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)

---

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: 88586902

Filing Date: 08/21/2019

To the Commissioner for Trademarks:

MARK: Legends Never Die (stylized and/or with design, see mark)
The literal element of the mark consists of Legends Never Die. The color(s) gray, red, purple, green, blue, brown, and black is/are claimed as a feature of the mark. The mark consists of a gray tombstone set in brown dirt, containing a blue window surrounded by green, red, and purple flowers, with the words Legends Never Die contained on the tombstone.
The applicant, Legends Never Die Entertainment Inc., a corporation of Canada, having an address of
      1102-1338 York Mills Rd.
      North York, Ontario M3A3M3
      Canada

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 025:  Hats; Shirts; Sweaters
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. (15 U.S.C. Section 1051(b)).

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1960554, filed 05/02/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


For specific filing basis information for each item, you must view the display within the Input Table.
International Class 035:  Management of performing artists; Online retail store services for downloadable digital music; Promoting the music of others by means of providing online portfolios via a website; Publicity agency services; Talent agency services

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 035, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 07/01/2019, and first used in commerce at least as early as 07/01/2019, 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) Screenshot of Youtube video promoting artist..

Original PDF file:
SPE0-1-9775140234-20190821125533997242_._screenshot_specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1960554, filed 05/02/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


For specific filing basis information for each item, you must view the display within the Input Table.
International Class 038:  Delivery of digital music by electronic transmission; Providing access to digital music websites on the Internet; Streaming of audiovisual material on the Internet

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 038, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 07/01/2019, and first used in commerce at least as early as 07/01/2019, 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) Screenshot of Youtube video streaming/delivering music..

Original PDF file:
SPE0-2-9775140234-20190821125533997242_._screenshot_specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1960554, filed 05/02/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.





The applicant hereby appoints Ryan S. Luft. Ryan S. Luft of Ryan S. Luft, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      3125 Kathleen Ave #116
      Greensboro, North Carolina 27408
      United States
      336-638-1789(phone)
      ryan@luftlaw.com (authorized).

Ryan S. Luft 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.

The applicant's current Correspondence Information:

Ryan S. Luft

Ryan S. Luft, PLLC

3125 Kathleen Ave #116

Greensboro, North Carolina 27408

336-638-1789(phone)

ryan@luftlaw.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant or the applicant's attorney, or the applicant's domestic representative at the email address provided in this application. I understand that a valid email 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 $675 has been submitted with the application, representing payment for 3 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: /Ryan S. Luft/   Date: 08/21/2019
Signatory's Name: Ryan S. Luft
Signatory's Position: Attorney of record, North Carolina bar member
Signatory's Phone Number: 336-638-1789
Payment Sale Number: 88586902
Payment Accounting Date: 08/21/2019

Serial Number: 88586902
Internet Transmission Date: Wed Aug 21 13:46:05 EDT 2019
TEAS Stamp: USPTO/FTK-XX.XX.XXX.XXX-2019082113460533
4791-88586902-610b2417146bd241a64d8b3381
bfd6ab529a72bb6d18a2e6d17b40fd39fd2e30-C
C-46042356-20190821134205286616