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NOTICE OF ALLOWANCE (NOA)
ISSUE DATE: Oct 29, 2019 |
U.S. Serial Number: 88415082
Mark: B (Stylized/Design)
Docket/Reference Number:
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| No opposition was filed for this published application. The issue date of this NOA establishes the due date for the filing of
a Statement of Use (SOU) or a Request for Extension of Time to file a Statement of Use (Extension Request). WARNING: An SOU that meets all legal requirements must be filed before a registration
certificate can issue. Please read below for important information regarding the applicant's pending six (6) month deadline. |
| SIX (6)-MONTH DEADLINE: Applicant has six (6) MONTHS from the NOA issue date to file either: |
| - |
An SOU, if the applicant is using the mark in commerce (required even if the applicant was using the mark at the time of filing the
application, if use basis was not specified originally); OR |
| - |
An Extension Request, if the applicant is not yet using the mark in commerce. If an Extension Request is filed, a new request must
be filed every six (6) months until the SOU is filed. The applicant may file a total of five (5) extension requests. WARNING: An SOU may not be filed more than thirty-six
(36) months from when the NOA issued. The deadline for filing is always calculated from the issue date of the NOA. |
How to file SOU and/or Extension Request:
Use the Trademark Electronic Application System (TEAS). Do NOT reply to this e-mail, as e-mailed filings will NOT be processed. Both the SOU and Extension Request have many
legal requirements, including fees and verified statements; therefore, please use the USPTO forms available online at http://www.gov.uspto.report/trademarks-application-process/filing-online (under the "INTENT-TO-USE (ITU) FORMS" category) to avoid the possible omission of required information.
If you have questions about this notice, please contact the Trademark Assistance Center at 1-800-786-9199. |
| FAILURE TO FILE A REQUIRED DOCUMENT OUTLINED ABOVE DURING THE APPROPRIATE TIME PERIOD WILL RESULT IN THE ABANDONMENT OF THIS
APPLICATION. |
REVIEW APPLICATION INFORMATION FOR ACCURACY |
| Serial Number: |
88415082
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| Mark: |
B (Stylized/Design)
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| Docket/Reference Number: |
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| Owner: |
BEATPORT LLC
Suite 318
Zeppelin Station, 3501 Wazee Street
Denver , COLORADO 80216
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| Correspondence Address: |
SARAH M. MATZ
ADELMAN MATZ P.C.
1173A SECOND AVENUE, SUITE 153
NEW YORK, NY 10065
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This application has the following bases, but not necessarily for all listed goods/services: |
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Section 1(a): NO |
Section 1(b): YES |
Section 44(e): NO |
| GOODS/SERVICES BY INTERNATIONAL CLASS |
| 009 - |
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 -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE:
NONE |
| 035 - |
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 -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE |
| 038 - |
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 -- FIRST USE DATE: NONE; -- USE IN COMMERCE
DATE: NONE |
| 041 - |
Entertainment services, namely, providing an Internet website portal in the field of music featuring non-downloadable music recordings and digital music stems and
loops -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE |
| 042 - |
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; providing a web site featuring technology that enables users of a subscription service to view online
streaming non-downloadable visual and audio recordings in the field of entertainment -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE |
ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED.
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| Appropriate Specimens for Goods and/or Services: A trademark specimen should be a label, tag, or container for the goods, or a
display associated with the goods. See TMEP §§904.03 et seq. A service mark specimen should be an advertisement, sign, brochure, website printout or other image that shows the mark used in the actual
sale or advertising of the services. See TMEP §§1301.04 et seq. For an instructional video on what is an appropriate trademark or service mark specimen for a good and/or service, click here. |
| Fraudulent statements may result in registration being cancelled: Applicants must ensure that statements made in filings to the
USPTO are accurate, as inaccuracies may result in the cancellation of any issued trademark registration. The lack of a bona fide intention to use the mark with ALL goods and/or services listed
in an application or the lack of actual use on all goods and/or services for which use is claimed could jeopardize the validity of the registration, possibly resulting in its
cancellation. |
| Additional information: For information on filing and maintenance requirements for U.S. trademark applications and registrations
and required fees, please consult the USPTO website at http://www.uspto.gov or call the Trademark Assistance Center at 1-800-786-9199. |
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