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: 90257882

Filing Date: 10/15/2020

To the Commissioner for Trademarks:

MARK: SKULL-IQ (Standard Characters, see mark)
The literal element of the mark consists of SKULL-IQ. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Skullcandy, Inc., a corporation of Delaware, having an address of
      6301 N. Landmark Drive
      Park City, Utah 84098
      United States
      801-328-3131(phone)
      (801) 578-6999(fax)
      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 operating system software; Semiconductor processor chips; Microprocessors; Printed circuit boards; Electronic circuit boards; Computer memory devices; Downloadable mobile data communications software to process voice commands; Remote control apparatuses, namely, remote control apparatuses in the nature of a remote control for earphones, headphones, computers, internet services, mobile electronic devices, wearable electronic devices, audio and video players and recorders; Apparatus for voice recording, voice printing, and voice recognition; Wireless communication devices for the transmission of voice, data, and audio content; Electronic voice command and recognition apparatus in the nature of headphones and earphones with remote controls for controlling computers, internet services, applications, mobile electronic devices, wearable electronic devices, audio and video players and recorders; Electronic devices providing mobile navigation through 3D audio spatialization; Downloadable and recorded software application featuring mobile navigation through 3D audio spatialization; 3D audio speakers; Biometric sensors to collect and track health data and activity; Biometric sensors to identify individuals; Downloadable and recorded computer software for monitoring, measuring, storing, analyzing, and communicating exercise information, activity information and personal information; Downloadable and recorded software application for voice recording, voice printing and voice recognition; Downloadable and recorded computer software for encryption and security features; Downloadable and recorded software that uses artificial intelligence to hear and interpret data, to connect with hardware and software, and to store, manage and process data in the cloud
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:  Platform as a service featuring software for use in connecting mobile devices, headphones, and earphones with internet services and mobile applications; Providing online non-downloadable software for use in the field of 3D audio spatialization; Providing online non-downloadable voice recording, voice printing and voice recognition software; Providing online non-downloadable software for encryption and security features; Providing online non-downloadable software that uses artificial intelligence to hear and interpret data, to connect with hardware and software, and to store, manage and process data in the cloud
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: Catherine Parrish Lake. Other appointed attorneys are Joshua G. Gigger and Richard C. Scoville. Catherine Parrish Lake of STOEL RIVES 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
      201 South Main Street, Suite 1100
      Salt Lake City, Utah 84111
      United States
      801-328-3131(phone)
      (801) 578-6999(fax)
      tm-slc@stoel.com
The docket/reference number is 43664-14.
Catherine Parrish Lake 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:

Catherine Parrish Lake

PRIMARY EMAIL FOR CORRESPONDENCE: tm-slc@stoel.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: /James Nance/   Date: 10/15/2020
Signatory's Name: James Nance
Signatory's Position: Corporate Counsel & Administrative Officer
Payment Sale Number: 90257882
Payment Accounting Date: 10/15/2020

Serial Number: 90257882
Internet Transmission Date: Thu Oct 15 18:33:05 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XX-2020101518330557
3378-90257882-750f7f3205c2066d492e3ac0da
fe1f97b7a37f1788c5be381757ca65caf2c521d5
-CC-33041398-20201015175743076901