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: 88912832

Filing Date: 05/12/020

To the Commissioner for Trademarks:

MARK: CLASSIC REWIND (stylized and/or with design, see mark)
The literal element of the mark consists of CLASSIC REWIND. The mark consists of an illustration of a cassette tape with the word Classic appearing above the spindles and the word REWIND appearing below the spindles.
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
      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:

International Class 041:  Entertainment services, namely, providing on-going audio programs featuring music, talk, news and data via satellite, a global communications network, television, mobile telephone, or other electronic or digital communications network or device.

In International Class 041, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 11/15/2017, and first used in commerce at least as early as 11/15/2017, 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 from Applicant's website showing the mark as it is currently used in connection with the services.

Original PDF file:
SPE0-216150233122-20200511174416544693_._e__70s____80s_Classic_Rock_Music_Station__-_www.siriusxm.com.pdf
Converted PDF file(s) (1 page)
Specimen File1



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3882411.


The owner's/holder's proposed attorney information: ERICA D. KLEIN. Other appointed attorneys are Robert C.J. Tuttle, Mark A. Cantor, Elizabeth F. Janda, Robyn S. Lederman, Maria F. Angileri, Chanille Carswell, Molly Mack Crandall, Hope V. Shovein, Erica D. Klein, Amy C. Leshan, Jennifer K. Ziegler, Anna K. Robinson. ERICA D. KLEIN of BROOKS KUSHMAN P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      1000 TOWN CENTER, 22ND FLOOR
      SOUTHFIELD, Michigan 48075
      United States
      248-358-4400(phone)
      248-358-3351(fax)
      trademarks@brookskushman.com
The docket/reference number is SIR0108TUSA.
ERICA D. KLEIN 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:

ERICA D. KLEIN

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@brookskushman.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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 $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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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: 05/12/2020
Signatory's Name: ERICA D. KLEIN
Signatory's Position: ATTORNEY OF RECORD, NEW YORK BAR MEMBER
Payment Sale Number: 88912832
Payment Accounting Date: 05/12/2020

Serial Number: 88912832
Internet Transmission Date: Tue May 12 19:29:04 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20200512192904
126079-88912832-7106adff2ac6116ac92a1adf
1301f6f72da26ebadc1a86a9565ab5c7fe7eec91
433-DA-29033489-20200511174416544693