Amendment to Allege Use

AUDIOGO

Adswizz, Inc.

Trademark/Service Mark Amendment to Allege 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)

Trademark/Service Mark Amendment to Allege Use
(15 U.S.C. Section 1051(c))


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88337227
LAW OFFICE ASSIGNED LAW OFFICE 114
EXTENSION OF USE NO
MARK SECTION (current)
MARK FILE NAME http://uspto.report/TM/88337227/mark.png
LITERAL ELEMENT AUDIO GO
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
MARK SECTION (proposed)
MARK FILE NAME \\TICRS\EXPORT17\IMAGEOUT 17\883\372\88337227\xml5\ AAU0002.JPG
LITERAL ELEMENT AUDIOGO
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR MARK NO
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of "AUDIOGO" with three vertical lines appearing over the word "GO".
PIXEL COUNT ACCEPTABLE YES
PIXEL COUNT 944 x 379
OWNER SECTION
NAME Adswizz, Inc.
STREET 487A S El Camino Real
CITY San Mateo
STATE California
ZIP/POSTAL CODE 94402
COUNTRY United States
ATTORNEY SECTION (current)
NAME Karen A. Webb
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME FENWICK & WEST LLP
INTERNAL ADDRESS SILICON VALLEY CENTER
STREET 801 CALIFORNIA STREET
CITY MOUNTAIN VIEW
STATE California
POSTAL CODE 94041
COUNTRY United States
PHONE 650-988-8500
FAX 650-938-8522
EMAIL trademarks@fenwick.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 28825-00070
ATTORNEY SECTION (proposed)
NAME Karen A. Webb
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME FENWICK & WEST LLP
INTERNAL ADDRESS 801 California Street
STREET 801 CALIFORNIA STREET
CITY MOUNTAIN VIEW
STATE California
POSTAL CODE 94041
COUNTRY United States
PHONE 650-988-8500
FAX 650-938-8522
EMAIL trademarks@fenwick.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 28825-00070
OTHER APPOINTED ATTORNEY all other attorneys of Fenwick & West LLP
CORRESPONDENCE SECTION (current)
NAME KAREN A. WEBB
FIRM NAME FENWICK & WEST LLP
INTERNAL ADDRESS SILICON VALLEY CENTER
STREET 801 CALIFORNIA STREET
CITY MOUNTAIN VIEW
STATE California
POSTAL CODE 94041
COUNTRY United States
PHONE 650-988-8500
FAX 650-938-8522
EMAIL trademarks@fenwick.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 28825-00070
CORRESPONDENCE SECTION (proposed)
NAME KAREN A. WEBB
FIRM NAME FENWICK & WEST LLP
INTERNAL ADDRESS SILICON VALLEY CENTER
STREET 801 CALIFORNIA STREET
CITY MOUNTAIN VIEW
STATE California
POSTAL CODE 94041
COUNTRY United States
PHONE 650-988-8500
FAX 650-938-8522
EMAIL trademarks@fenwick.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 28825-00070
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS 035
CURRENT IDENTIFICATION Advertising services; Advertising trading and management services; Advertising services, namely, placement of digital audio advertising on the internet, internet radio, podcast, simulcast streams, and on-demand audio content; Advertising trading and management services via an online platform, namely, a demand-side platform (DSP) that allows users to bid on digital audio advertising inventory and manage advertising exchange and data exchange accounts; Advertising services, namely, implementation, optimization, and measuring of digital audio advertising for others; Advertising services, namely, distribution of digital audio advertising materials on internet radio, podcasts, simulcast streams, and on-demand audio content; Advertising services, namely, measuring, reporting, and tracking of advertising performance; Advertising services, namely, measuring, reporting, tracking and billing of advertising expenditures
GOODS OR SERVICES KEEP ALL LISTED
FIRST USE ANYWHERE DATE 04/00/2019
FIRST USE IN COMMERCE DATE 04/00/2019
SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILE SPN0-839136204-20190807143447100730_._Specimen.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
\\TICRS\EXPORT17\IMAGEOUT17\883\372\88337227\xml5\AAU0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\372\88337227\xml5\AAU0004.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\372\88337227\xml5\AAU0005.JPG
SPECIMEN DESCRIPTION screenshot of Applicant's website displaying mark and describing service
INTERNATIONAL CLASS 042
CURRENT IDENTIFICATION Software as a service; Software as a service featuring an online platform, namely, a demand-side platform (DSP) that allows users to bid on and buy digital audio advertising inventory and manage advertising exchange and data exchange accounts; Software as a service featuring an online platform for placement of digital audio advertising on the internet, internet radio, podcast, simulcast streams, and on-demand audio content; Software as a service featuring an online platform that allows users to programmatically implement, optimize, and measure digital audio advertising; Software as a service featuring an online platform for distribution of digital audio advertising materials on internet radio, podcasts, simulcast streams, and on-demand audio content; Software as a service featuring an online platform for measuring, reporting, and tracking advertising performance; Software as a service featuring an online platform for measuring, reporting, tracking and billing of advertising expenditures
GOODS OR SERVICES KEEP ALL LISTED
FIRST USE ANYWHERE DATE 04/00/2019
FIRST USE IN COMMERCE DATE 04/00/2019
SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILE SPN1-839136204-20190807143447100730_._Specimen.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
\\TICRS\EXPORT17\IMAGEOUT17\883\372\88337227\xml5\AAU0006.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\372\88337227\xml5\AAU0007.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\372\88337227\xml5\AAU0008.JPG
SPECIMEN DESCRIPTION screenshot of Applicant's website displaying mark and describing service
REQUEST TO DIVIDE NO
PAYMENT SECTION
NUMBER OF CLASSES IN USE 2
SUBTOTAL AMOUNT [ALLEGATION OF USE FEE] 200
TOTAL AMOUNT 200
SIGNATURE SECTION
DECLARATION SIGNATURE /Alexis Van de Wyer/
SIGNATORY'S NAME Alexis van de Wyer
SIGNATORY'S POSITION CEO
DATE SIGNED 08/19/2019
SIGNATORY'S PHONE NUMBER 4086744355
FILING INFORMATION
SUBMIT DATE Mon Aug 19 19:28:12 EDT 2019
TEAS STAMP USPTO/AAU-X.XX.XXX.XXX-20
190819192812022623-883372
27-610e474bd6a53c2cec7e61
72b415b897149f1c62a4d9907
168b0aa8af388f646ce-DA-28
118288-201908071531201614
50



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 Amendment to Allege Use
(15 U.S.C. Section 1051(c))


To the Commissioner for Trademarks:
MARK: AUDIO GO (Stylized and/or with Design, see http://uspto.report/TM/88337227/mark.png)
SERIAL NUMBER: 88337227



MARK
Applicant proposes to amend the mark as follows:
Current: AUDIO GO (Stylized and/or with Design, see http://uspto.report/TM/88337227/mark.png)
Proposed: AUDIOGO (Stylized and/or with Design, see mark)

The applicant is not claiming color as a feature of the mark.
The mark consists of "AUDIOGO" with three vertical lines appearing over the word "GO".

The applicant, Adswizz, Inc., having an address of
      487A S El Camino Real
      San Mateo, California 94402
      United States
is submitting the following allegation of use information:

For International Class 035:
Current identification: Advertising services; Advertising trading and management services; Advertising services, namely, placement of digital audio advertising on the internet, internet radio, podcast, simulcast streams, and on-demand audio content; Advertising trading and management services via an online platform, namely, a demand-side platform (DSP) that allows users to bid on digital audio advertising inventory and manage advertising exchange and data exchange accounts; Advertising services, namely, implementation, optimization, and measuring of digital audio advertising for others; Advertising services, namely, distribution of digital audio advertising materials on internet radio, podcasts, simulcast streams, and on-demand audio content; Advertising services, namely, measuring, reporting, and tracking of advertising performance; Advertising services, namely, measuring, reporting, tracking and billing of advertising expenditures

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 04/00/2019, and first used in commerce at least as early as 04/00/2019, 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) screenshot of Applicant's website displaying mark and describing service.

Original PDF file:
SPN0-839136204-20190807143447100730_._Specimen.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3


For International Class 042:
Current identification: Software as a service; Software as a service featuring an online platform, namely, a demand-side platform (DSP) that allows users to bid on and buy digital audio advertising inventory and manage advertising exchange and data exchange accounts; Software as a service featuring an online platform for placement of digital audio advertising on the internet, internet radio, podcast, simulcast streams, and on-demand audio content; Software as a service featuring an online platform that allows users to programmatically implement, optimize, and measure digital audio advertising; Software as a service featuring an online platform for distribution of digital audio advertising materials on internet radio, podcasts, simulcast streams, and on-demand audio content; Software as a service featuring an online platform for measuring, reporting, and tracking advertising performance; Software as a service featuring an online platform for measuring, reporting, tracking and billing of advertising expenditures

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 04/00/2019, and first used in commerce at least as early as 04/00/2019, 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) screenshot of Applicant's website displaying mark and describing service.

Original PDF file:
SPN1-839136204-20190807143447100730_._Specimen.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3


The applicant is not filing a Request to Divide with this Allegation of Use form.

The applicant's current attorney information: Karen A. Webb. Karen A. Webb of FENWICK & WEST LLP, is located at

      SILICON VALLEY CENTER
      801 CALIFORNIA STREET
      MOUNTAIN VIEW, California 94041
      United States
The docket/reference number is 28825-00070.

The phone number is 650-988-8500.

The fax number is 650-938-8522.

The email address is trademarks@fenwick.com

The applicants proposed attorney information: Karen A. Webb. Other appointed attorneys are all other attorneys of Fenwick & West LLP. Karen A. Webb of FENWICK & WEST LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      801 California Street
      801 CALIFORNIA STREET
      MOUNTAIN VIEW, California 94041
      United States
The docket/reference number is 28825-00070.

The phone number is 650-988-8500.

The fax number is 650-938-8522.

The email address is trademarks@fenwick.com

Karen A. Webb submitted the following statement: I attest that I am an attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory).
The applicant's current correspondence information: KAREN A. WEBB. KAREN A. WEBB of FENWICK & WEST LLP, is located at

      SILICON VALLEY CENTER
      801 CALIFORNIA STREET
      MOUNTAIN VIEW, California 94041
      United States
The docket/reference number is 28825-00070.

The phone number is 650-988-8500.

The fax number is 650-938-8522.

The email address is trademarks@fenwick.com

The applicants proposed correspondence information: KAREN A. WEBB. KAREN A. WEBB of FENWICK & WEST LLP, is located at

      SILICON VALLEY CENTER
      801 CALIFORNIA STREET
      MOUNTAIN VIEW, California 94041
      United States
The docket/reference number is 28825-00070.

The phone number is 650-988-8500.

The fax number is 650-938-8522.

The email address is trademarks@fenwick.com

A fee payment in the amount of $200 will be submitted with the form, representing payment for the allegation of use for 2 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: /Alexis Van de Wyer/      Date Signed: 08/19/2019
Signatory's Name: Alexis van de Wyer
Signatory's Position: CEO
Signatory's Phone: 4086744355

Mailing Address:
   FENWICK & WEST LLP
   801 California Street
   801 CALIFORNIA STREET
   MOUNTAIN VIEW, California 94041

RAM Sale Number: 88337227
RAM Accounting Date: 08/19/2019

Serial Number: 88337227
Internet Transmission Date: Mon Aug 19 19:28:12 EDT 2019
TEAS Stamp: USPTO/AAU-X.XX.XXX.XXX-20190819192812022
623-88337227-610e474bd6a53c2cec7e6172b41
5b897149f1c62a4d9907168b0aa8af388f646ce-
DA-28118288-20190807153120161450



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