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: 88283249

Filing Date: 01/30/2019

To the Commissioner for Trademarks:

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

The applicant, ethr, LLC, a limited liability company legally organized under the laws of California, having an address of
      1113 North Sweetzer Ave., Unit 3
      West Hollywood, California 90069
      United States

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 009:  Computer software that provides web-based access to applications and services through a web operating system or portal interface; Downloadable mobile applications for use in the delivery, distribution and transmission of digital music and entertainment-related audio, video, text and multimedia content, and for transmitting, sharing and organizing audio, video and text data for use in social networking database management, and that allows users to input audio and video preferences that will be used in a computer algorithm to match such user with other users or so that a profile can be created and recommendations can be provided; Downloadable software in the nature of a mobile application for the streaming and broadcasting of digital music and entertainment-related audio, video, text and multimedia content, over a global computer network and other communications networks and allows users to search for music, video and custom user playlists.
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.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4969254.

The applicant's current Attorney Information:
      Kristin S. Cornuelle & Chris Civil and homas H. Zellerbach, Peter D. Vogl, Beth M. Goldman, Diana M. Rutowski, Betsy W. Lee, Eileen Z. Aghnami, Briggs Wright of Orrick, Herrington & Sutcliffe LLP      2050 Main St., Suite 1100
      Irvine, California 92614
      United States
      415-773-5803(phone)
      9495676710(fax)
      ipprosecution@orrick.com (authorized)
The attorney docket/reference number is 38386.6003.

The applicant's current Correspondence Information:

Kristin S. Cornuelle & Chris Civil

Orrick, Herrington & Sutcliffe LLP

2050 Main St., Suite 1100

Irvine, California 92614

415-773-5803(phone)

9495676710(fax)

ipprosecution@orrick.com;kcornuelle@orrick.com; ccivil@orrick.com; mweddington@orrick.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 $275 has been submitted with the application, representing payment for 1 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: /Alex Schaffhausen/   Date: 01/30/2019
Signatory's Name: Alex Schaffhausen
Signatory's Position: CEO
Payment Sale Number: 88283249
Payment Accounting Date: 01/31/2019

Serial Number: 88283249
Internet Transmission Date: Wed Jan 30 19:08:00 EST 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2019013019080040
1326-88283249-620914d6fcde02ee0a935a551a
bf144539f14dd70a6ce40722e233379b93629c5a
e-DA-16628-20190130161225431522