Extension of Time to File SOU

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 1581 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

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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 1581 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

SOU Extension Request
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: OCTAVE (see, http://uspto.report/TM/87643216/mark.png)
SERIAL NUMBER: 87643216

The applicant, TOUCHTUNES MUSIC CORPORATION, having an address of
      850 Third Avenue, Suite 15-C
      New York, New York 10022
      United States
      703-816-4000 x4042
      703-816-4100
      XXXX (authorized)
requests a six-month extension of time to file the Statement of Use under 37 C.F.R. Section 2.89 in this application.    The Notice of Allowance mailing date was 11/13/2018.

For International Class 009:
Current identification: Prerecorded music in the form of digital audio files and digital video files containing music; music equipment, namely, digital jukebox in the nature of computer hardware and software for distributing and playing audio and video musical information and karaoke performances; computer hardware, software and software applications for streaming and playing music; electronic equipment for reading prerecorded music, namely, computer hardware systems capable of downloading, storing and streaming files containing prerecorded music, audio and video, and playing these files on sound systems and video screens; parts and fittings for the aforesaid goods sold as a unit with the goods

For a trademark/service mark: The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class; for a collective/certification mark: the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization listed in the Notice of Allowance, or as subsequently modified for this specific class.


For International Class 035:
Current identification: Retail store services in the field of jukeboxes and their related accessories; computerized billing and reporting services, namely, computerized billing record processing, billing record reporting and billing services, all for the jukebox music industry; advertising agency services, namely, promoting the marketing services of others in the field of jukeboxes; and computerized database management

For a trademark/service mark: The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class; for a collective/certification mark: the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization listed in the Notice of Allowance, or as subsequently modified for this specific class.


For International Class 036:
Current identification: Electronic payment services, namely, electronic processing and transmission of bill payment data and payment of royalties and copyright via a global computer network, namely, the royalties and copyrights relating to the public performance via juke box of copyrighted songs

For a trademark/service mark: The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class; for a collective/certification mark: the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization listed in the Notice of Allowance, or as subsequently modified for this specific class.


For International Class 037:
Current identification: Repair and installation of digital juke boxes and related accessories, namely, computer hardware and satellite, wire, cable or optical fiber telecommunication network hardware, disks, speakers, digital sound boards, touch screens, display monitors, mouse keyboards and computer cables

For a trademark/service mark: The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class; for a collective/certification mark: the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization listed in the Notice of Allowance, or as subsequently modified for this specific class.


For International Class 038:
Current identification: Telecommunication services, namely, teleprocessing electronic data for the transfer of audio or video digital information, namely, electronic transmission of data in the nature of audio or video digital information, maintenance information for remote maintenance, statistical information; Internet radio broadcasting services

For a trademark/service mark: The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class; for a collective/certification mark: the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization listed in the Notice of Allowance, or as subsequently modified for this specific class.


For International Class 041:
Current identification: Music programming services, namely, programming of musical selections for digital jukeboxes; leasing of electronic equipment and hardware for reading music, namely, computer hardware systems capable of downloading and storing or streaming files containing prerecorded music, audio and video, and playing these files on sound systems and video screens; providing continuing music programs provided by radio and internet

For a trademark/service mark: The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class; for a collective/certification mark: the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization listed in the Notice of Allowance, or as subsequently modified for this specific class.


For International Class 042:
Current identification: Remote maintenance of computer software for others via a global computer network, namely, computer monitoring services which tracks application software performance, performs periodic maintenance and provides reports and alerts concerning such performance; monitoring services of digital jukeboxes and related goods, namely, wire, cable or optical fiber telecommunication networks, disks, speakers, digital sound boards, touch screens, display monitors, mouse, keyboards and computer cables; computer services, namely, facilitating the downloading of songs, software, and videos to be executed on the jukebox or to any electronic device able to produce song or video by use of digital information, namely, providing a website allowing users to download songs, software, and videos to be executed on the jukebox or to any electronic device able to produce song or video by use of digital information; providing temporary use of non-downloadable software for playing of songs, software, and videos to be executed on the jukebox or to any electronic device able to produce song or video by use of digital information; providing temporary use of non-downloadable software for creating, organizing, and distributing music; developing interactive music and video systems, namely, developing software for interactive digital jukeboxes that play music and video; leasing services, namely, leasing of electronic equipment to read prerecorded music, namely, computer hardware systems capable of downloading, storing and streaming files containing prerecorded music, audio and video, and playing these files on sound systems and video screens; custom music programming services; repair and installation of computer software

For a trademark/service mark: The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class; for a collective/certification mark: the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization listed in the Notice of Allowance, or as subsequently modified for this specific class.


This is the second extension request. The applicant has made the following ongoing efforts to use the mark in commerce on or in connection with each of those goods/services covered by the extension request: product or service research or development


The applicant's current attorney information: Frank P. Presta. Frank P. Presta of NIXON & VANDERHYE, PC, is located at

      11TH FLOOR
      901 N. GLEBE RD.
      ARLINGTON, Virginia 22203
      United States
The docket/reference number is FPP-2302-917.

The phone number is 703-816-4000 x4041.

The fax number is 703-816-4100.

The email address is nixonptomail@nixonvan.com

The applicants proposed attorney information: Frank P. Presta. Other appointed attorneys are all other attorneys at Nixon & Vanderhye, PC. Frank P. Presta of NIXON & VANDERHYE, PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      11TH FLOOR
      901 N. GLEBE RD.
      ARLINGTON, Virginia 22203
      United States
The docket/reference number is JSP-2302-917.

The phone number is 703-816-4000 x4042.

The fax number is 703-816-4100.

The email address is nixonptomail@nixonvan.com

Frank P. Presta 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.
The applicant's current correspondence information: FRANK P. PRESTA. FRANK P. PRESTA of NIXON & VANDERHYE, PC, is located at

      11TH FLOOR
      901 N. GLEBE RD.
      ARLINGTON, Virginia 22203
      United States
The docket/reference number is FPP-2302-917.

The phone number is 703-816-4000 x4041.

The fax number is 703-816-4100.

The email address is nixonptomail@nixonvan.com

The applicants proposed correspondence information: FRANK P. PRESTA. FRANK P. PRESTA of NIXON & VANDERHYE, PC, is located at

      11TH FLOOR
      901 N. GLEBE RD.
      ARLINGTON, Virginia 22203
      United States
The docket/reference number is JSP-2302-917.

The phone number is 703-816-4000 x4042.

The fax number is 703-816-4100.

The email address is nixonptomail@nixonvan.com; jsp@nixonvan.com


A fee payment in the amount of $875 will be submitted with the form, representing payment for 7 classes.


Declaration

STATEMENTS: The signatory believes that: the applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all the goods/services under Section 1(b) in the notice of allowance or as subsequently modified, or, if applicable, the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with all the goods/services/collective membership organization under Section 1(b) in the notice of allowance or as subsequently modified; and that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, members and concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

DECLARATION: 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 the application or submission or any resulting registration, declares that all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.


Signature: /Joseph S. Presta/      Date Signed: 11/12/2019
Signatory's Name: Joseph S. Presta
Signatory's Position: Attorney for Applicant, VA bar member
Signatory's Phone: 703-816-4042

Mailing Address:
   NIXON & VANDERHYE, PC
   11TH FLOOR
   901 N. GLEBE RD.
   ARLINGTON, Virginia 22203

RAM Sale Number: 87643216
RAM Accounting Date: 11/12/2019

Serial Number: 87643216
Internet Transmission Date: Tue Nov 12 15:10:56 EST 2019
TEAS Stamp: USPTO/ESU-XX.XXX.XXX.XXX-201911121510564
28824-87643216-7005b489584665952f81ae6cc
5f1360429db049def5d79f6444818c34c6501758
a-CC-10549254-20191112150741024688