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: 97346855

Filing Date: 04/05/2022

To the Commissioner for Trademarks:

MARK: M MAKEMUSIC (stylized and/or with design, see mark)
The literal element of the mark consists of M MAKEMUSIC. The mark consists of a stylized M with the word "makemusic" to the right of the stylized M.
The applicant, MAKEMUSIC, INC., a corporation of Delaware, having an address of
      285 Century Place, Suite 100
      Louisville, Colorado 80027
      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:  Prepackaged computer software, downloadable computer software, files, and data, all in the field of music, music notation, music publishing, music distribution, music education, music practice, music performance, music accompaniment, music recording, music performance assessment, and music theory assessment; downloadable data files and computer software featuring music accompaniments; pre-recorded music recorded on optical and magnetic media; pre-recorded music accompaniments recorded on optical and magnetic media

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 12/15/2021, and first used in commerce at least as early as 12/15/2021, 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) screenshot of the website where the goods are available for purchase with the mark affixed.

Original PDF file:
SPE0-1524479145-202203251 00621981200_._Specimen-Cl 9.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://store.makemusic.com/Store/
Webpage Date of Access: 03/25/2022

International Class 041:  Education services, namely, providing classes, webinars, and instructional videos in the fields of musical education, music notation and using music notation software

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 12/15/2021, and first used in commerce at least as early as 12/15/2021, 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) screenshot of the website where the services are advertised with the mark affixed.

Original PDF file:
SPE0-1-1524479145-2022032 5100621981200_._Specimen- Cl41.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Webpage URL: http://www.makemusic.com/events/
Webpage Date of Access: 03/25/2022

International Class 042:  Providing temporary use of on-line, non-downloadable computer software, files, and data, all in the field of music, music notation, music publishing, music distribution, music education, music practice, music performance, music accompaniment, music recording, music performance assessment, and music theory assessment; providing temporary use of on-line, non-downloadable computer software featuring music accompaniments

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 12/15/2021, and first used in commerce at least as early as 12/15/2021, 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) screenshot of the website where the software is advertised and available with the mark affixed.

Original PDF file:
SPE0-1524479145-202203251 00621981200_._Specimen-Cl 42.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Webpage URL: http://www.smartmusic.com/features/
Webpage Date of Access: 03/25/2022




The owner's/holder's proposed attorney information: Melinda S. Giftos. Other appointed attorneys are All other Attorneys in the Firm. Melinda S. Giftos of Husch Blackwell 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
      33 East Main Street, Suite 300
      Madison, Wisconsin 53703
      United States
      608-255-4440(phone)
      608.258.7138(fax)
      pto-wis@huschblackwell.com
The docket/reference number is 834831-96.
Melinda S. Giftos 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:

Melinda S. Giftos

PRIMARY EMAIL FOR CORRESPONDENCE: pto-wis@huschblackwell.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mindi.giftos@huschblackwell.com; christina.ostorga@huschblackwell.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: /Emily Pieper/   Date: 04/04/2022
Signatory's Name: Emily Pieper
Signatory's Position: Chief Financial Officer
Signatory's Phone Number: Not Provided
Signature method: Sent to third party for signature
Payment Sale Number: 97346855
Payment Accounting Date: 04/05/2022

Serial Number: 97346855
Internet Transmission Date: Tue Apr 05 09:56:46 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XXX-2022040509564629
5552-97346855-820f485aeb7739bcf4c3c81293
843c23c7bbc41752d6e6ed5ffd25384a4a5c8-DA
-56464150-20220325100621981200