Application

PTO- 1478

Approved for use through 09/30/2021. 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

---

PTO- 1478

Approved for use through 09/30/2021. 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: 97002527

Filing Date: 08/30/2021

To the Commissioner for Trademarks:

MARK: ENCORE (stylized and/or with design, see mark)
The literal element of the mark consists of ENCORE. The mark consists of of a fanciful design of audio waves extending out from the right and left sides of the word ENCORE in stylized letters, above the words RECORDINGS LLC in smaller stylized letters.
The applicant, Encore Recording Corp., a corporation of Delaware, having an address of
      c/o Prager Metis
      14 Penn Plaza, 20th Floor
      New York, New York 10122
      United States
      XXXX
Domiciled at: 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:  Musical sound and audio-visual recordings; downloadable music, mp3 files for wireless communication devices featuring music and entertainment; downloadable graphics and images files for wireless communication devices in the field of music and music-related entertainment; downloadable music and mp3 files featuring music and music-related entertainment; downloadable graphics and images in the field of music and music-related entertainment 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 035:  : Distributorship services in the field of musical sound recordings and video recordings; advertising and promotion services and related consulting services; advertising and publicity services; computerized online ordering services in the field of music; computerized online retail store services in the field of music; organization of promotions using audio-visual media; preparing audio-visual displays for music advertising; preparing audio visual presentations for use in advertising; promoting the concerts of others; promoting the goods and services of others by arranging for sponsors to affiliate their goods and services with concerts and musical events; providing consumer product information about the goods and services of others 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:  production and publishing of music; providing online entertainment, namely, providing non-downloadable sound recordings in the field of music and music-related entertainment; entertainment services, namely, providing online non-downloadable prerecorded musical sound recordings via a global computer network; audio and sound recording and production; record production; entertainment services, namely, performances by musical artists rendered live and recorded for future distribution; entertainment services, namely, providing a website featuring non-downloadable musical performances, photographs, and other multimedia materials featuring music and entertainment; entertainment services, namely, providing prerecorded non-downloadable music, information in the field of music, and commentary and articles about music, all online 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.




The owner's/holder's proposed attorney information: Michael Schwab. Other appointed attorneys are Brian Bloom, Michelle Page. Michael Schwab of Moritt Hock & Hamroff 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
      1407 Broadway
      New York, New York 10018
      United States
      212-239-2000(phone)
      mschwab@moritthock.com
The docket/reference number is M-9456-001.
Michael Schwab 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:

Michael Schwab

PRIMARY EMAIL FOR CORRESPONDENCE: mschwab@moritthock.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): chay@moritthock.com; bbloom@moritthock.com; trademark@moritthock.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 $1050 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: /Michael Schwab/   Date: 08/30/2021
Signatory's Name: Michael Schwab
Signatory's Position: Attorney of record, New York Bar member
Signatory's Phone Number: 212-239-2000
Signature method: Signed directly within the form
Payment Sale Number: 97002527
Payment Accounting Date: 08/30/2021

Serial Number: 97002527
Internet Transmission Date: Mon Aug 30 18:02:49 ET 2021
TEAS Stamp: USPTO/BAS-X.XX.XXX.XXX-20210830180249884
634-97002527-7816f2396ce4ea75626e2be7328
63c8a4831c78ca4a6be89e4547cd7a9fbd2d1d-D
A-02492863-20210830175220116294