TEAS Plus 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

TEAS Plus Application

Serial Number: 90254521

Filing Date: 10/14/2020

To the Commissioner for Trademarks:

MARK: Om Records (Standard Characters, see mark)
The literal element of the mark consists of Om Records. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Om Records LLC, a limited liability company legally organized under the laws of California, having an address of
      Suite 305
      1890 Bryant Street
      San Francisco, California 94110
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 009:  Musical sound recordings; Downloadable musical sound recordings

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 02/15/1995, and first used in commerce at least as early as 02/15/1995, 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) 1) Om Records 25 Year Anniversary Album Cover and Vinyl Set; 2) Om Records 25 Year Anniversary Album Promotional Art, available on Om Record's Online Store at http://store.om-records.com/album/om-records-25-years (captured 10/8/20); 3) Screenshot of Om Records Online Store available at http://store.om-records.com/album/om-records-25-years (captured 10/8/20) containing links to purchase either a physical or digital copy of the Om Records 25 Year Anniversary Album; 4) Screenshot of Om Records Online Store available at http://store.om-records.com/music (captured 10/8/20) containing links to various albums for purchase; 5) Screenshot of Om Records Online Store available at http://store.om-records.com/album/om-records-25-years (captured 10/8/20) containing links to purchase either a physical or digital copy of the Om Records 25 Year Anniversary Album; 6) Screenshot of Om Records Online Store available at http://store.om-records.com/album/om-records-25-years (captured 10/8/20) containing links to purchase either a physical or digital copy of the Om Records 25 Year Anniversary Album; 7) Screenshot of Internet Archive for omrecords.com homepage on 11/20/2002, available at http://web.archive.org/web/20021120000107/http://omrecords.com/ (captured on 10/8/20); 8) Photograph of back of album "The Groove Active Collection" released by Om Records in 1995; 9) Detail of Photograph of back of album "The Groove Active Collection" released by Om Records in 1995..
JPG file(s):
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Original PDF file:
SPE0-5020114556-202010081 54157509804_._Om_records_ SHOP_online.pdf
Converted PDF file(s) (14 pages)
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Original PDF file:
SPE0-5020114556-202010081 54157509804_._Om_Records_ -_25_Years___Om_Records.pdf
Converted PDF file(s) (2 pages)
Specimen File1
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Original PDF file:
SPE0-5020114556-202010081 80815816561_._OmRecords_T heGrooveActive_1995_back2.pdf
Converted PDF file(s) (1 page)
Specimen File1

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 038:  Transmission and delivery of digital music via the internet.

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 038, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 09/28/2003, and first used in commerce at least as early as 09/28/2003, 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) 1) Screenshot of the Om Records Store webpage, showing transmission and delivery of digital music, available at http://store.om-records.com/album/om-records-25-years (captured 10/13/2020); 2) Screenshot of Om Record's publicly available Spotify account (captured 10/8/2020); 3) Screenshot of Om Record's publicly available YouTube account, available at http://www.youtube.com/channel/UCJF5ksbhyK_zb4pHba_R22w (captured 10/8/2020); 4) Screenshot of OM Record's online store, with links to purchase and download digital music via the internet, available at http://store.om-records.com/album/om-records-25-years (captured 10/8/2020)..
JPG file(s):
Specimen File1
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Original PDF file:
SPE0-5020114556-202010131 44752150792_._Om_Records_ -_YouTube.pdf
Converted PDF file(s) (4 pages)
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For specific filing basis information for each item, you must view the display within the Input Table.
International Class 041:  Entertainment services in the nature of presenting live musical performances; Entertainment services in the nature of recording, production and post-production services in the field of music; Production of sound recordings

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 041, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 02/15/1995, and first used in commerce at least as early as 02/15/1995, 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) 1) Om Records "About" page, available at http://www.om-records.com/about (captured 10/8/2020); 2) Om Records Facebook Event page, available at http://www.facebook.com/events/495246514359661/?acontext=%7B%22source%22%3A5%2C%22action_history%22%3A[%7B%22surface%22%3A%22page%22%2C%22mechanism%22%3A%22main_list%22%2C%22extra_data%22%3A%22%5C%22[]%5C%22%22%7D]%2C%22has_source%22%3Atrue%7D (captured 10/13/2020); 3) Om Records Facebook Events page, available at http://www.facebook.com/omrecords/events/ (captured 10/13/2020); 4) Om Records Facebook Event page, available at http://www.facebook.com/events/830539727016755/?acontext=%7B%22source%22%3A5%2C%22action_history%22%3A[%7B%22surface%22%3A%22page%22%2C%22mechanism%22%3A%22main_list%22%2C%22extra_data%22%3A%22%5C%22[]%5C%22%22%7D]%2C%22has_source%22%3Atrue%7D (captured 10/13/2020); 5) Clipping from 10/23/1997 issue of the Independent Florida Alligator featuring article on Om Records Deep Concentration Tour; 6) Clipping from 10/8/1997 issue of Almanac (Blotter) featuring article on Om Records Deep Concentration Tour; 7) Promotional material for Om Records Deep Concentration Tour 2000 appearing in Elevation magazine, Issue 18, Vol. 2, No. 6; 8) Article from My AOL/Reuters Music entitled "A mixed bag at Sounds of Om" dated 05/07/2001, originally available and accessed at http://my.aol.com/news/news_story.psp?type=1&cat=0806&id=0105070023040427 (captured 05/07/01); 9) Promotional material for OM:Miami 2007 event on 03/22/2007.; 1) Screenshot of Om Records Facebook page, available at http://www.facebook.com/omrecords (captured 10/8/20); 2) Screenshot of Om Records Contact page, available at http://www.om-records.com/contact (captured 10/8/20); 3) Screenshot of Om Records Online Store, available at http://store.om-records.com/album/om-records-25-years (captured 10/8/20); 4) Screenshot of Om Records Instagram Page, available at http://www.instagram.com/omrecords/ (captured 10/8/20); 5) Screenshot of Om Records Online Store, available at http://store.om-records.com/album/om-records-25-years (captured 10/8/20); 6) Screenshot of Om Records Spotify Homepage, available on the Spotify application (captured 10/8/20); 7) Screenshot of Om Records Twitter Account Homepage, available at http://twitter.com/omrecords (captured 10/8/20); 8) Article published by Forbes about Om Records, available at http://www.forbes.com/sites/lisakocay/2020/07/10/exclusive-track-by-track-om-records--25-years-anniversary-compilation/#3b4aec9273ce (captured 10/8/20); 9) Article published by Billboard about Om Records, available at http://www.billboard.com/articles/news/dance/9439717/om-records-label-spotlight (captured 10/8/10); 10) Image of Om Records 25 Year Anniversary Album Cover and Vinyl..
JPG file(s):
Specimen File1
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Original PDF file:
SPE0-5020114556-202010131 44752150792_._About___OM_ RECORDS.pdf
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Original PDF file:
SPE0-5020114556-202010131 44752150792_._EVENTS_1.pdf
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Original PDF file:
SPE0-5020114556-202010131 44752150792_._EVENTS_2.pdf
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Original PDF file:
SPE0-5020114556-202010131 44752150792_._EVENTS_3_-_ Oldest.pdf
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Original PDF file:
SPE0-5020114556-202010141 13038481312_._2001_Om_Tou r.pdf
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Original PDF file:
SPE0-5020114556-202010081 54157509804_._A9Rmmz2a2_1 2167fg_f5w.pdf
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Original PDF file:
SPE0-5020114556-202010081 54157509804_._Contact___O M_RECORDS.pdf
Converted PDF file(s) (2 pages)
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Original PDF file:
SPE0-1-5020114556-2020100 8154157509804_._Om_Record s_-_25_Years___Om_Records.pdf
Converted PDF file(s) (2 pages)
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Original PDF file:
SPE0-5020114556-202010081 54157509804_.__By_Track_O n__Om_Records___25_Years_ _Anniversary_Compilation.pdf
Converted PDF file(s) (16 pages)
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Original PDF file:
SPE0-5020114556-202010081 54157509804_._ords_Is_Sti ll_Aiming_For_That_Gooseb umps_Feeling___Billboard.pdf
Converted PDF file(s) (9 pages)
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Disclaimer
No claim is made to the exclusive right to use Records apart from the mark as shown.

Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 2161510.

SECTION 2(f) Claim of Acquired Distinctiveness, BASED ON EVIDENCE
The mark has become distinctive of the goods/services, as demonstrated by the attached evidence.
   The applicant submits the following evidence to support the §2(f) claim:

Original PDF file:
e2f-1-5020114556-15415750 9_._ords_Is_Still_Aiming_ For_That_Goosebumps_Feeli ng___Billboard.pdf
Converted PDF file(s) (9 pages)
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Original PDF file:
e2f-5020114556-154157509_ ._reducedSFChronicle_0803 20_Print.pdf
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2(f) evidence-2
Original PDF file:
e2f-5020114556-154157509_ ._San_Francisco_s_Om_Reco rds_Celebrates_25_Years_- _SF_Weekly.pdf
Converted PDF file(s) (5 pages)
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Original PDF file:
e2f-5020114556-154157509_ ._reducedShiny_Objects.pdf
Converted PDF file(s) (12 pages)
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Original PDF file:
e2f-1-5020114556-15415750 9_.__By_Track_On__Om_Reco rds___25_Years__Anniversa ry_Compilation.pdf
Converted PDF file(s) (16 pages)
2(f) evidence-1
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Original PDF file:
e2f-5020114556-154157509_ ._A9Rmmz2a2_12167fg_f5w.pdf
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2(f) evidence-1

Miscellaneous Statement
Prior registration No. 2161510 is not "active." That registration was canceled on 03/05/2005 for failure of the owner, Pyramid Interactive, Inc. to file a declaration under Section 8. Pyramid Interactive, Inc. dba Om Records is the predecessor-in-interest to applicant Om Records, LLC, which currently owns the "Om Records" trademark pursuant to a written assignment.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.

For informational purposes only, applicant's website address is: http://www.om-records.com/
The owner's/holder's proposed attorney information: Kyle P O'Malley. Other appointed attorneys are David M. Given (CA State Bar # 142375). Kyle P O'Malley of Phillips, Erlewine, Given & Carlin 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
      Suite 201
      39 Mesa Street
      San Francisco, California 94129
      United States
      415-398-0900(phone)
      4153980911(fax)
      kpo@phillaw.com

Kyle P O'Malley 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:

Kyle P O'Malley

PRIMARY EMAIL FOR CORRESPONDENCE: kpo@phillaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dmg@phillaw.com; tla@phillaw.com 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 $675 has been submitted with the application, representing payment for 3 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: /Kyle P. O'Malley/   Date: 10/14/2020
Signatory's Name: Kyle P O'Malley
Signatory's Position: Attorney of record, California Bar member
Signatory's Phone Number: 415-398-0900
Payment Sale Number: 90254521
Payment Accounting Date: 10/14/2020

Serial Number: 90254521
Internet Transmission Date: Wed Oct 14 14:39:23 ET 2020
TEAS Stamp: USPTO/FTK-XX.XXX.XXX.XX-2020101414392302
9728-90254521-7509569bbe6cb5bc0a988df403
63bf65f354c87696389f6a8d5fddb3c7276f8c2-
CC-39213392-20201014142754571802