Application

PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 90507657

Filing Date: 02/03/2021

To the Commissioner for Trademarks:

MARK: MUZICSWIPE (stylized and/or with design, see mark)
The literal element of the mark consists of MUZICSWIPE. The applicant is not claiming color as a feature of the mark. The mark consists of the word "MUZICSWIPE" in all caps with a stylized "Z" in which the top horizontal line has an arrow pointing to the left and the bottom horizontal line has an arrow pointing to the right and the arrows signify a swiping motion.
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
      610-370-5519(phone)
      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:  Downloadable computer software for music and video streaming, broadcasting, transmitting and reproducing music, spoken word and video performances; downloadable computer software for streaming, broadcasting, transmitting and reproducing music and music videos; downloadable computer software for use in the delivery, distribution and transmission of digital music and entertainment-related audio, video, text and multimedia content; downloadable computer software for use in downloading, organizing, transmitting, manipulating, receiving, editing, extracting, encoding, decoding, playing, storing and organizing text, data, images, audio and video files; downloadable computer software to enable users to create audio, video, text and other multimedia content in the form of music, concerts, music videos and podcasts, and for live streaming of entertainment-related and educational programs via electronic communications networks; downloadable computer software for use with mobile phones, portable media players, and handheld digital software technologies for providing users with secure-access to searchable databases; downloadable computer software for creating searchable databases of information, data, digital music and music videos; downloadable computer software for transmitting, receiving, downloading, streaming, and displaying music, text, visual works, audiovisual works, data, files and electronic works of others via a global computer network or other electronic communications network; downloadable computer software 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; magnetically encoded gift cards for use in purchasing music and entertainment content
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:  Printed paper tickets and concert passes; printed paper backstage passes and certificates; Non-magnetically encoded gift cards for use in purchasing music and entertainment content
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, t-shirts, hats, banners, posters and music memorabilia; Providing and rental of advertising space on the internet; Subscription-based order fulfillment services in the field of music recordings, spoken word recordings, video recordings, t-shirts, hats, banners, posters and music memorabilia; computerized online ordering services featuring pre-recorded music, music videos and audio files of others
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:  Streaming of music, audio, visual and audiovisual material via a global computer network; Internet broadcasting services; Radio broadcasting; Transmission of podcasts of others; Podcast broadcasting services, namely, digital audio and video broadcasting services provided via a global computer network; Subscription-based audio and video 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, information, news and commentary in the field of music, music videos, spoken word and video recordings over a global computer network and other communications networks; Entertainment services, namely, providing non-downloadable prerecorded music, information in the field of music, and commentary and articles about music, all on-line via a global computer network; Entertainment services, namely, providing profiles 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, providing non-downloadable prerecorded music, comedy, spoken word and video recordings via a global computer network; Providing an Internet website portal featuring entertainment news and information specifically in the field of music; Entertainment services, namely, providing a website featuring non-downloadable audio recordings, video recordings, music, music videos, albums, songs, related film clips, photographs, and other multimedia materials in the fields of music and music videos
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 temporary use of non-downloadable software 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 non-downloadable software 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 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 these channels with other users; Providing a website featuring technology that allows users to consolidate, organize, and manage voice, data, video, and media content in the fields of music, 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, Jennifer Gordan and Edward Sadtler. 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
      25th Floor
      919 Third Avenue
      New York, New York 10022
      United States
      212-756-2132(phone)
      2125935955(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 $2100 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 dalius/   Date: 02/03/2021
Signatory's Name: Eric J. Dalius
Signatory's Position: Managing Member
Signatory's Phone Number: 610-370-5519
Signature method: Sent to third party for signature
Payment Sale Number: 90507657
Payment Accounting Date: 02/03/2021

Serial Number: 90507657
Internet Transmission Date: Wed Feb 03 16:01:37 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2021020316013782
9595-90507657-76045f0b039bad1ef72b085a5d
dfd48042ee80e20d3ce83dacae5c1445d1e781c-
DA-01371689-20210126170041172274