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: 97319110

Filing Date: 03/18/2022

To the Commissioner for Trademarks:

MARK: SPARTA (Standard Characters, see mark)
The literal element of the mark consists of SPARTA. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Theory Entertainment LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      4th Floor
      112 Madison Avenue
      New York, New York 10016
      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 035:  Online retail services featuring virtual goods, namely, sound recordings, footwear, clothing, headwear, bags, art, toys and accessories for use online and in online virtual worlds for use online; digital assets and digital collectibles sold as non-fungible tokens (NFTs); provision of an online marketplace for buyers and sellers of downloadable multimedia files containing artwork, text, audio and video relating to retail consumer goods featuring sound recordings, footwear, clothing, headwear, bags, art, toys and accessories authenticated by non-fungible tokens (NFTs); providing an online virtual store for the sale of a wide variety of non-virtual consumer goods; Advertising and marketing services, namely, promoting the goods and services of others, in particular, of songwriters, composers, music labels, performing artists, musicians and artists; Design, implementation, and execution of advertising campaigns to promote the musical compositions, music, audio, video and audiovisual recordings and files, multimedia entertainment content and related merchandise of others; Promoting the music of others by means of providing online portfolios via a website; Marketing, public relations, promotional and advertising services in the fields of music, arts and live entertainment; Commercial administration of licensing and synchronization licensing of musical recordings, musical performances, audiovisual recordings, and multimedia entertainment content of others; Commercial management of the licensing of goods and services for others; Business services, namely, promoting the music licenses of others by acting as a liaison between copyright owners of music and third parties for the exploitation of the copyright owners' rights; Distributorship services in the in the field of music; Wholesale distributorship services featuring music, audio, video and multimedia recordings and files to retailers, online retailers, internet service providers, social media platforms and other consumers; Supply chain management for music, musical recordings, musical performances, artistic performances, audiovisual recordings, film, and multimedia entertainment content; Product merchandising for others; Business management, consultancy and advisory services for songwriters, composers, music labels, performing artists, musicians and artists; Management of intellectual property rights; Music selection services for use in advertising and commercials; all of the foregoing related to music and musical entertainment.
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:  Entertainment services in the nature of organizing social entertainment events; Entertainment services, namely, providing online non-downloadable audio recordings and files in relation to music and music related entertainment; Entertainment services, namely, providing non-downloadable prerecorded music online via a global computer network; Music publishing services; Entertainment services in the nature of development, creation, recording, production, post-production, presentation, distribution for others and publishing of audio recordings and music entertainment content; all the foregoing in relation to music production, distribution, and entertainment services; Entertainment services, namely, provision of online non-downloadable virtual goods for use in virtual environments; entertainment services, namely, providing on-line, non-downloadable virtual retail consumer goods featuring sound recordings, footwear, clothing, headwear, bags, art, toys and accessories for use online and in online virtual worlds; providing an online non-downloadable platform for users to browse, create, modify and manipulate virtual retail consumer goods featuring sound recordings, footwear, clothing, headwear, bags, art, toys and accessories for entertainment purposes; Entertainment services, namely, providing on-line, non-downloadable virtual sound recordings, footwear, clothing, headwear, bags, art, toys and accessories for use in virtual environments.
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 009:  Downloadable virtual goods, namely, sound recordings, footwear, clothing, headwear, bags, art, toys and accessories for use online and in online virtual worlds; downloadable virtual goods, namely, computer programs sound recordings, footwear, clothing, headwear, bags, art, toys and accessories for use online and in online virtual worlds; downloadable virtual goods created with blockchain-based software technology and smart contracts, in the nature of sound recordings, footwear, clothing, headwear, bags, art, toys and accessories; downloadable virtual goods, namely, crypto-collectibles and non-fungible tokens (NFTs); downloadable image files containing artwork authenticated by non-fungible tokens (NFTs).
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:  Platform as a service (PAAS) in relation to computer software platforms for distributing and publishing music and multimedia content, for enabling consumers to manage their creative content, and for providing rights management services to artists and musicians; Platform as a service (PAAS) in relation to computer software to enable consumers to create, market, promote, license, distribute and sell music recordings and related merchandise in relation to music and entertainment; Software as a service (SAAS) services in relation to software for providing music and multimedia services to artists, musicians, music labels, and content owners, namely, project management services, marketing, promotional, sponsorship and publicity services, licensing, and synchronization licensing opportunities, and distribution services; Software as a service (SAAS) services in relation to software for tracking, collecting, storing, managing, calculating, reviewing, analyzing, optimizing, and reporting data in the fields of music and multimedia entertainment; Providing a website in relation to technology that enables copyright owners to locate proprietary content online, process claims, and collect royalties and revenues; all the foregoing in relation to music production, distribution, and entertainment services.
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 045:  Licensing of musical sound recordings.
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.


Miscellaneous Statement
The applicant claims ownership of active prior U.S. Application Number(s), all three of which have been Allowed: 90369939, 90369867, and 90369806.


The owner's/holder's proposed attorney information: Sofya Nadgorny. Other appointed attorneys are Paul Robinson. Sofya Nadgorny, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      7th Floor
      1633 Broadway
      New York, New York 10019
      United States
      212-275-2086(phone)
      sofya.nadgorny@wmg.com

Sofya Nadgorny 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:

Sofya Nadgorny

PRIMARY EMAIL FOR CORRESPONDENCE: sofya.nadgorny@wmg.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tms@wmg.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: /sn/   Date: 03/18/2022
Signatory's Name: Sofya Nadgorny
Signatory's Position: Attorney of record
Signatory's Phone Number: 212-275-2086
Signature method: Signed directly within the form
Payment Sale Number: 97319110
Payment Accounting Date: 03/18/2022

Serial Number: 97319110
Internet Transmission Date: Fri Mar 18 12:52:33 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20220318125233
138957-97319110-8203e5fa0ad1321c1d913078
2330e9a9e5edf24e61f8e44ea05b8b4ad3e3bb8f
70-DA-52320390-20220318121617284232