Statement of Use

PTO Form 1553 (Rev 4/2000)

OMB Control #0651-0009 (Exp. 06/30/2005)

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PTO Form 1553 (Rev 4/2000)

OMB Control #0651-0009 (Exp. 06/30/2005)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: MIXTAPE MIXDOWN
SERIAL NUMBER: 76374224

This Allegation of Use is being filed after a Notice of Allowance has issued.

The applicant, MUCHMUSIC USA VENTURE, residing at 200 Jericho Quadrangle , Jericho, NY US 11753, is using or is using through a related company or licensee the mark in commerce on or in connection with the goods and/or services as follows:

For International Class: 038, the applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application or Notice of Allowance.
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 03/24/2002, and first used in commerce at least as early as 03/24/2002, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) website.
Specimen-1

For International Class: 041, the applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application or Notice of Allowance, except the following: Applicant deletes on-line news from the services identified in class 41 of this application.
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 03/24/2002, and first used in commerce at least as early as 03/24/2002, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) website.
Specimen-1

The applicant hereby appoints Robert S. Weisbein and Amy L. Nelkin of  Darby & Darby, P.C., P.O. Box 5257, New York, NY USA 10150-5257 to submit this Statement of Use Filing on behalf of the applicant. The attorney docket/reference number is 03579/300J245-US0.

A fee payment in the amount of $200 will be submitted with the form, representing payment for 2 classes.

APPLICANT NAME:	MUCHMUSIC USA VENTURE
MARK:	MIXTAPE MIXDOWN

Declaration

Applicant requests registration of the above-identified trademark/service mark in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq., as amended). Applicant is the owner of the mark sought to be registered, and is using the mark in commerce on or in connection with the goods/services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

The undersigned being hereby warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of this document, declares that he/she is properly authorized to execute this document on behalf of the Owner; and all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.


Signatory's Name: ________________________
Signatory's Position: ________________________
Signatory File Signature

Mailing Address:
   Darby & Darby, P.C.
   P.O. Box 5257
   New York, NY 10150-5257

RAM Sale Number: 20
RAM Accounting Date: 10/15/2003

Serial Number: 76374224
Internet Transmission Date: Tue Oct 14 14:56:45 EDT 2003
TEAS Stamp: USPTO/SOU-XXX.XX.XXX.X-20031014145645570
050-76374224-200eb94524b4fbcd9169f799b08
e2232e-RAM-20-20031014124504680225


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