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: B BEATSOURCE (Stylized and/or with Design, see http://uspto.report/TM/88415077/mark.png)
SERIAL NUMBER: 88415077


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: BEATPORT LLC, having an address of
      Suite 318
      Zeppelin Station, 3501 Wazee Street
      Denver, Colorado 80216
      United States
Proposed: BEATPORT LLC, having an address of
      Suite 318
      Zeppelin Station, 3501 Wazee Street
      Denver, Colorado 80216
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 009:
Current identification: Downloadable and recorded computer software, namely, an application for music retail sales that allows users to browse and purchase music through third party platforms and hardware; downloadable and recorded computer software for use in connection with an online music subscription service; downloadable and recorded computer software for use in playing, organizing, downloading, transmitting, manipulating, and reviewing audio files; downloadable and recorded computer software for use in the delivery, distribution and transmission of digital music and entertainment-related audio; downloadable and recorded computer software for creating searchable databases of information; downloadable and recorded computer software for accessing, browsing and searching online databases; downloadable music recordings, digital stems and loops for purchase; downloadable audio and audiovisual video content

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 10/01/2019, and first used in commerce at least as early as 10/01/2019, 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) Screenshots of the applied for mark in connection with the goods.

Original PDF file:
SPN0-108612915-20200415104139748947_._2020_03_11_Screenshot_of_Website_3.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Original PDF file:
SPN0-108612915-20200415104139748947_._2020_03_11_Screenshot_of_purchase_page.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2


For International Class 035:
Current identification: Online retail store services, retail store services, mail order services and distributorship services, all featuring prerecorded digital music, MP3 portables, advanced digital- and computer- based DJ systems and internet portals in the nature of purchased loops, samples, sound effects, and/or patches, or any variations thereof, both singularly and as collections; On-line retail store services featuring downloadable pre-recorded music; Entertainment marketing services, namely, marketing, promotion and advertising for recording and performing artists

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 10/01/2019, and first used in commerce at least as early as 10/01/2019, 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) Screenshots of the applied for mark in use in connection with the advertisement and rendition of the services.

Original PDF file:
SPN1-108612915-20200415104139748947_._2020_03_11_Screenshot_of_purchase_page.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPN1-108612915-20200415104139748947_._2020_03_11_Screenshot_of_Website_3.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5


For International Class 038:
Current identification: Streaming of audio and video music material on the Internet; Broadcast and transmission of music and audio by means of telecommunications networks; Broadcast and transmission of streamed music, audio by means of telecommunications networks; Transfer of music and audio to users by means of telecommunications networks

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 10/01/2019, and first used in commerce at least as early as 10/01/2019, 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 the applied for mark in use in connection with the advertisement and rendition of the services.

Original PDF file:
SPN2-108612915-20200415104139748947_._2020_03_05_Screenshot_of_Website_-_listening_pg_2.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2


For International Class 041:
Current identification: Entertainment services, namely, providing an Internet website portal in the field of music featuring non-downloadable music recordings and digital music stems and loops; Entertainment services, namely, providing streaming audio and audiovisual content to users through a subscription service provided online via a communication 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 10/01/2019, and first used in commerce at least as early as 10/01/2019, 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 the applied for mark in use in connection with the advertisement and rendition of services.

Original PDF file:
SPN3-108612915-20200415104139748947_._2020_03_05_Screenshot_of_Website_-_Streaming.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPN3-108612915-20200415104139748947_._2020_03_05_Screenshot_of_Website_-_listening_pg_2.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPN3-108612915-20200415104139748947_._2020_03_05_Screenshot_of_Website.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3


For International Class 042:
Current identification: Computer services, namely, providing on-line non- downloadable computer software for use in identifying, locating, grouping, distributing and managing pre-recorded music, artists and label data; Providing online non- downloadable software for use in connection with an online music subscription service; Providing online non- downloadable software for use in playing, organizing, downloading, transmitting, manipulating, and reviewing audio files and media files; Providing online non-downloadable software for use in the delivery, distribution and transmission of digital music and entertainment-related audio, video, and multimedia content

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 10/01/2019, and first used in commerce at least as early as 10/01/2019, 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 the applied for mark in use in connection with the advertisement and rendition of the services.

Original PDF file:
SPN4-108612915-20200415104139748947_._2020_03_05_Screenshot_of_Website_-_listening_pg_2.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPN4-108612915-20200415104139748947_._2020_03_05_Screenshot_of_Website.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPN4-108612915-20200415104139748947_._2020_03_11_Screenshot_of_purchase_page.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2


The applicant is not filing a Request to Divide with this Allegation of Use form.
The owner's/holder's current attorney information: Sarah M. Matz. Sarah M. Matz of ADELMAN MATZ P.C., is located at

      1173A SECOND AVENUE, SUITE 153
      NEW YORK, New York 10065
      United States

The phone number is 646-650-2207.

The fax number is (646) 650-2108.

The email address is sarah@adelmanmatz.com

The owner's/holder's proposed attorney information: Sarah M. Matz. Other appointed attorneys are Gary Adelman, Bri'Ana Thomas. Sarah M. Matz of ADELMAN MATZ P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1173A SECOND AVENUE, SUITE 153
      NEW YORK, New York 10065
      United States

The phone number is 646-650-2207.

The fax number is (646) 650-2108.

The email address is sarah@adelmanmatz.com

Sarah M. Matz 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.Correspondence Information (current):
      SARAH M. MATZ
      PRIMARY EMAIL FOR CORRESPONDENCE: sarah@adelmanmatz.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Sarah M. Matz
      PRIMARY EMAIL FOR CORRESPONDENCE: sarah@adelmanmatz.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): g@adelmanmatz.com; gpadocketing@gmail.com; briana@adelmanmatz.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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: /Bri'Ana Thomas/      Date Signed: 04/15/2020
Signatory's Name: Bri'Ana Thomas
Signatory's Position: Associate Attorney, Adelman Matz P.C., New York Bar member
Signatory's Phone: 6466502207

Mailing Address:
   ADELMAN MATZ P.C.
   
   1173A SECOND AVENUE, SUITE 153
   NEW YORK, New York 10065

RAM Sale Number: 88415077
RAM Accounting Date: 04/15/2020

Serial Number: 88415077
Internet Transmission Date: Wed Apr 15 12:05:08 ET 2020
TEAS Stamp: USPTO/SOU-XXX.X.XXX.XX-20200415120508150
777-88415077-710c79441e01c4388fd676a5a4e
4012d0aaaf826b1cb4b5cc87dad0797ec7561c98
-CC-05061115-20200415120132868478