Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15
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 1683 (Rev 11/2012)
OMB No. 0651-0055 (Exp 12/31/2018)
Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15
Computer software for use in the delivery, distribution and transmission of digital music and entertainment-related audio, text and multimedia
content; computer software for enabling transmission, storage, sharing, collection, editing, organizing and modifying audio, messages, images and other data for use in social networking, online
chats*, * creating social networking databases and for use in social networking database management; computer software for creating searchable databases of information and data for peer-to-peer
social networking databases
screenshot from Registrant's website showing the registered mark prominently displayed in connection with the advertising and rendering of
the services
INTERNATIONAL CLASS
038
GOODS OR SERVICES
Sound and television broadcasting of music and films via the Internet, telephony, or satellite broadcasting; providing on-line chat rooms and
discussion forums for transmission of messages and digital pictures among users in the field of general interest; telecommunications on the Internet, namely, audio and video transmission
screenshot from Registrant's website showing the registered mark prominently displayed in connection with the advertising and rendering of
the services
INTERNATIONAL CLASS
041
GOODS OR SERVICES
Entertainment, namely, providing music, film to users online via a communication network; providing an online database via a communication
network featuring music, films, and entertainment data
screenshot from Registrant's website showing the registered mark prominently displayed in connection with the advertising and rendering of
the services
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 1683 (Rev 11/2012)
OMB No. 0651-0055 (Exp 12/31/2018)
Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15
The owner/holder, Spotify AB, a corporation of Sweden, having an address of
Birger Jarlsgatan 61
Stockholm, SE113 56
Sweden
is filing a Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15.
For International Class 009, the mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective membership organization, listed in
the existing registered extension of protection for this specific class; and the mark has been continuously used in commerce for five (5) consecutive years after the date of registration, and
is still 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 registered extension of
protection for this class. Also, no final decision adverse to the owner's claim of ownership of such mark for those goods/services exists, or to indicate membership in the collective membership
organization or to the owner's right to register the same or to keep the same on the register; and, no proceeding involving said rights pending and not disposed of in either the U.S. Patent and
Trademark Office or the courts exists.
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) screenshot displaying the mark where the
software can be downloaded.
For International Class 035, the mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective membership organization, listed in
the existing registered extension of protection for this specific class; and the mark has been continuously used in commerce for five (5) consecutive years after the date of registration, and
is still 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 registered extension of
protection for this class. Also, no final decision adverse to the owner's claim of ownership of such mark for those goods/services exists, or to indicate membership in the collective membership
organization or to the owner's right to register the same or to keep the same on the register; and, no proceeding involving said rights pending and not disposed of in either the U.S. Patent and
Trademark Office or the courts exists.
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) screenshot from Registrant's website showing
the registered mark prominently displayed in connection with the advertising and rendering of the services.
For International Class 038, the mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective membership organization, listed in
the existing registered extension of protection for this specific class; and the mark has been continuously used in commerce for five (5) consecutive years after the date of registration, and
is still 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 registered extension of
protection for this class. Also, no final decision adverse to the owner's claim of ownership of such mark for those goods/services exists, or to indicate membership in the collective membership
organization or to the owner's right to register the same or to keep the same on the register; and, no proceeding involving said rights pending and not disposed of in either the U.S. Patent and
Trademark Office or the courts exists.
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) screenshot from Registrant's website showing
the registered mark prominently displayed in connection with the advertising and rendering of the services.
For International Class 041, the mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective membership organization, listed in
the existing registered extension of protection for this specific class; and the mark has been continuously used in commerce for five (5) consecutive years after the date of registration, and
is still 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 registered extension of
protection for this class. Also, no final decision adverse to the owner's claim of ownership of such mark for those goods/services exists, or to indicate membership in the collective membership
organization or to the owner's right to register the same or to keep the same on the register; and, no proceeding involving said rights pending and not disposed of in either the U.S. Patent and
Trademark Office or the courts exists.
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) screenshot from Registrant's website showing
the registered mark prominently displayed in connection with the advertising and rendering of the services.
A fee payment in the amount of $1300 will be submitted with the form, representing payment for 4 class(es), plus any additional grace period fee, if necessary.
Declaration
Unless the holder/owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services identified above, as evidenced by the attached
specimen(s).
Unless the holder/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.
The mark has been in continuous use in commerce for five consecutive years after the date of registration in the United States, and is still in use in commerce on or in connection with all
goods/services listed in the existing registration.
There has been no final decision adverse to the holder's/owner's claim of ownership of such mark for such goods/services, or to the holder's/owner's right to register the same or to keep the same
on the register.
There is no proceeding involving said rights pending and not finally disposed of either in the United States Patent and Trademark Office or in a court.
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: /Benjamin Helldén-Hegelund/ Date: 02/28/2018
Signatory's Name: Benjamin Helldén-Hegelund
Signatory's Position: Legal Counsel
Signatory's Phone: NOT REQUIRED
Mailing Address:
WILSON SONSINI GOODRICH & ROSATI
650 PAGE MILL ROAD
PALO ALTO, California 94304
Serial Number: 79037568
Internet Transmission Date: Wed Feb 28 17:23:26 EST 2018
TEAS Stamp: USPTO/S71N15-XXX.XXX.XXX.XX-201802281723
26007778-3561218-510a35ee03e749445f18dd4
afb37b538abbe7a5819dfb417d7ecb5e5cc42b7e
3-DA-5773-20180226160916502496
