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: 88415082

Filing Date: 05/03/2019

To the Commissioner for Trademarks:

MARK: b (stylized and/or with design, see mark)

The literal element of the mark consists of b.
The mark consists of a rectangle overlapping a circle to form a lower case b.
The applicant, BEATPORT LLC, a limited liability company legally organized under the laws of Colorado, having an address of
      Suite 318
      Zeppelin Station, 3501 Wazee Street
      Denver, Colorado 80216
      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, namely, an application for music retail sales that allows users to browse and purchase music through third party platforms and hardware; Computer software for use in connection with an online music subscription service; Computer software for use in playing, organizing, downloading, transmitting, manipulating, and reviewing audio files; Computer software for use in the delivery, distribution and transmission of digital music and entertainment-related audio; Computer software for creating searchable databases of information; Computer software for accessing, browsing and searching online databases Downloadable music recordings, digital stems and loops for purchase
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.

       International Class 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
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.

       International Class 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
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.

       International Class 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; Entertainment services, namely, providing streamed and downloadable audio and video content to users through a subscription service provided online via a communication network
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.

       International Class 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
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.



The applicant's current Attorney Information:
      Sarah M. Matz and Gary Adelman of Adelman Matz P.C.      1173A Second Avenue, Suite 153
      New York, New York 10065
      United States
      646-650-2207(phone)
      (646) 650-2108(fax)
      sarah@adelmanmatz.com (authorized)

The applicant's current Correspondence Information:

Sarah M. Matz

Adelman Matz P.C.

1173A Second Avenue, Suite 153

New York, New York 10065

646-650-2207(phone)

(646) 650-2108(fax)

sarah@adelmanmatz.com;g@adelmanmatz.com; gpadocketing@gmail.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 $1375 has been submitted with the application, representing payment for 5 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: /Sarah M. Matz/   Date: 05/03/2019
Signatory's Name: Sarah M. Matz
Signatory's Position: Attorney of record, New York bar member
Payment Sale Number: 88415082
Payment Accounting Date: 05/06/2019

Serial Number: 88415082
Internet Transmission Date: Fri May 03 18:06:03 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201905031806039
95133-88415082-620f41b1ee6ad70ca604ebbe6
911df16f48fa89f477297ac234e42ab45287157c
b9-CC-5053-20190502125937541910