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

Serial Number: 90174961

Filing Date: 09/11/2020

To the Commissioner for Trademarks:

MARK: MuzicSwipe (Standard Characters, see mark)
The literal element of the mark consists of MuzicSwipe. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, MuzicFly LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      3114 N Bay Rd
      Miami Beach, Florida 33140
      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 009:  Computer software and computer software platforms for music and video streaming, social media, broadcasting, transmitting, reproducing music, and spoken word and video performances; downloadable computer software and computer software platforms for streaming, broadcasting, transmitting and reproducing music and videos; computer software and computer software platforms for use in the delivery, distribution and transmission of digital music and entertainment-related audio, video, text and multimedia content; downloadable computer software and computer software platforms for providing music, spoken word and video performances; computer software and computer software platforms for use in downloading, transmitting, receiving, editing, extracting, encoding, decoding, playing, storing and organizing text, data, images, audio and video files in connection with digital software technologies, music players, video players, media players and portable and handheld digital electronic devices; computer software and computer software platforms for use in organizing, transmitting, manipulating, and reviewing text, data, audio files, and video files in connection with digital software technologies, music players, video players, media players and portable and handheld digital electronic devices; computer software and computer software platforms to enable users to program audio, video, text and other multimedia content, namely, music, concerts, videos, radio, podcasts, live stream entertainment-related and educational programs via communications networks; computer software and computer software platforms for use with mobile phones, portable media players, and handheld digital software technologies for providing users with access to searchable databases; downloadable computer software and computer software platforms for creating searchable databases of information, data, and digital music and video; downloadable technical digital software for wireless content delivery; downloadable software for digital software technologies and mobile devices providing search functionality and featuring an entertainment database; downloadable computer software and computer software platforms for accessing information on a global computer network or other communications network; downloadable computer software and computer software platforms for transmitting, receiving, downloading, streaming, and displaying content, text, visual works, audiovisual works, data, files and electronic works via a global computer network or other communications network; downloadable computer software and computer software platforms for formatting and converting content, text, visual works, audiovisual works, data, files and electronic works into a format compatible with portable electronic devices and digital software technologies; downloadable computer software and computer software platforms enabling content, text, visual works, audiovisual works, data, files and electronic works to be downloaded to and accessed on a smart phone or other portable consumer electronic device; downloadable music and video files.
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 016:  Paper artist passes, printed artist passes and certificates, digitally, magnetically and non-magnetically encoded prepaid virtual purchase cards and wallet passes for online purchase of entertainment content via the Internet.
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:  Providing online retail store services featuring music recordings, spoken word recordings, video recordings, merchandise, and music related products; Providing advertising space for others on the Internet; Subscription-based and online retail store services featuring downloadable pre-recorded music, video and audio; online ordering services featuring pre-recorded music, video and audio.
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:  Digital media streaming services; streaming of music and other digital media content over a global computer network and other communications networks; Internet broadcasting services; Radio broadcasting; Podcasting and broadcasting services, namely, digital audio and video broadcasting services provided via a global computer network; Subscription-based audio and visual broadcasting via 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.

International Class 041:  Providing reviews, commentary and information in the field of music and spoken word and video recordings over a global computer network and other communications networks; entertainment services, namely, providing non-downloadable live and pre-recorded music and spoken word and video recordings by means of audio and video transmission over a global computer network and other communications networks; entertainment services, namely, providing information in the field of music and spoken word and video recordings over a global computer network and other communications networks; entertainment services, namely, providing online reviews of music, and spoken word and video recordings; entertainment services, namely, profiling of musicians, artists and bands by providing non-downloadable video clips of music, spoken word and video performances over a global computer network; entertainment services, namely, making music, spoken word and video recording recommendations based on user generated data over a global computer network and other communications networks; Entertainment services, namely, providing downloadable and non-downloadable playback of music via global communications networks; Entertainment services, namely, providing non-downloadable prerecorded music, comedy, and spoken word and video recordings; providing information in the field of music, and spoken word, and providing and commentary and articles about music, and spoken word and video recordings and performances, all online via a global computer network; Providing an Internet website portal in the field of music, and spoken word and video; Entertainment services, namely, providing downloadable and non-downloadable pre-recorded music via a global communications network and providing downloadable and non-downloadable pre-recorded music, and spoken word and video recordings according to consumer preferences via a global communications network; Entertainment services, namely, providing a website featuring downloadable and non-downloadable audio recordings, video recordings, music, music videos, albums, artists, songs, related film clips, photographs, and other multimedia materials in the fields of music, spoken word and video, and radio; providing downloadable and non-downloadable pre-recorded audio recordings, video recordings, spoken word, and information in the fields of music, spoken word and video, and radio, and commentary and articles thereon, all online via a global communications network; providing downloadable and non-downloadable playback of music, and spoken word and video and providing downloadable and non-downloadable pre-recorded music, spoken word according to consumer preferences, all via a global communications network; providing an Internet website portal in the fields of music, spoken word and video recordings, and radio; Subscription based website featuring music, and spoken word and video recordings and information about music, albums, artists and songs.
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:  Providing a web site featuring technology that allows users to input their selections of characteristics for music, or that identifies characteristics of music based on user selections, so that profiling can be completed and recommendations provided based on those characteristics; providing temporary use of downloadable and non-downloadable software provided over global computer networks for creating entertainment and information profiles based on user selections of entertainment and information options or based on user specification of characteristics of entertainment and information, and recommending other entertainment and information based on such selections and specifications; providing temporary use of downloadable and non-downloadable software for downloading, streaming, broadcasting, transmitting, editing, extracting, encoding, decoding, playing, storing, organizing and reproducing music; Providing a website featuring technology that enables users to create personalized music channels for independent, simultaneous listening, and share channels with other users; Providing an interactive website featuring technology that allows users to consolidate and manage voice, data, video, and media content in the fields of music, video and radio.
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 owner's/holder's proposed attorney information: Scott Kareff. Other appointed attorneys are John Garces, Edward Sadtler and Jennifer Gordon. Scott Kareff of Schulte Roth & Zabel 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
      25nd Floor
      919 Third Avenue
      New York, New York 10022
      United States
      212-756-2132(phone)
      212-593-5955(fax)
      scott.kareff@srz.com
The docket/reference number is 500410.0002.
Scott Kareff 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:

Scott Kareff

PRIMARY EMAIL FOR CORRESPONDENCE: scott.kareff@srz.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 $1650 has been submitted with the application, representing payment for 6 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: /Eric J Dalius/   Date: 09/11/2020
Signatory's Name: Eric J. Dalius
Signatory's Position: Managing Member
Payment Sale Number: 90174961
Payment Accounting Date: 09/11/2020

Serial Number: 90174961
Internet Transmission Date: Fri Sep 11 16:02:37 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2020091116023797
6485-90174961-75063ad206dfda8181c415e7c6
e043ea7ebfd62dfd62dcfdbe1983cd4b981f556b
-DA-02378375-20200831181051508531