TEAS Plus New 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

TEAS Plus Application

Serial Number: 90539667

Filing Date: 02/22/2021

To the Commissioner for Trademarks:

MARK: Ruby Red (Standard Characters, see mark)
The literal element of the mark consists of Ruby Red. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Daniel N. Laner, a citizen of United States, having an address of
      5662 Maxwelton Road
      Oakland, California 94618
      United States
      424-333-9060(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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 009:  Musical recordings; Musical sound recordings; Musical video recordings; Compact discs featuring music; Digital music downloadable from the Internet; Phonograph records featuring music

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 02/16/2018, and first used in commerce at least as early as 02/16/2018, 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) Image of Apple Music page providing for downloadable .mp3 and/or physical copies of various musical sound recordings by Ruby Red band..
JPG file(s):
Specimen File1
Specimen File2
Specimen File3
Original File:
APPLICANT-SUPPLIED FILE (SOUND/MOTION)


Webpage URL: http://rubyredsound.bandcamp.com/
Webpage Date of Access: 02/22/2021
Webpage URL: http://www.amazon.com/Area-Affect-Explicit-Ruby-Red/dp/B088GS3LV8
Webpage Date of Access: 02/22/2021

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 025:  Hats; T-shirts; Sweatshirts; Graphic T-shirts; Hooded sweatshirts; Short-sleeved or long-sleeved t-shirts
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. (15 U.S.C. Section 1051(b)).

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 025, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 02/16/2018, and first used in commerce at least as early as 02/16/2018, 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) Image and link to Ruby Red hat merchandise for sale.; Images of Ruby Red's t-shirts, the band's promotional merchandise offered for sale at live shows and via the Band's webpage at link, infra..
Specimen File1
Specimen File2
Specimen File3

Webpage URL: http://www.rubyred.world/html/shop.html
Webpage Date of Access: 02/22/2021

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 041:  Entertainment services, namely, providing non-downloadable prerecorded music via a website; 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, namely, live performances by a musical band; Providing non-downloadable videos in the field of Music via a website; Providing online non-downloadable videos in the field of Music

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 02/16/2018, and first used in commerce at least as early as 02/16/2018, 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) Examples of musical flyer evidencing live performance by band, images of webpages with musical recordings available via non-downloadable, or streaming medium,; Example of non-downloadable video in the field of music by Ruby Red, streaming music video..
JPG file(s):
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Original File:
APPLICANT-SUPPLIED FILE (SOUND/MOTION)


Webpage URL: http://www.youtube.com/watch?v=vpO2xlz0f6w
Webpage Date of Access: 02/22/2021



The owner's/holder's proposed attorney information: Jeffrey J. Miles. Other appointed attorneys are Jeffrey Miles. Jeffrey J. Miles, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      920 Harrison Street, Apt. 11
      San Francisco, California 94107
      United States
      424-333-9060(phone)
      jeff@jeffmileslaw.com

Jeffrey J. Miles 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:

Jeffrey J. Miles

PRIMARY EMAIL FOR CORRESPONDENCE: jeff@jeffmileslaw.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 $750 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: /Jeffrey Miles/   Date: 02/22/2021
Signatory's Name: Jeffrey Miles
Signatory's Position: Attorney of Record
Signatory's Phone Number: 424-333-9060
Signature method: Signed directly within the form
Payment Sale Number: 90539667
Payment Accounting Date: 02/22/2021

Serial Number: 90539667
Internet Transmission Date: Mon Feb 22 17:51:27 ET 2021
TEAS Stamp: USPTO/FTK-XX.XX.XXX.XXX-2021022217512726
9397-90539667-77089da343a171c82e5d37441f
d96341635bfd92ff1b7ff2a5c16bf5fbf98d0c4-
CC-51263400-20210222155307661414