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: 97623847

Filing Date: 10/07/2022

To the Commissioner for Trademarks:

MARK: philo (stylized and/or with design, see mark)
The literal element of the mark consists of philo. The applicant is not claiming color as a feature of the mark. The mark consists of the stylized wording philo.
The applicant, PHILO, INC., a corporation of Delaware, having an address of
      225 Green Street
      San Francisco, California 94111
      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:  Downloadable computer software for streaming, storing, and playing audiovisual and multimedia content on mobile devices via the Internet and other electronic communications networks; downloadable computer software for streaming, storing, and playing audiovisual, and multimedia content on connected TVs via the Internet and other electronic communications networks; downloadable computer software for ad tracking and optimization; downloadable computer software for searching, organizing, and recommending audiovisual and multimedia content

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 11/14/2017, and first used in commerce at least as early as 11/14/2017, 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 the mark in use.
Specimen File1
Specimen File2
Specimen File3
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 038:  Broadcasting, transmission, and streaming of audiovisual and multimedia content via the Internet and other electronic communications networks; video-on-demand transmission services; transmission of interactive television program guide

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 11/14/2017, and first used in commerce at least as early as 11/14/2017, 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) screen shot of the mark in use.
Specimen File1
Specimen File2
Webpage URL: http://www.philo.com/player/mytv
Webpage Date of Access: 09/23/2022
Webpage URL: http://www.philo.com/player/guide
Webpage Date of Access: 09/23/2021

International Class 041:  Education and entertainment services, namely, providing audiovisual and multimedia content in in the nature of motion pictures, television programs, and educational and entertainment videos, and music videos; production of audiovisual works, namely, television programs; providing information and recommendations regarding the foregoing entertainment and educational content

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 11/14/2017, and first used in commerce at least as early as 11/14/2017, 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) screen shot of the mark in use.
Specimen File1
Specimen File2
Webpage URL: http://www.philo.com/player/top
Webpage Date of Access: 09/23/2022
Webpage URL: http://www.philo.com/player/top?show=U2hvdzo2MDg1NDg4OTk2NDg0Mzg5MDg
Webpage Date of Access: 09/23/2022

International Class 042:  Providing non-downloadable software for streaming, storing, and playing audiovisual and multimedia content on personal computing devices via the Internet and other electronic communications networks

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 11/14/2017, and first used in commerce at least as early as 11/14/2017, 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) screen shot of the mark in use.
Specimen File1
Specimen File2
Webpage URL: http://www.philo.com/player/top
Webpage Date of Access: 09/23/2022
Webpage URL: http://www.philo.com/player/top?show=U2hvdzo2MDg1NDg4OTk2NDg0Mzg5MDg
Webpage Date of Access: 09/23/2022

International Class 035:  Advertising services; business-to-business advertising
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.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3508657 and 5681431.


The owner's/holder's proposed attorney information: Timothy J. Lyden. Other appointed attorneys are Brian M. Davis and Scott R. Austin. Timothy J. Lyden of VLP Law Group, 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
      P.O. Box 10503
      McLean, Virginia 22102
      United States
      202-967-2650(phone)
      6503741890(fax)
      trademarks@vlplawgroup.com

Timothy J. Lyden 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:

Timothy J. Lyden

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@vlplawgroup.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tlyden@vlplawgroup.com; awendel@vlplawgroup.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: /Robert St. John Roper/   Date: 10/07/2022
Signatory's Name: Robert St. John Roper
Signatory's Position: Chief Legal Officer
Signatory's Phone Number: 202-967-2650
Signature method: Sent to third party for signature
Payment Sale Number: 97623847
Payment Accounting Date: 10/07/2022

Serial Number: 97623847
Internet Transmission Date: Fri Oct 07 18:09:24 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-202210071809257
57114-97623847-820f917fc77c22c3ebef1dddd
67d79d7efb18828c9a998df5a858ec95865fa018
-CC-09244619-20220923163343746447