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: 97141760

Filing Date: 11/24/2021

To the Commissioner for Trademarks:

MARK: XUMO (Standard Characters, see mark)
The literal element of the mark consists of XUMO. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, XUMO LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      SUITE 1500
      4 PARK PLAZA
      IRVINE, California 92614
      United States
      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 and distribution of audio visual images and video via the internet and telecommunications networks; streaming of video and audio on the internet and telecommunications networks; transmitting streamed sound, audiovisual recordings, and video via the internet and telecommunications networks; online video transmission services, namely, the online transmission and delivery of movies, television programs and other video media content for others over public and private computer networks; live streaming of data

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 00/00/2015, and first used in commerce at least as early as 00/00/2015, 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) screenshots displaying Applicant's mark in direct connection with its streaming of video and audio on the internet.
JPG file(s):
Specimen File1
Original PDF file:
SPE0-38982204-20211118171 316144079_._xumo_Class_38 _41_42_screenshot_specime n.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Webpage URL: http://www.xumo.tv/on-now/99991727/free-movies
Webpage Date of Access: 11/18/2021
Webpage URL: http://corp.xumo.com/
Webpage Date of Access: 11/18/2021

International Class 041:  entertainment services in the nature of distribution of motion picture films, television shows, special events, and multimedia entertainment content; organizing and conducting interactive audience participation events and recreational activities; provision of entertainment information via a website; providing online non-downloadable video clips and other multimedia digital content containing audio, video, artwork, and text from and related to entertainment, film, television, television and film characters, animation entertainment, music, and celebrities; educational and entertainment services, namely, providing interactive online non-downloadable multimedia entertainment content; providing information, reviews, and recommendations regarding movies and television shows via a website and video transmission services; providing entertainment services via a global communication network in the nature of online non-downloadable websites and multimedia content featuring a wide variety of general interest entertainment information relating to film, television, television and film characters, animation entertainment, music, and celebrities; providing entertainment services via a global communication network in the nature of websites featuring a wide variety of general interest entertainment information relating to motion picture films, television show programs, musical videos, related film clips, photographs, and other multimedia materials

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 00/00/2015, and first used in commerce at least as early as 00/00/2015, 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) screenshots displaying Applicant's mark in direct connection with its provision of online non-downloadable video clips and other multimedia digital content from and related to entertainment, film, television, and television.
JPG file(s):
Specimen File1
Original PDF file:
SPE0-1-38982204-202111181 71316144079_._xumo_Class_ 38_41_42_screenshot_speci men.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Webpage URL: http://www.xumo.tv/on-now/99991727/free-movies
Webpage Date of Access: 11/18/2021
Webpage URL: http://corp.xumo.com/
Webpage Date of Access: 11/18/2021

International Class 042:  providing online non-downloadable software for use in sending, receiving, transforming, transcoding, enhancing, securing, monetizing, measuring, recording and managing media over the internet and telecommunications networks, including video, audio, and data; data encryption and decoding services; data encryption services; encoding of audio and video works; re-formatting video works for use in multiple formats in the nature of transcoding digital content into other forms of digital content for the purpose of optimizing content delivery; video thumbnailing, namely, digital compression of videos; providing temporary use of online non-downloadable computer software for enabling the transmission of movies, television programs and other video media content for others over public and private computer networks; providing a web-based service, namely, hosting of digital content on the Internet relating to the remote management, administration, modification and control of media applications; providing an on-line portal featuring on-line non-downloadable software that enables customers to remotely manage, administer, modify and control media applications; providing temporary use of online non-downloadable computer software for use in the encryption and decryption of digital files, including audio, video, text, binary, still images, graphics and multimedia files; network optimization, namely, software as a service (SaaS) featuring software for the purpose of tracking online networks to determine the technological effectiveness of content delivery; technical support services, namely, troubleshooting of computer software problems; computer services, namely, cloud hosting provider services; software as a service (SaaS) services featuring software for use in sending, receiving, transforming, transcoding, enhancing, securing, monetizing, measuring, recording, and managing media over the internet and telecommunications networks, including video, audio, and data; providing a website featuring on-line non-downloadable software tools for hosting videos for others; providing on-line non-downloadable software for commercial analysis and tracking of hosted videos

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 00/00/2015, and first used in commerce at least as early as 00/00/2015, 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) screenshots displaying Applicant's mark in direct connection with its provision of temporary use of online non-downloadable computer software for enabling the transmission of movies, television programs and other video media.
JPG file(s):
Specimen File1
Original PDF file:
SPE0-2-38982204-202111181 71316144079_._xumo_Class_ 38_41_42_screenshot_speci men.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Webpage URL: http://www.xumo.tv/on-now/99991727/free-movies
Webpage Date of Access: 11/18/2021
Webpage URL: http://corp.xumo.com/
Webpage Date of Access: 11/18/2021



The owner's/holder's proposed attorney information: Matthew A. Homyk. Other appointed attorneys are Timothy D. Pecsenye, David M. Perry, Bruce D. George, Lisa Casey Spaniel, Megan E. Spitz, Zachary A. Aria, Bradford C. Craig, Shaun J. Bockert, Jillian Taylor, Samar Aryani-Sabet, Blake D. Fink, Divya L. Kannegenti. Matthew A. Homyk of Blank Rome 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
      One Logan Square
      Philadelphia, Pennsylvania 19103
      United States
      215-569-5360(phone)
      215-832-5360(fax)
      mhomyk@blankrome.com
The docket/reference number is 111058-00227.
Matthew A. Homyk 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:

Matthew A. Homyk

PRIMARY EMAIL FOR CORRESPONDENCE: mhomyk@blankrome.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 $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: /jiroegawa/   Date: 11/24/2021
Signatory's Name: Jiro Egawa
Signatory's Position: COO at Xumo
Signatory's Phone Number: 9494663417
Signature method: Sent to third party for signature
Payment Sale Number: 97141760
Payment Accounting Date: 11/24/2021

Serial Number: 97141760
Internet Transmission Date: Wed Nov 24 14:08:00 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.XXX.X-202111241408007486
15-97141760-781c523e68a3a248caa2fd415f49
08f19126f11bf4ad5c2974a8204e83fa3038-CC-
07592469-20211118171316144079