Statement of Use

PTO- 1553

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1553

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: SEM(Standard Characters, see http://uspto.report/TM/88854462/mark.png)
SERIAL NUMBER: 88854462


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
MARION SYSTEMS, LLC, having an address of
      1527 Stockton Street
      3rd Floor
      San Francisco, California 94133
      United States
      Email: XXXX


The owner is submitting the following allegation of use information:

For International Class 009:
Current identification: recorded and downloadable software for creating and processing music and sounds; recorded and downloadable user interface software for controlling musical instruments

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are permanently deleted: recorded and downloadable user interface software for controlling musical instruments

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: recorded and downloadable software for creating and processing music and sounds;
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 07/00/2022, and first used in commerce at least as early as 07/00/2022, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) website featuring a photograph of the goods bearing the mark and offering the goods for sale.

Original PDF file:
SPN0-742208179-2023040214 5448532805_._SEM_specimen.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3

Webpage URL: http://blackoctopus-sound.com/product/gforce-sem/
Webpage Date of Access: 04/02/2023

The applicant is not filing a Request to Divide with this Allegation of Use form. Correspondence Information
      David M. Kelly
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@kelly-ip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): david.kelly@kelly-ip.com; kelly.kurtz@kelly-ip.com

The docket/reference number is 611.0005.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization 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.

Signature: /David Gibbons/      Date Signed: 04/04/2023
Signatory's Name: David Gibbons
Signatory's Position: CEO
Signature method: Sent to third party for signature

PAYMENT: 88854462
PAYMENT DATE: 04/04/2023

Serial Number: 88854462
Internet Transmission Date: Tue Apr 04 12:41:27 ET 2023
TEAS Stamp: USPTO/SOU-XX.XXX.XX.XX-20230404124129334
319-88854462-850c14c39215693874ac74f5ac3
27564ace443b11650e38584e2754b0d1904d5e-C
C-41279495-20230403113752773511