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: 90451682

Filing Date: 01/06/2021

To the Commissioner for Trademarks:

MARK: PERFORMANCE IS EVERYTHING (Standard Characters, see mark)
The literal element of the mark consists of PERFORMANCE IS EVERYTHING. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Audix Corporation, a corporation of Oregon, having an address of
      9400 SW Barber St.
      Wilsonville, Oregon 97070
      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:  microphones, microphone accessories, microphone kits, cables, microphone stands, boom arms

In International Class 009, 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 00/00/2000, and first used in commerce at least as early as 00/00/2000, 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) photographs of packaging for the products.
Specimen File1
Specimen File2



The owner's/holder's proposed attorney information: Ramon A. Klitzke II. Other appointed attorneys are Andrew T. Ball, Patrick M. Bible, Lisa M. Caldwell, J. Christopher Carraway, Roy Chamcharas, Kristin L. Cleveland, Robert T. Cruzen, Scott E. Davis, James G. DeRouin, Caroline L. Desmond, Christopher S. Duncan, Sandon M. Duncan, Ryan L. Frei, James E. Geringer, Michael P. Girard, Susan W. Graf, Carsten C. Grellmann, Jeffrey B. Haendler, Klaus H. Hamm, Kevin M. Hayes, Darrell C. Henderson, Joseph T. Jakubek, Sarah E. Jelsema, Alexa M. Johnston, Brandon J. Johnson, Cory A. Jones, Michael D. Jones, Ramon A. Klitzke II, Deakin T. Lauer, Jie Lian, Salumeh R. Loesch, Jeffrey S. Love, John M. Lunsford, Andrew M. Mason, Gregory L. Maurer, Ethan A. McGrath, Kyle B. Rinehart, Wayne R. Rupert, Sheree Lynn Rybak, Johanna P. Schwartz, Gregory K. Scott, Robert F. Scotti, Todd M. Siegel, Stacey C. Slater, Shelby A. Stepper, Samuel B. Thacker, Caitlin A. Thireault, Derrick W. Toddy, John D. Vandenberg, Mark W. Wilson, Garth A. Winn, and Travis Young, all members of the Bar of the State of Oregon. Ramon A. Klitzke II of Klarquist Sparkman, 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
      One World Trade Center
      121 SW Salmon Street, Suite 1600
      Portland, Oregon 97204
      United States
      503-595-5300(phone)
      503-595-5301(fax)
      ptotmdocket@klarquist.com
The docket/reference number is 978210518501.
Ramon A. Klitzke II 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:

Ramon A. Klitzke II

PRIMARY EMAIL FOR CORRESPONDENCE: ptotmdocket@klarquist.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ramon.klitzke@klarquit.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 $350 has been submitted with the application, representing payment for 1 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: /Cindy Bigeh/   Date: 01/06/2021
Signatory's Name: Cindy Bigeh
Signatory's Position: Chief Financial Officer
Signatory's Phone Number: 000-000-0000
Signature method: Sent to third party for signature
Payment Sale Number: 90451682
Payment Accounting Date: 01/06/2021

Serial Number: 90451682
Internet Transmission Date: Wed Jan 06 21:26:16 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-202101062126164
74170-90451682-760dbe45e094fc17c9ba99a94
a9c5b811379427b2b33cd06cb97ae996336ea2fa
-DA-26167389-20210104135850561541