TEAS RF New Application

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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

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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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

Trademark/Service Mark Application, Principal Register

Serial Number: 87643216

Filing Date: 10/12/2017

To the Commissioner for Trademarks:

MARK: OCTAVE (Standard Characters, see mark)
The literal element of the mark consists of OCTAVE.
The mark consists of standard characters, without claim to any particular font style, size, or color.

The applicant, TOUCHTUNES MUSIC CORPORATION, a corporation of Delaware, having an address of
      850 Third Avenue, Suite 15-C
      New York, New York 10022
      United States
      703-816-4000 x4041(phone)
      703-816-4100(fax)
      XXXX (not authorized)

requests registration of the trademark/service mark identified above 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, for the following:

       International Class 035:  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 services of marketing jukeboxes; and computerized database management
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 036:  Electronic payment services, namely, electronic processing and transmission of bill payment data and payment of royalties and copyright, namely, the royalties and copyrights relating to the public performance via juke box of copyrighted songs
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 037:  Repair and installation of digital juke boxes and related accessories, namely, computer hardware and software, satellite, wire, cable or optical fiber telecommunication networks, disks, speakers, digital sound boards, touch screens, display monitors, mouse keyboards and computer cables
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 038:  Telecommunication services, namely, teleprocessing electronic data for the transfer of audio or video digital information, maintenance information for remote maintenance, statistical information, Internet radio broadcasting services;
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 041:  Music programming services, leasing of electronic equipment and hardware for reading music, providing continuing music programs provided by radio and internet
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 042:  Remote maintenance of computer software for others via a global computer network; monitoring services of digital jukeboxes and related services, 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, providing temporary use of non-downloadable software for creating, organizing, and distributing music; developing interactive music and video systems, leasing services, namely, leasing of electronic equipment to read prerecorded music, and custom music programming services
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 009:  Music, music equipment, music and computer hardware software and software applications for streaming and playing music; prerecorded music and electronic equipment for reading prerecorded music; parts and fittings for the aforesaid goods
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.


The applicant's current Attorney Information:
      Frank P. Presta and all other attorneys at Nixon & Vanderhye, PC of Nixon & Vanderhye, PC
      11th Floor
      901 N. Glebe Rd.
      Arlington, Virginia 22203
      United States
      703-816-4000 x4041(phone)
      703-816-4100(fax)
      nixonptomail@nixonvan.com (authorized)
The attorney docket/reference number is FPP-2302-917.

The applicant's current Correspondence Information:

Frank P. Presta

Nixon & Vanderhye, PC

11th Floor       901 N. Glebe Rd.

Arlington, Virginia 22203

703-816-4000 x4041(phone)

703-816-4100(fax)

nixonptomail@nixonvan.com;fpp@nixonvan.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $1925 has been submitted with the application, representing payment for 7 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, 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 of such other persons, to cause confusion or mistake, or to deceive.
	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 the application or submission or any registration resulting therefrom, 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.

Declaration Signature

Signature: /Frank P. Presta/   Date: 10/12/2017
Signatory's Name: Frank P. Presta
Signatory's Position: Attorney for Applicant, VA bar member
Payment Sale Number: 87643216
Payment Accounting Date: 10/13/2017

Serial Number: 87643216
Internet Transmission Date: Thu Oct 12 13:59:19 EDT 2017
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201710121359198
59895-87643216-510755b55c838cddd9a9374a0
2aac8b957f6fc49020e922ad8bf79877b0158b30
-CC-218-20171012135343680844