TEAS Plus 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

TEAS Plus Application

Serial Number: 88428482

Filing Date: 05/14/2019

To the Commissioner for Trademarks:

MARK: Top Flight (Standard Characters, see mark)
The mark in your application is Top Flight.


The applicant, Krieg T. McClure, DBA Top Flight, a citizen of United States, having an address of
      2300 Wakefield Plantation Drive
      Raleigh, North Carolina 27614
      United States
      919-696-8744(phone)
      XXXX

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:

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 009:  Audio recordings featuring Music, Podcasts; Compact discs featuring music; Digital music downloadable from the Internet; Digital media, namely, pre-recorded DVDs, downloadable audio and video recordings, and CDs featuring and promoting music; Downloadable MP3 files and MP3 recordings featuring music; Downloadable MP3 files, MP3 recordings, on-line discussion board posts, webcasts, webinars and podcasts, news, and audio books in the field of music; Downloadable musical sound recordings; Downloadable ring tones, graphics and music via a global computer network and wireless devices; Downloadable Music via the internet and wireless devices

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 11/13/2011, and first used in commerce at least as early as 06/02/2012, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) "Online Music Commerce" displays music that I currently have for sale online. "Digital Sale" displays music available for download. "Earliest Engagement" displays the first EP of music I had for sale back in 2012.; "CD Sale" displays the very first compact discs featuring music that I had for sale. "Earliest Engagement" displays the first EP of music I had for sale back in 2012..
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 041:  Entertainment services in the nature of live musical performances; Entertainment services, namely, live appearances by a musician; Entertainment services, namely, personal appearances by a musician; Entertainment services, namely, televised appearances by a musician; Entertainment, namely, live music concerts; Entertainment, namely, live performances by a musical band

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 041, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 11/13/2011, and first used in commerce at least as early as 06/02/2012, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) "Ticket Sale" demonstrates a ticket purchased for a Top Flight show on March 18th 2012. "Final Poster" displays a promotional flyer created for one of Top Flight's show at the Lincoln on March 27th 2014..
Specimen File1
Specimen File2

The applicant's current Correspondence Information:

McClure, Krieg T.

2300 Wakefield Plantation Drive

Raleigh, North Carolina 27614

919-696-8744(phone)

krieg@flywiththefleet.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or 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 Plus 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 $450 has been submitted with the application, representing payment for 2 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: /Krieg McClure/   Date: 05/14/2019
Signatory's Name: Krieg McClure
Signatory's Position: President
Signatory's Phone Number: 919-696-8744
Payment Sale Number: 88428482
Payment Accounting Date: 05/14/2019

Serial Number: 88428482
Internet Transmission Date: Tue May 14 00:10:03 EDT 2019
TEAS Stamp: USPTO/FTK-XX.XX.XX.XX-201905140010031138
99-88428482-620ca752e3ac4fac87be947c740e
43b59506cde7a114cc3b3b6d3cc96e5a9e996c0-
CC-8482-20190513184714527369