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: 88729840

Filing Date: 12/17/2019

To the Commissioner for Trademarks:

MARK: AUDIBLE ESCAPE (stylized and/or with design, see mark)
The literal element of the mark consists of AUDIBLE ESCAPE. The applicant is not claiming color as a feature of the mark. The mark consists of the term "audible" stacked above the stylized and underlined term "escape." A graphic of three half circles over an open "V" appears to the upper, right of the word "audible.".
The applicant, Audible, Inc., a corporation of Delaware, having an address of
      Attn: Trademarks
      1 Washington Park, 16th Floor
      Newark, New Jersey 07102
      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 application software for mobile phones, mobile devices, and handheld computers for purchasing and downloading literary works and audiobooks in the nature of novels and short stories; computer application software for mobile phones, mobile devices, and handheld computers featuring recommendations and information for literary works and audiobooks in the nature of novels and short stories.
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:  Distributorship services in the field of literary and auditory works, including novels and short stories distributed from electronic storage to computers and mobile, portable playback players, tablets, smartphones, e-readers, and other electronic devices; Providing consumer product information via the Internet or other computer or communications network; Providing a website where users can post ratings, reviews and recommendations on products for commercial purposes
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 works via the Internet or other computer or communications network; Telecommunications services, namely, electronic transmission of streamed audio works via the Internet or other computer or communications networks; Telecommunications services, namely, transmission of data in audio format via the Internet or other computer or communications 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 041:  Providing a website featuring educational and entertainment services in the nature of audio programming electronically available with the use of an online interactive menu, such programming featuring audio copies of fiction textual work; Entertainment services, namely, providing online non-downloadable prerecorded audio programs, featuring books on a variety of topics; providing a website featuring the ratings, reviews and recommendations of users on events and activities in the field of entertainment and education; providing a website featuring the ratings and reviews of users about publications, namely, books on a variety of topics; Providing a website featuring recommendations and information for literary works and audiobooks in the nature of novels and short stories.
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:  Platform as a service (paas) featuring computer software platforms related to audio works; Platform as a service (paas) featuring computer software platforms for the online ordering, sampling and transmission of e-books, audio books, audio programs; Computer services, namely, providing search engines for locating information, resources, and the websites of others on a global computer 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.




The applicant hereby appoints Christopher L. Graff. Other appointed attorneys are All other attorneys with the firm. Christopher L. Graff of Pirkey Barber PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      1801 East 6th Street, Suite 300
      Austin, Texas 78702
      United States
      512-322-5200(phone)
      5123225201(fax)
      tmcentral@pirkeybarber.com (authorized).
The attorney docket/reference number is AUDB010US1.
Christopher L. Graff 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:

Christopher L. Graff

Pirkey Barber PLLC

1801 East 6th Street, Suite 300

Austin, Texas 78702

512-322-5200(phone)

5123225201(fax)

tmcentral@pirkeybarber.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant, 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 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: / Razwan Karamat Ali /   Date: 12/17/2019
Signatory's Name: Razwan Karamat Ali
Signatory's Position: SVP, Global Fin & Accounting
Payment Sale Number: 88729840
Payment Accounting Date: 12/17/2019

Serial Number: 88729840
Internet Transmission Date: Tue Dec 17 11:40:24 EST 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-201912171140248
31877-88729840-7005840ebf2e352b288ca26d0
54a710e36c15f359ed7101a5435327c2cc17d5-C
C-40230209-20191217090633899797