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: 97386218

Filing Date: 04/28/2022

To the Commissioner for Trademarks:

MARK: DECAL (Standard Characters, see mark)
The literal element of the mark consists of DECAL. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, DECAL Releasing LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      Suite 1000
      636 Broadway
      New York, New York 10012
      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:  Digital media, namely, pre-recorded DVDs, high definition digital discs, and downloadable audio and video recordings featuring motion pictures and short-form audiovisual programs in the fields of action-adventure, animation, biography, comedy, crime, documentary, drama, family, fantasy, history, horror, international, musical, mystery, news, general interest, romance, science fiction, thrillers, war, and westerns; Downloadable motion pictures and short-form audiovisual programs featuring fiction and non-fiction stories on a variety of topics provided via a video-on-demand service; Downloadable motion pictures and short-form audiovisual programs in the fields of action-adventure, animation, biography, comedy, crime, documentary, drama, family, fantasy, history, horror, international, musical, mystery, news, general interest, romance, science fiction, thrillers, war, and westerns; Audio and video recordings featuring music and artistic performances

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 02/16/2021, and first used in commerce at least as early as 02/16/2021, 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) photos of the goods showing use of the mark on the packaging.
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 038:  Video streaming services via the internet, featuring independent films and movies; Streaming of audiovisual and multimedia content via the internet; transmission and delivery of video and audio via the internet, wireless communication networks, and other communication networks; Electronic transmission and streaming of digital media content for others via global and local computer networks; video on demand transmission services; streaming of films and movies via the internet

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 02/16/2021, and first used in commerce at least as early as 02/16/2021, 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) screenshots from the Applicant's website and YouTube channel showing use of the mark with the services.

Original PDF file:
SPE0-13649222229-20220427 205120360771_._DECAL_Clas ses_38_and_41_Specimen.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Original PDF file:
SPE0-13649222229-20220427 205120360771_._DECAL_Clas ses_38_and_41_Specimen_2.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 041:  Film distribution; distribution of motion picture films; distribution of movies; entertainment services, namely, video distribution services; provision of non-downloadable films and movies via a video-on-demand services; provision of multimedia entertainment content via a video-on-demand service

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 02/16/2021, and first used in commerce at least as early as 02/16/2021, 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) screenshots from the Applicant's website and social media accounts showing use of the mark with the services.

Original PDF file:
SPE0-13649222229-20220427 205120360771_._DECAL_Clas s_41_Specimen_1.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-13649222229-20220427 205120360771_._DECAL_Clas s_41_Specimen_2.pdf
Converted PDF file(s) (8 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Original PDF file:
SPE0-13649222229-20220427 205120360771_._DECAL_Clas s_41_Specimen_3.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-13649222229-20220427 205120360771_._DECAL_Clas s_41_Specimen_4.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-1-13649222229-202204 27205120360771_._DECAL_Cl asses_38_and_41_Specimen.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Webpage URL: None Provided
Webpage Date of Access: None Provided



The owner's/holder's proposed attorney information: Steven M. Espenshade. Other appointed attorneys are any other attorney with the firm. Steven M. Espenshade of Pirkey Barber PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Suite 300
      1801 East 6th Street
      Austin, Texas 78702
      United States
      512-482-5242(phone)
      tmcentral@pirkeybarber.com
The docket/reference number is DECL002US.
Steven M. Espenshade 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:

Steven M. Espenshade

PRIMARY EMAIL FOR CORRESPONDENCE: tmcentral@pirkeybarber.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): sespenshade@pirkeybarber.com; karriola@pirkeybarber.com; kcilino@pirkeybarber.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: /Andrew Brown/   Date: 04/28/2022
Signatory's Name: Andrew Brown
Signatory's Position: Co-President
Signatory's Phone Number: 516-672-0323
Signature method: Sent to third party for signature
Payment Sale Number: 97386218
Payment Accounting Date: 04/28/2022

Serial Number: 97386218
Internet Transmission Date: Thu Apr 28 13:05:20 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-202204281305206
05709-97386218-820a91b411955f8446b9de248
bb9a6b79c377b5fa95a513cf8022ea502a43da6c
-CC-05190000-20220427205120360771