Application

PTO- 1478

Approved for use through 10/31/2024. 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 10/31/2024. 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: 97122396

Filing Date: 11/12/2021

To the Commissioner for Trademarks:

MARK: REMIX (stylized and/or with design, see mark)
The literal element of the mark consists of REMIX. The applicant is not claiming color as a feature of the mark. The mark consists of a spiral followed by the word remix on an oval shaped background.
The applicant, The Apex App, Inc., a corporation of California, having an address of
      1550 Parkside Drive, Suite 130
      1550 Parkside Drive, Suite 130
      Walnut Creek, California 94596
      United States
      415-843-2739(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 038:  Transmission of electronic media, multimedia content, videos, movies, pictures, images, text, photos, user-generated content, audio content, and information via the Internet and other communications networks.

In International Class 038, 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 10/08/2021, and first used in commerce at least as early as 10/08/2021, 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) Attached is a screen shot of the mobile application available in the App store depicting the mark in conjunction with the identified services and screen shots of the mobile app depicting the mark in conjunction with the identified services.
Specimen File1
Specimen File2
Specimen File3
Webpage URL: http://apps.apple.com/us/app/remix-make-memes-together/id1586370758
Webpage Date of Access: 11/08/2021

International Class 041:  Entertainment services, namely, providing an online interactive database of videos and user generated content containing digital images, photos, text, graphics, music, audio, video clips, multimedia content, and visual and audio performances; providing music videos over the Internet or other communications networks.

In International Class 041, 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 10/08/2021, and first used in commerce at least as early as 10/08/2021, 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) Attached is a screen shot of the mobile application available in the App store depicting the mark in conjunction with the identified services and screen shots of the mobile app depicting the mark in conjunction with the identified services.
Specimen File1
Specimen File2
Specimen File3
Webpage URL: http://apps.apple.com/us/app/remix-make-memes-together/id1586370758
Webpage Date of Access: 11/08/2021

International Class 042:  Creating a virtual environment in the nature of an online community for registered users to create, produce, edit, manipulate, transmit, share, and comment on videos or other electronic media

In International Class 042, 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 10/08/2021, and first used in commerce at least as early as 10/08/2021, 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) Attached is a screen shot of the mobile application available in the App store depicting the mark in conjunction with the identified services and screen shots of the mobile app depicting the mark in conjunction with the identified services..
Specimen File1
Specimen File2
Specimen File3
Webpage URL: http://apps.apple.com/us/app/remix-make-memes-together/id1586370758
Webpage Date of Access: 11/08/2021

International Class 009:  : Downloadable software for creating, producing, editing, manipulating, transmitting, uploading, downloading, and sharing electronic media, multimedia content, videos, movies, pictures, images, text, photos, user-generated content, audio content, and information via the Internet and other communications networks.

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 10/08/2021, and first used in commerce at least as early as 10/08/2021, 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) Attached is a screen shot of the mobile application available in the App store depicting the mark in conjunction with the identified downloadable software and screen shots of the downloadable mobile app software depicting the mark in conjunction with the identified goods.
Specimen File1
Specimen File2
Specimen File3
Webpage URL: http://apps.apple.com/us/app/remix-make-memes-together/id1586370758
Webpage Date of Access: 11/08/2021




The owner's/holder's proposed attorney information: Robert S McArthur. Other appointed attorneys are Eric Benisek. Robert S McArthur of Vasquez Benisek & Lindgren 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
      1550 Parkside Drive, Suite 130
      1550 Parkside Drive, Suite 130
      Walnut Creek, California 94596
      United States
      415-699-0630(phone)
      mcarthur@vbllaw.com

Robert S McArthur 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:

Robert S McArthur

PRIMARY EMAIL FOR CORRESPONDENCE: mcarthur@vbllaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ebenisek@vbllaw.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 $1400 has been submitted with the application, representing payment for 4 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: /raghav gulati/   Date: 11/12/2021
Signatory's Name: Raghav Gulati
Signatory's Position: Owner
Signatory's Phone Number: 415-843-2739
Signature method: Sent to third party for signature
Payment Sale Number: 97122396
Payment Accounting Date: 11/12/2021

Serial Number: 97122396
Internet Transmission Date: Fri Nov 12 14:56:03 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-202111121456032
86684-97122396-781ade6d730b2915937955ee5
30fc2accc4cbf4cafdc7f487ead7de1d322f409c
13-DA-56021422-20211109145841556247