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: 97455654

Filing Date: 06/13/2022

To the Commissioner for Trademarks:

MARK: SIMPLY (stylized and/or with design, see mark)
The literal element of the mark consists of SIMPLY. The color(s) purple is/are claimed as a feature of the mark. The mark consists of the literal element SIMPLY with a four-point star positioned above and to the left of the initial letter S. The letter S is in upper case and the remaining letters are in lower case. The word and star are purple.
The applicant, JOYTUNES LTD, a private limited company legally organized under the laws of Israel, having an address of
      31 Ha-shachar St.
      Kefar Sava 4437633
      Israel
      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:  Downloadable computer programs and software for learning of music, arts and crafts; downloadable, learning or entertainment computer application software for smart and cellular phones for learning of music, arts and crafts; downloadable software applications for learning of music, arts and crafts and viewing and accessing entertainment for use with mobile devices; downloadable educational computer software for learning of music, arts and crafts
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Israel application number 350767, filed 04/03/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 041:  Providing, arranging and organizing training courses and instruction in the fields of music, art, dance and drawing; production and providing of non-downloadable instructional materials, online electronic publications in the fields of music, art, dance and drawing; teaching and practical demonstration in the fields of music, arts and crafts; providing online education information concerning the aforementioned
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Israel application number 350767, filed 04/03/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.




Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 6610249.


The owner's/holder's proposed attorney information: Matthew P. Hintz, Esq.. Other appointed attorneys are Vanessa A. Ignacio, Esq. and Jenna-Marie Tracy, Esq.. Matthew P. Hintz, Esq. of Lowenstein Sandler 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 Lowenstein Drive
      Roseland, New Jersey 07068
      United States
      973-597-2500(phone)
      973-597-2400(fax)
      lstrademark@lowenstein.com
The docket/reference number is 41984.4.
Matthew P. Hintz, Esq. 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 P. Hintz, Esq.

PRIMARY EMAIL FOR CORRESPONDENCE: lstrademark@lowenstein.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 $700 has been submitted with the application, representing payment for 2 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: /Matthew P. Hintz/   Date: 06/13/2022
Signatory's Name: Matthew P. Hintz, Esq.
Signatory's Position: Attorney of Record, NJ Bar Member
Signatory's Phone Number: 973-597-2500
Signature method: Sent to third party for signature
Payment Sale Number: 97455654
Payment Accounting Date: 06/13/2022

Serial Number: 97455654
Internet Transmission Date: Mon Jun 13 17:34:35 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202206131734359
18940-97455654-82035bc1498df1344503faa67
8b52b9c6ae8c3cbfddd97e7d5abaff892234d1eb
5-DA-34351185-20220613144309458826