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: 90008102

Filing Date: 06/18/020

To the Commissioner for Trademarks:

MARK: STORM (Standard Characters, see mark)
The literal element of the mark consists of STORM. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Storm Inc., a corporation of Delaware, having an address of
      # 8459
      2093 Philadelphia Pike
      Claymont, Delaware 19703
      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 038:  Transmission of podcasts

In International Class 038, 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 10/30/2019, and first used in commerce at least as early as 10/30/2019, 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) The specimens consist of an image taken of the website www.storm.audio, which was taken on June 17, 2020. Other specimens are of the download screen of the app on which the services are provided which were taken from the Apple App Store on June 17, 2020. The last specimen is an image of the app on which the services are offered as display on a mobile phone taken on June 17, 2020..
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5

International Class 041:  Production of podcasts; entertainment services, namely providing podcasts of general interest topics.

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 10/30/2019, and first used in commerce at least as early as 10/30/2019, 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) The specimens consist of an image taken of the website www.storm.audio, which was taken on June 17, 2020. Other specimens are of the download screen of the app on which the services are provided which were taken from the Apple App Store on June 17, 2020. The last specimen is an image of the app on which the services are offered as display on a mobile phone taken on June 17, 2020..
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5



For informational purposes only, applicant's website address is: www.storm.audio

The owner's/holder's proposed attorney information: David P. Sharrow. Other appointed attorneys are Aaron G. Rubin, Katherine S. Gardner. David P. Sharrow of Gunderson Dettmer Stough Villeneuve Franklin & Hachigian, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      17th Floor
      220 West 42nd Street
      New York, New York 10036
      United States
      212-430-3161(phone)
      dsharrow@gunder.com

David P. Sharrow 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:

David P. Sharrow

PRIMARY EMAIL FOR CORRESPONDENCE: dsharrow@gunder.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 $550 has been submitted with the application, representing payment for 2 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: /taro_ugen/   Date: 06/18/2020
Signatory's Name: Taro Ugen
Signatory's Position: Chief Executive Officer
Payment Sale Number: 90008102
Payment Accounting Date: 06/18/2020

Serial Number: 90008102
Internet Transmission Date: Thu Jun 18 09:25:37 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2020061809253708
9562-90008102-710aac813ea13a6e1a816722a3
f8a07fa926473377c81e3684bb75e9d3ee52e8-C
C-25359313-20200617215819711502