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: 90591173

Filing Date: 03/19/2021

To the Commissioner for Trademarks:

MARK: Audacity (stylized and/or with design, see mark)
The literal element of the mark consists of Audacity. The color(s) blue, red, orange, and yellow is/are claimed as a feature of the mark. The mark consists of the word Audacity in rounded block letters in blue gradient to the right of a pair of headphones with a soundwave as displayed in a digital audio workstation (DAW) flowing between the ear cups of the headphones in which the headphones are in blue, and the soundwave is in red, orange, and yellow.
The applicant, MuseCY SM Ltd., a corporation of Cyprus, having an address of
      Spyrou Kyprianou, 84 4004
      Limassol, Cyprus
      Cyprus
      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 creating, recording, editing, analyzing, and mixing digital audio and music

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 02/09/2001, and first used in commerce at least as early as 02/09/2001, 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) Screenshot of the online Audacity User Manual maintained on the website where the Audacity software is available for download in which the mark appears in the upper left and middle of the screen.
Specimen File1
Webpage URL: manual.audacityteam.org
Webpage Date of Access: 02/05/2021



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 2919070.


The owner's/holder's proposed attorney information: Tony Berman. Tony Berman of Berman Entertainment and Technology Law, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      600 California St., 11th Floor
      San Francisco, California 94108
      United States
      tony@beat-law.com

Tony Berman 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 hereby appoints Tony Berman of Berman Entertainment and Technology Law
      600 California St., 11th Floor
      San Francisco California 94108
      United States
      tony@beat-law.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Tony Berman

PRIMARY EMAIL FOR CORRESPONDENCE: tony@beat-law.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 $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: /Anthony R Berman/   Date: 03/19/2021
Signatory's Name: Tony Berman
Signatory's Position: Attorney of record
Signatory's Phone Number: 4158169623
Signature method: Sent to third party for signature
Payment Sale Number: 90591173
Payment Accounting Date: 03/19/2021

Serial Number: 90591173
Internet Transmission Date: Fri Mar 19 21:08:26 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20210319210826136
916-90591173-7701e587c1220adb5dd8beb7c57
8bcf3865b1d4c74f17d9b8f6dda2d335a3f1ba1-
CC-08240432-20210319185503882262