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)

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

To the Commissioner for Trademarks:
MARK: STUDIO 35(Standard Characters, see http://uspto.report/TM/88362839/mark.png)
SERIAL NUMBER: 88362839



The applicant, New Audio LLC, having an address of
      Suite 701
      132 W 31st Street
      New York, New York 10001
      United States
      212-213-6060
      XXXX (authorized)
is submitting the following allegation of use information:

For International Class 009:
Current identification: Earphones; Headphones; Wireless speakers; Audio speakers

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are permanently deleted: Wireless speakers; Audio speakers

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: Earphones; Headphones
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 05/01/2019, and first used in commerce at least as early as 06/18/2019, 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) digitally photographed container.

Original PDF file:
SPN0-207172173152-20191105220831675260_._Studio_35_specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form. MISCELLANEOUS STATEMENTS
The following are the first use dates for each good in the same class. Headphones: First Use Anywhere Date: 05/01/2019 First Use in Commerce Date: 06/18/2019 Earphones: First Use Anywhere Date: 10/17/2019 First Use in Commerce Date: 10/17/2019


The applicant's current attorney information: Barry Heyman. Barry Heyman of LAW OFFICE OF BARRY J. HEYMAN, is located at

      5H
      355 EIGHTH AVENUE
      NEW YORK, New York 10001
      United States

The phone number is 212-414-9522.

The email address is barry@heylaw.com

The applicants proposed attorney information: Barry Heyman. Barry Heyman of LAW OFFICE OF BARRY J. HEYMAN, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      5H
      355 EIGHTH AVENUE
      NEW YORK, New York 10001
      United States

The phone number is 212-414-9522.

The email address is barry@heylaw.com

Barry Heyman submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: BARRY HEYMAN. BARRY HEYMAN of LAW OFFICE OF BARRY J. HEYMAN, is located at

      5H
      355 EIGHTH AVENUE
      NEW YORK, New York 10001
      United States

The phone number is 212-414-9522.

The email address is barry@heylaw.com

The applicants proposed correspondence information: BARRY HEYMAN. BARRY HEYMAN of LAW OFFICE OF BARRY J. HEYMAN, is located at

      5H
      355 EIGHTH AVENUE
      NEW YORK, New York 10001
      United States

The phone number is 212-414-9522.

The email address is barry@heylaw.com; barryheyman@gmail.com

A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.


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: /Barry Heyman/      Date Signed: 11/05/2019
Signatory's Name: Barry Heyman
Signatory's Position: Attorney, New York bar member
Signatory's Phone: 2124149522

Mailing Address:
   LAW OFFICE OF BARRY J. HEYMAN
   5H
   355 EIGHTH AVENUE
   NEW YORK, New York 10001

RAM Sale Number: 88362839
RAM Accounting Date: 11/05/2019

Serial Number: 88362839
Internet Transmission Date: Tue Nov 05 22:21:42 EST 2019
TEAS Stamp: USPTO/AAU-XXX.XXX.XXX.XXX-20191105222142
737740-88362839-700f8525ffd4ca1a3ab8fc11
1185e79ad13b93ba6a25bf5c16ae181dd7dc39d6
-CC-21417410-20191105220831675260