Statement of Use

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 1553 (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 1553 (Rev 09/2005)

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

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

To the Commissioner for Trademarks:
MARK: NURAPHONE(Standard Characters, see http://uspto.report/TM/87882026/mark.png)
SERIAL NUMBER: 87882026
An Extension of Time form is being filed with the Allegation of Use.



The applicant, Nura Holdings Pty Ltd, having an address of
      349 Brunswick Rd
      Brunswick, VIC, 3056
      Australia
      650-838-4347
      XXXX (authorized)
is submitting the following allegation of use information:

For International Class 009:
Current identification: Headphones and earphones for delivering audio; headphones and earphones for delivering personalized sound based on the listener's hearing; home and car audio systems for delivering audio comprised of audio speakers and/or audio receivers; home and car audio systems for delivering personalized sound based on the listener's hearing comprised of audio speakers and/or audio receivers; headphones with combined ear-cup and ear-bud design; Software for electronic commerce to allow users to perform electronic business transactions via a global computer network

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 05/16/2016, and first used in commerce at least as early as 05/16/2016, 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) The specimens consists of a picture of a headphone with the mark NURAPHONE, and a screen grab of a website where the headphone can be purchased..
Specimen File1
Specimen File2


For International Class 035:
Current identification: Electronic commerce services, namely, providing information about products via telecommunication networks for advertising purposes; online retail store services for electronic commerce featuring headphones, earphones

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 05/16/2016, and first used in commerce at least as early as 05/16/2016, 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) The submitted specimens consist of two screen captures of an online retail store for electronic commerce featuring headphones..
Specimen File1
Specimen File2


For International Class 038:
Current identification: Services for delivering information regarding personalized audio content, namely, transmission of information regarding personalized audio content by means of telecommunications networks, wireless communication networks, and/or the Internet; communication services for delivering information regarding a listener's hearing, namely, transmission of audio by means of the Internet, transmission of information regarding a listener's hearing by means of the Internet, transmitting streamed sound and/or audiovisual recordings via the Internet; communication services, namely, transmission of data in the field of hearing by telecommunications networks, data networks, wireless communication networks and/or the Internet; communication services for delivering personalized audio material by means of the communication networks, wireless communication networks, and/or the Internet

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 05/16/2016, and first used in commerce at least as early as 05/16/2016, 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) The specimen consists of a screen grab of a website explaining the services provided under the mark nuraphone, specifically explaining that "the hearing profile is transmitted to your nuraphone over the Internet.".
Specimen File1


For International Class 041:
Current identification: Provision of information in the field of leisure activities relating to audio production and/or audio appreciation; provision of information about education in the field of audio production and/or audio appreciation

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 04/30/2017, and first used in commerce at least as early as 04/30/2017, 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) The specimens consist of screen captures of a website providing information in the field of leisure activities relating to audio production and/or audio appreciation..
Specimen File1
Specimen File2


For International Class 042:
Current identification: Technical support services, namely, troubleshooting in the nature of diagnosing consumer electronics, headphone, and/or earphone hardware and/or software problems

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 04/30/2017, and first used in commerce at least as early as 04/30/2017, 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) The specimen consists of a screen capture of a website offering support services, namely, troubleshooting in the nature of diagnosing consumer electronics, headphone, and/or earphone hardware and/or software problems..
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form.
A fee payment in the amount of $500 will be submitted with the form, representing payment for the allegation of use for 5 classes.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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.
	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.

Signature: /Lena Petrovic/      Date Signed: 03/05/2019
Signatory's Name: Lena Petrovic
Signatory's Position: Attorney of record, California bar member
Signatory's Phone: 650-838-4347

RAM Sale Number: 87882026
RAM Accounting Date: 03/06/2019

Serial Number: 87882026
Internet Transmission Date: Tue Mar 05 14:10:21 EST 2019
TEAS Stamp: USPTO/SOU-XXX.XX.XXX.XXX-201903051410215
22247-87882026-62093c1ddfe80dce190d2f26c
50282c2ccc4c9991810a1cacfc98bf19edeb02af
3-CC-455-20190305133601144108