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: 88468690

Filing Date: 06/11/2019

To the Commissioner for Trademarks:

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

The literal element of the mark consists of SXM.
The mark consists of letters "SXM" with three curved lines on each side. Color is not claimed as a feature of the mark.
The applicant, SIRIUS XM RADIO INC., a corporation of Delaware, having an address of
      1221 AVENUE OF THE AMERICAS, 36TH FLOOR
      NEW YORK, New York 10020
      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 038:  Subscription-based radio broadcasting services
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.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4617858, 4617857, and 4787592.

The applicant's current Attorney Information:
      ERICA D. KLEIN and Robert C.J. Tuttle, Mark A. Cantor, Elizabeth F. Janda, Maria F. Angileri, Chanille Carswell, Robyn S. Lederman, Molly Mack Crandall, Hope V. Shovein, Amy C. Leshan, Jennifer K. Ziegler, Anna K. Robinson of BROOKS KUSHMAN P.C.      1000 TOWN CENTER, 22ND FLOOR
      SOUTHFIELD, Michigan 48075
      United States
      248-358-4400(phone)
      248-358-3351(fax)
      trademarks@brookskushman.com (authorized)
The attorney docket/reference number is SIR0192TUS.

The applicant's current Correspondence Information:

ERICA D. KLEIN

BROOKS KUSHMAN P.C.

1000 TOWN CENTER, 22ND FLOOR

SOUTHFIELD, Michigan 48075

248-358-4400(phone)

248-358-3351(fax)

trademarks@brookskushman.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 $275 has been submitted with the application, representing payment for 1 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: /Erica D. Klein/   Date: 06/11/2019
Signatory's Name: ERICA D. KLEIN
Signatory's Position: ATTORNEY OF RECORDS, NEW YORK BAR MEMBER
Payment Sale Number: 88468690
Payment Accounting Date: 06/12/2019

Serial Number: 88468690
Internet Transmission Date: Tue Jun 11 17:02:09 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2019061117020942
6224-88468690-6202a08b93746fd44e813d28e1
2d21b725e4bd6cc0bb1bbd5450801e967c9249cf
-DA-4092-20190611123225826938