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: 98043356

Filing Date: 06/14/2023

To the Commissioner for Trademarks:

MARK: Xperience (Standard Characters, see mark)
The literal element of the mark consists of Xperience. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Hit-Heart Music Inc. c/o Sprackman Terrence, a corporation of Canada, having an address of
      1500 Don Mills Rd, Suite 503
      Toronto, ONTARIO M3B3K4
      Canada
      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:  CD music recordings; CDs containing audio recordings of live musical performances; compact discs featuring music; digital music downloadable from internet; downloadable digital audio recordings featuring live musical performances; downloadable digital audio recordings featuring music; downloadable digital content being music audios; downloadable digital content being music videos; downloadable digital music; downloadable music; downloadable music files; downloadable musical sound recordings; downloadable video recordings featuring music; downloadable video recordings featuring music videos; downloadable video recordings featuring musical sound recordings; lp records; optical disks featuring music; pre-recorded audio cassettes; pre-recorded audio cassettes featuring music; pre-recorded audio tapes cassettes live musical performances; pre-recorded DVDs containing music; pre-recorded music videotapes; pre-recorded record albums featuring music; pre-recorded video cassettes; pre-recorded video cassettes featuring music; pre-recorded vinyl records; pre-recorded vinyl records containing music; video cassettes; videocassettes containing concerts, songs and music, and musical performances

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 Canada application number 2237523, filed 02/03/2023.


International Class 025:  Casual clothing; hats and caps; promotional casual clothing

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 Canada application number 2237523, filed 02/03/2023.


International Class 038:  Broadcasting of music concerts over the Internet; electronic transmission of music via wide area network; music broadcasting via radio, television and the internet; podcasting about music; podcasting of music; streaming of audio and video via the Internet featuring music, movies, news, and sports

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 Canada application number 2237523, filed 02/03/2023.


International Class 041:  Arranging and conducting musical concerts; arranging and conducting musical concerts and festivals; arranging and conducting performances featuring live music; composition of music; entertainment in the form of live musical concerts; entertainment in the form of live performances by a musical band; entertainment services in the nature of recording, production and post-production services in the field of music; entertainment services, namely, a multimedia program series featuring music and musicians distributed via the internet; entertainment services, namely, providing non-downloadable music videos via a website; entertainment, namely, providing a podcast series in the field of music via a global computer network; music production services; music publishing services; music recording services; production of music records; production of musical videos; providing information on musical performances

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 Canada application number 2237523, filed 02/03/2023.




The owner's/holder's proposed attorney information: Rachel Pilloff. Other appointed attorneys are Sean Passino. Rachel Pilloff of Pilloff Passino & Cosenza, 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
      2000 Duke Street, Suite 300
      Alexandria, Virginia 22314
      United States
      571-239-4212(phone)
      rpilloff@pilloffpassino.com
The docket/reference number is 255-010TM.
Rachel Pilloff 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:

Rachel Pilloff

PRIMARY EMAIL FOR CORRESPONDENCE: rpilloff@pilloffpassino.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): spassino@pilloffpassino.com; dsmith@pilloffpassino.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 $1400 has been submitted with the application, representing payment for 4 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: /Rachel Pilloff/   Date: 06/14/2023
Signatory's Name: Rachel Pilloff
Signatory's Position: Attorney of record, VA Bar member
Signatory's Phone Number: 571-239-4212
Signature method: Signed directly within the form
Payment Sale Number: 98043356
Payment Accounting Date: 06/14/2023

Serial Number: 98043356
Internet Transmission Date: Wed Jun 14 23:37:04 ET 2023
TEAS Stamp: USPTO/BAS-XX.XX.XX.XX-202306142337060883
87-98043356-8608bc9c1cee98d2e1dcfb129ff2
f17bee488906ae9d752ff13c12ef544fffc2571-
CC-37047608-20230614232440905343