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 02/28/2021)

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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 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88092166

Filing Date: 08/24/2018

To the Commissioner for Trademarks:

MARK: SUPER X-FI (stylized and/or with design, see mark)

The literal element of the mark consists of SUPER X-FI.
The mark consists of the stylized wording SUPER X-FI.
The applicant, Creative Technology Ltd., a corporation of Singapore, having an address of
      31 International Business Park #03-01
      Creative Resource 609921
      Singapore

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:  Advertising and promotional services; Digital advertising services; Advertising via electronic media and specifically the internet; Advertising by transmission of on-line publicity for third parties through electronic communications networks; On-line advertising and marketing services; Pay per click advertising; Direct mail advertising, including on-line; On-line advertising on a computer network; Marketing services; Promotion of goods and services for others; Dissemination of advertisements; Targeting and reporting services relating to Internet services; Rental of advertising space on the internet; Selling advertising space on web pages; Online service for connecting social network users with businesses for the purpose of matching consumers with providers of goods and services; Online advertising network matching services for connecting advertisers to websites; Online retail store services featuring entertainment and educational content; On-line retail services featuring pre-recorded videos; Layout services for advertising purposes; Marketing research and analysis in the field of music publishing; Marketing research and analysis; Opinion polling of consumers and professionals in the field of music publishing, including on-line on a global computer network; Opinion polling; Demonstration of audio-related hardware and software; Demonstration of consumer electronic goods; Retail services relating to customization of consumer electronic hardware
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Singapore application number 40201816501Y, filed 08/17/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 038:  Telecommunication services, namely, transmission of advertising communications via digital communications networks; Data transmission services over telecommunications networks; Telecommunication of information services (including web pages); Information services relating to telecommunications; Connecting Internet web sites into an advertising network; Telecommunication services, namely, transmission and streaming of voice, data, images, audio, video, real-time news, entertainment content, or information by means of telecommunications networks, wireless communication networks, and the internet; Digital network telecommunications services; Providing an online community forum for users to share and stream information, audio, video, real-time news, entertainment content, or information, to form virtual communities, and to engage in social networking; Providing online forums; Audio and video transmission services; Streaming of audio and visual content; Audio and visual broadcasting; Transmission and delivery of audio and visual content; Delivery of messages and data by electronic transmission; Delivery of digital audio and/or video by telecommunications; Transmission of voice, data, images, signals, images, messages and information; Transmission of sound, video and information; Transmission of data, messages and information; Transmission of data, audio, video and multimedia files including downloadable files and files streamed over a global computer network; Electronic transmission and streaming of digital media content for others; Transmission of videos, movies, pictures, images, text, photos, games, user-generated content, audio content, and information via the Internet; Broadcasting audio and video content over global computer networks; Broadcasting of audiovisual and multimedia content via the Internet; Broadcasting audio and video content over global computer networks, video-on-demand transmission services, pay-per-view video and audio transmission services; Providing access to online, non-downloadable software for the transmission, storage and playback of audio and video content; Providing access to multimedia content online; Digital audio broadcasting and podcasting services; Communications via a global computer network or the internet; Providing an Internet website portal and podcasts in the fields of music and radio; Provision of access to content, websites and portals; Internet broadcasting services; Radio broadcasting; Providing on-line access to music databases; Providing access to digital music websites on the 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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Singapore application number 40201816501Y, filed 08/17/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 041:  Entertainment services, namely, the provision of streaming audio and audiovisual programs featuring entertainment; Providing non-downloadable films and television shows via video-on-demand transmission services; Entertainment services in the nature of live music, musical, other stage performances; Providing entertainment services in the nature of online games and websites featuring a wide variety of general interest entertainment information relating to motion picture films, television show programs, musical videos, related film clips, photographs, and other multimedia materials; Providing online non-downloadable video clips and other multimedia digital content containing audio, video, artwork, and/or text from or related to an ongoing television series or movie; Providing entertainment information via a website; Entertainment services, namely, providing on-line computer, electronic and video games; Entertainment and educational services, including providing audio and visual content in the fields of entertainment and education; Providing information, reviews and recommendations in the field of entertainment and education; Entertainment, namely, providing streamed or downloadable music, film, tv-programs, audio books and games to users online; Providing information in the area of audio and video programming, providing information used in the selection and purchase of audio and video content; Entertainment services, namely, providing a website featuring musical performances, music videos, related film clips, photographs, and other multimedia materials in the fields of music and radio; Providing prerecorded music, information in the fields of music and radio, and commentary and articles about music and radio; Providing non-downloadable playback of music and providing prerecorded music according to consumer preferences; Publication of multimedia material online; Online interactive entertainment; Entertainment services such as providing non-downloadable playback of music, providing non-downloadable prerecorded music; Providing information in the field of music and commentary and articles about music; Providing an internet website portal in the field of music; Providing non-downloadable playback of music and providing prerecorded music according to consumer preferences
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Singapore application number 40201816501Y, filed 08/17/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 042:  Design and development of computer hardware and software; Providing software and firmware updates for computer applications; Hosting of data relating to the adaptation and setting of customizable headphones, earphones, and other consumer electronics; Hosting of data relating to customizable audio profiles; Hosting of data relating to real-ear, head, and torso measurements; Hosting of data relating to aural measurements; Technological services relating to customizing audio profiles using ear, head, and torso measurements; Technological services relating to real-ear, head and torso measurements; Technological services relating to aural measurements
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Singapore application number 40201816501Y, filed 08/17/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3325431 and 3999214.

The applicant's current Attorney Information:
      Richard Y. Kim and all others of McDermott Will & Emery LLP
      The McDermott Building
      500 North Capitol Street, N.W.
      Washington, District of Columbia 20001
      United States
      202-756-8000(phone)
      202.756.8087(fax)
      washington_ip_docket@mwe.com (authorized)
The attorney docket/reference number is 065985-0141.

The applicant's current Correspondence Information:

Richard Y. Kim

McDermott Will & Emery LLP

The McDermott Building       500 North Capitol Street, N.W.

Washington, District of Columbia 20001

202-756-8000(phone)

202.756.8087(fax)

washington_ip_docket@mwe.com;rkim@mwe.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 $1100 has been submitted with the application, representing payment for 4 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: /Richard Y. Kim/   Date: 08/24/2018
Signatory's Name: Richard Y. Kim
Signatory's Position: Attorney of Record, DC Bar Member
Payment Sale Number: 88092166
Payment Accounting Date: 08/27/2018

Serial Number: 88092166
Internet Transmission Date: Fri Aug 24 16:25:35 EDT 2018
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201808241625351
01461-88092166-61071197374ca59e3c2103884
4daa5ec773635fc67792c0a549f0e69828329612
-DA-3342-20180824162210821513