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

---

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: 97182524

Filing Date: 12/21/2021

To the Commissioner for Trademarks:

MARK: SMARTWEAR (Standard Characters, see mark)
The literal element of the mark consists of SMARTWEAR. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, MUZIK Inc., a corporation of Delaware, having an address of
      324 S. Beverly Drive, #232
      Beverly Hills, California 90212
      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 009:  Wireless communication devices for the transmission of voice, data, audio and video content; sound reproducing apparatus; headphones; wireless headphones; wireless headsets equipped with headphones and microphones for use with smartphones

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 06/12/2019, and first used in commerce at least as early as 06/12/2019, 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) photographs of Applicant's goods showing use of the mark.
Specimen File1
Specimen File2
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 009:  Digital audio players; apparatus for voice recording; apparatus for voice recognition; apparatus for video recording; earphones; microphones; audio speakers; wearable devices in the nature of headphones and earphones with remote controls for controlling computers, mobile telephones, mobile electronic devices, and audio and video players and recorders; wearable activity trackers; interfaces for computers, computer peripherals, mobile telephones, wearable activity trackers, and audio and video players and recorders; electronic voice command and recognition apparatus in the nature of headphones and earphones with remote controls for controlling computers, mobile telephones, mobile electronic devices, wearable electronic devices, audio and video players and recorders, and speakers; wireless speakers; Bluetooth speakers; portable and integrated audiovisual equipment, namely, headphones, video camera and microphones, headsets and hands-free headsets; downloadable computer software and mobile software applications for streaming of music, sports, news, and entertainment; downloadable computer software and mobile software applications featuring voice- and gesture-controls for the operation of audio, video, and mobile devices; downloadable computer software and mobile software applications for recording, editing and sharing video and audio content; downloadable computer software for sensing, monitoring, tracking, measuring, recording, displaying, storing, and transmitting biometric data, heart rate, pulse rate, blood pressure, calories burned, temperature, physical activity level, body movement, distance, altitude, speed, steps taken, and biometric data; downloadable computer software and mobile software applications for facilitating e-commerce transactions
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 025:  Hats, T-shirts, Shirts; Tops as clothing; Jackets; Pants; Sweatpants; Sweatshirts
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 038:  Electronic transmission of data via the Internet, global computer networks, wireless networks and electronic communication networks; services that enable a user to send and/or receive messages through a wireless data network; telecommunication access services; transmission of digital audio, music, video and multimedia content by telecommunications or other electronic communications networks; audio broadcasting; video broadcasting; broadcasting or transmission of video content via a global computer network; streaming of video content via a global computer network; streaming of audio content via a global computer network; providing access to global computer networks, wireless networks and electronic communications networks for transmission or receipt of data
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:  Arranging, organizing, conducting, and presenting seminars, workshops, classes, webinars, conferences, online instruction, and distance learning programs in the fields of fitness, exercise, health, and wellness; arranging, organizing, conducting, and presenting online music performances; arranging, organizing, conducting, and presenting online events; arranging, organizing, conducting, and presenting online gaming events; arranging, organizing, conducting, and presenting online sports events
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 042:  Providing online non-downloadable software for sensing, monitoring, tracking, measuring, recording, displaying, storing, and transmitting biometric data, heart rate, pulse rate, blood pressure, calories burned, temperature, physical activity level, body movement, distance, altitude, speed, steps taken, and biometric data; providing online non-downloadable software for streaming of music, sports, news, and entertainment; providing online non-downloadable software featuring voice- and gesture-controls for the operation of audio, video, and mobile devices; providing on-line non-downloadable software for recording, editing and sharing video and audio content; non-downloadable computer software for facilitating e-commerce transactions
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: Jennifer M. Lantz. Other appointed attorneys are Mark A. Steiner; Meghan C. Killian. Jennifer M. Lantz of Duane Morris 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
      2475 Hanover Street
      Palo Alto, California 94304
      United States
      650-847-4150(phone)
      650.847.4151(fax)
      ipdocketing@duanemorris.com
The docket/reference number is R3843.
Jennifer M. Lantz 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:

Jennifer M. Lantz

PRIMARY EMAIL FOR CORRESPONDENCE: ipdocketing@duanemorris.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): JMLantz@duanemorris.com; MStevland@duanemorris.com; IJGuinto@duanemorris.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 $1750 has been submitted with the application, representing payment for 5 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: /Jason Hardi/   Date: 12/20/2021
Signatory's Name: Jason Hardi
Signatory's Position: CEO & Founder
Signatory's Phone Number: 000-000-0000
Signature method: Sent to third party for signature
Payment Sale Number: 97182524
Payment Accounting Date: 12/21/2021

Serial Number: 97182524
Internet Transmission Date: Tue Dec 21 12:37:27 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202112211237275
41336-97182524-8009859eb082ed778efa5dcce
0d65a121837db4c5dc8c5c9f4717046de56ba582
8-DA-37273642-20211220184716346196