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: 90279089

Filing Date: 10/26/2020

To the Commissioner for Trademarks:

MARK: NIVA (Standard Characters, see mark)
The literal element of the mark consists of NIVA. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, National Independent Venue Association, a non-profit organization legally organized under the laws of Pennsylvania, having an address of
      1 Penn Plaza #6263
      New York, New York 10119
      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:  Association, lobbying, publicity and promotional services, namely in the music and entertainment industry; film production and distribution; organization and provision of events, competitions, and recreational and cultural activities; provision of information relating to music and entertainment; all the aforesaid services also provided on-line from a computer database or from the Internet.

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 04/09/2020, and first used in commerce at least as early as 04/09/2020, 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 specimen shows the NIVA mark on the organization's website at the URL http://www.nivassoc.org/members, accessed and printed on October 23, 2020. Here, a user can click the "JOIN NOW" button. This takes the user to the form on the second next page of the specimen. This form also features the NIVA mark and describes in detail some of the organization's services..

Original PDF file:
SPE0-162238125113-2020102 6175450996273_._Class_41_ and_35_-_Website_and_Memb er_Form.pdf
Converted PDF file(s) (6 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6

International Class 035:  Association, lobbying, publicity and promotional services, namely in the music and entertainment industry.

In International Class 035, 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 04/09/2020, and first used in commerce at least as early as 04/09/2020, 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 specimen shows the NIVA mark on the organization's website at the URL http://www.nivassoc.org/members, accessed and printed on October 23, 2020. Here, a user can click the "JOIN NOW" button. This takes the user to the form on the second next page of the specimen. This form also features the NIVA mark and describes in detail some of the organization's services..

Original PDF file:
SPE0-1-162238125113-20201 026175450996273_._Class_4 1_and_35_-_Website_and_Me mber_Form.pdf
Converted PDF file(s) (6 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6

International Class 025:  Clothing, namely men's, women's, and children's t-shirts, shirts, polos, tank tops, shorts, pants, jackets, socks, and aprons; headwear, namely hats, beanies, masks, bandanas, and headbands.

In International Class 025, 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 04/09/2020, and first used in commerce at least as early as 04/09/2020, 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 specimen shows the NIVA mark on a t-shirt for sale on the organization's website at the URL http://www.nivassoc.org/merch, accessed and printed on October 23, 2020..

Original PDF file:
SPE0-162238125113-2020102 6175450996273_._Class_25_ -_Tshirt.pdf
Converted PDF file(s) (1 page)
Specimen File1

International Class 018:  Tote bags, sports bags, backpacks and rucksacks.

In International Class 018, 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 04/09/2020, and first used in commerce at least as early as 04/09/2020, 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 specimen shows the NIVA mark on a tote bag for sale on the organization's website at the URL http://www.nivassoc.org/merch, accessed and printed on October 23, 2020..

Original PDF file:
SPE0-162238125113-2020102 6175450996273_._Class_18_ -_Bag.pdf
Converted PDF file(s) (1 page)
Specimen File1


Miscellaneous Statement
The attachment is proof from the Pennsylvania Department of State website that the National Independent Venue Association is a non-profit organization registered in Pennsylvania.

Original PDF file:
MIS-162238125113-20201026 175450996273_._tional_Ind ependent_Venue_Associatio n_Non-Profit_Registration.pdf
Converted PDF file(s) (2 pages)
Miscellaneous File1
Miscellaneous File2


The owner's/holder's proposed attorney information: Clark Waldon. Clark Waldon of Holland Law LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      220 Montgomery Street, Suite 800
      San Francisco, California 94104
      United States
      415-200-4987(phone)
      cwaldon@hollandlawllp.com

Clark Waldon 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:

Clark Waldon

PRIMARY EMAIL FOR CORRESPONDENCE: cwaldon@hollandlawllp.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 $1100 has been submitted with the application, representing payment for 4 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: /Clark Waldon/   Date: 10/26/2020
Signatory's Name: Clark Waldon
Signatory's Position: Attorney of record, Holland Law LLP, California Bar member
Payment Sale Number: 90279089
Payment Accounting Date: 10/26/2020

Serial Number: 90279089
Internet Transmission Date: Mon Oct 26 18:08:50 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20201026180850
392050-90279089-750505ce4bec7506c5b9613c
be9e8d7fc7129ea1f85f75cb57ea6e294d7d2dc2
5-CC-08496218-20201026175450996273