\IMAGEOUT 18\756\563\75656375\xml1\ S890003.JPG
SPECIMEN DESCRIPTION No specimen is being submitted because excusable nonuse is being claimed.
EXCUSABLE NONUSE EXPLANATION Registrant provided the services under the mark until January 2019, and intends to provide them again in the future, and has no intention to abandon the registration. Specifically, in December 2018, the Registrant provided live performances in the form of videos of rehearsals for an upcoming tour, and indeed sold tickets for concerts as a part of that tour. Then, in January 2019, for personal reasons relating to a family health matter, the Registrant had to cancel the tour. Despite this, in March 2019 the Registrant announced a Broadway musical play scheduled to premiere in November 2019, all under the registered mark. In July 2019, the premiere of the musical play was postponed until Spring 2020. The current pandemic has caused further delay of the musical play, but Registrant expects that it will be rescheduled as soon as live performances are able to resume. If the pandemic recovery continues as expected, Registrant expects the musical play and thus live performances under the mark will continue in Spring or Summer 2021. In the meantime, Registrant has continued to use the mark to release new music as recently as May 2020; however, any live performances must be delayed until after pandemic-related restrictions are lifted by the government.
MISCELLANEOUS STATEMENT attached here is evidence of the facts referred to in the excusable non-use claim
        \\TICRS\EXPORT18\IMAGEOUT 18\756\563\75656375\xml1 \ S890004.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\756\563\75656375\xml1 \ S890005.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\756\563\75656375\xml1 \ S890006.JPG
       ORIGINAL PDF FILE MISC-2605e000150aca4ff914 e9b0cf0c7ac-2020061717481 5522226_._broadway_2.pdf
        \\TICRS\EXPORT18\IMAGEOUT 18\756\563\75656375\xml1 \ S890007.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\756\563\75656375\xml1 \ S890008.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\756\563\75656375\xml1 \ S890009.JPG
OWNER SECTION (current)
NAME BABY ONE MORE MARK, LLC
INTERNAL ADDRESS 9000 SUNSET BOULEVARD, SUITE 800
MAILING ADDRESS C/O LAPOLT LAW, P.C.
CITY WEST HOLLYWOOD
STATE California
ZIP/POSTAL CODE 90069
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
OWNER SECTION (proposed)
NAME BABY ONE MORE MARK, LLC
INTERNAL ADDRESS 9000 SUNSET BOULEVARD, SUITE 800
MAILING ADDRESS C/O LAPOLT LAW, P.C.
CITY WEST HOLLYWOOD
STATE California
ZIP/POSTAL CODE 90069
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
EMAIL XXXX
LEGAL ENTITY SECTION (current)
TYPE limited liability company
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY WHERE LEGALLY ORGANIZED Delaware
PAYMENT SECTION
NUMBER OF CLASSES 2
NUMBER OF CLASSES PAID 2
COMBINED §§ 8 & 9 DECLARATION/APPLICATION FILING FEE 850
GRACE PERIOD FEE FOR §8 AND §9 400
TOTAL FEE PAID 1250
SIGNATURE SECTION
SIGNATURE /Irene Y. Lee/
SIGNATORY'S NAME Irene Y. Lee
SIGNATORY'S POSITION Attorney of record
DATE SIGNED 06/17/2020
PAYMENT METHOD CC
FILING INFORMATION
SUBMIT DATE Wed Jun 17 19:37:53 ET 2020
TEAS STAMP USPTO/S08N09-XXXX:XXXX:XX
XX:XXXX:XXXX:XXXX:XXX:XXX
X-20200617193753902511-23
02300-710b1f151de49d8e229
b734e426b0d8a356fd3e4fa5e
41086c52d37c52e1f1c83-CC-
37526185-2020061719355843
2977



Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1963 (Rev 05/2006)
OMB No. 0651-0055 (Exp 10/31/2021)


Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9


To the Commissioner for Trademarks:

REGISTRATION NUMBER: 2302300
REGISTRATION DATE: 12/21/1999

MARK: BRITNEY SPEARS

Current: The owner, BABY ONE MORE MARK, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      C/O LAPOLT LAW, P.C. 9000 SUNSET BOULEVARD, SUITE 800
       WEST HOLLYWOOD, California 90069
      United States

Proposed: The owner, BABY ONE MORE MARK, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      9000 SUNSET BOULEVARD, SUITE 800
      C/O LAPOLT LAW, P.C.
      WEST HOLLYWOOD, California 90069
      United States
      XXXX
is filing a Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9.

For International Class 009, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: phonograph records featuring music; pre-recorded audio cassettes and compact discs featuring music; pre-recorded video tapes featuring music performances ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) a photo of one of Registrant's compact discs, which are still available for sale and prominently display the mark in connection with the registered goods.
Specimen File1

For International Class 041, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: entertainment services in the nature of live performances by a musical artist ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) No specimen is being submitted because excusable nonuse is being claimed..

Original PDF file:
SPN1-2605e000150aca4ff914 e9b0cf0c7ac-2020061717481 5522226_._Document12.pdf
Converted PDF file(s) (1 page)
Specimen File1

The following explanation of excusable nonuse has been made of record: Registrant provided the services under the mark until January 2019, and intends to provide them again in the future, and has no intention to abandon the registration. Specifically, in December 2018, the Registrant provided live performances in the form of videos of rehearsals for an upcoming tour, and indeed sold tickets for concerts as a part of that tour. Then, in January 2019, for personal reasons relating to a family health matter, the Registrant had to cancel the tour. Despite this, in March 2019 the Registrant announced a Broadway musical play scheduled to premiere in November 2019, all under the registered mark. In July 2019, the premiere of the musical play was postponed until Spring 2020. The current pandemic has caused further delay of the musical play, but Registrant expects that it will be rescheduled as soon as live performances are able to resume. If the pandemic recovery continues as expected, Registrant expects the musical play and thus live performances under the mark will continue in Spring or Summer 2021. In the meantime, Registrant has continued to use the mark to release new music as recently as May 2020; however, any live performances must be delayed until after pandemic-related restrictions are lifted by the government.

MISCELLANEOUS STATEMENTS
attached here is evidence of the facts referred to in the excusable non-use claim

JPG file(s):
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Miscellaneous File5
Original PDF file:
MISC-2605e000150aca4ff914 e9b0cf0c7ac-2020061717481 5522226_._broadway_2.pdf
Converted PDF file(s) (1 page)
Miscellaneous File1

The owner's/holder's current attorney information: Irene Y. Lee. Irene Y. Lee of Russ August & Kabat, is located at

      12424 Wilshire Blvd., Suite 1200
      Los Angeles, California 90025
      United States
The docket/reference number is 3760-US1.

The phone number is 310.826.7474.

The fax number is 310.826.6991.

The email address is ilee@raklaw.com

The owner's/holder's proposed attorney information: Irene Y. Lee. Other appointed attorneys are Justin Maio. Irene Y. Lee of Russ August & Kabat, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      12424 Wilshire Boulevard, 12th floor
      Los Angeles, California 90025
      United States
The docket/reference number is 3760-2-US03.

The phone number is 310-826-7474.

The fax number is 310-826-6991.

The email address is trademark@raklaw.com

Irene Y. Lee submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      Irene Y. Lee
      PRIMARY EMAIL FOR CORRESPONDENCE: ilee@raklaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): akim@raklaw.com; jmaio@raklaw.com; mnewman@raklaw.com

The docket/reference number is 3760-US1.
Correspondence Information (proposed):
      Irene Y. Lee
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@raklaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 3760-2-US03.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $1250 will be submitted with the form, representing payment for 2 class(es), plus any additional grace period fee, if necessary.


Declaration

Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services or to indicate membership in the collective membership organization identified above, as evidenced by the attached specimen(s).
Unless the owner has specifically claimed excusable nonuse, the specimen(s) shows the mark as currently used in commerce on or in connection with the goods/services/collective membership organization.
The registrant requests that the registration be renewed for the goods/services/collective organization identified above.
To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of this submission and the registration, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Signature: /Irene Y. Lee/    Date: 06/17/2020
Signatory's Name: Irene Y. Lee
Signatory's Position: Attorney of record

Mailing Address (current):
   Russ August & Kabat
   12424 Wilshire Blvd., Suite 1200
   Los Angeles, California 90025

Mailing Address (proposed):
   Russ August & Kabat
   12424 Wilshire Boulevard, 12th floor
   Los Angeles, California 90025

Serial Number: 75656375
Internet Transmission Date: Wed Jun 17 19:37:53 ET 2020
TEAS Stamp: USPTO/S08N09-XXXX:XXXX:XXXX:XXXX:XXXX:XX
XX:XXX:XXXX-20200617193753902511-2302300
-710b1f151de49d8e229b734e426b0d8a356fd3e
4fa5e41086c52d37c52e1f1c83-CC-37526185-2
0200617193558432977

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