Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1218087
`06/28/2022
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Opposer information
`
`Name
`
`Granted to date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`EMI (IP) Limited
`
`06/29/2022
`
`4 PANCRAS SQUARE
`LONDON, N1C 4AG
`UNITED KINGDOM
`
`BRENT S. LABARGE
`UNIVERSAL MUSIC GROUP
`2220 COLORADO AVENUE
`SANTA MONICA, CA 90404
`UNITED STATES
`Primary email: brent.labarge@umusic.com
`Secondary email(s): nicole.blatchford@umusic.com, trademarks@umusic.com
`3108651708
`
`Docket no.
`
`Applicant information
`
`Application no.
`
`90168635
`
`Opposition filing
`date
`
`Applicant
`
`06/28/2022
`
`Publication date
`
`03/01/2022
`
`Opposition period
`ends
`
`06/29/2022
`
`NOW! Media, Inc.
`1200 S SANTA FE AVE, SUITE 446
`LOS ANGELES, CA 90021
`UNITED STATES
`
`Goods/services affected by opposition
`
`Class 009. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Downloadable software in the nature of a
`mobile application for sharing media content, music, musical entertainment, videos, and brand in-
`formation; downloadable software in the nature of a mobile application for connecting sellers with
`buyers
`
`Class 035. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Outsource service provider in the fieldof
`business data analytics and user-data analytics for marketing purposes
`
`Class 042. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Platform as a service (PaaS) featuring com-
`puter software platforms for trackingwebsite usage, for analyzing website traffic and social media
`data, monitoring social media, creating web pages and landing pages, for managing social media
`content, for tracking search engine optimization, for sending messages, and for tracking website
`
`

`

`traffic; data automation and collection service using proprietarysoftware to evaluate, analyze and col-
`lect user data
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Dilution by blurring
`
`Dilution by tarnishment
`
`Trademark Act Sections 2 and 43(c)
`
`Trademark Act Sections 2 and 43(c)
`
`Marks cited by opposer as basis for opposition
`
`U.S. registration
`no.
`
`4211879
`
`Register
`
`Principal
`
`Registration date
`
`09/25/2012
`
`Application date
`
`07/10/2001
`
`Foreign priority
`date
`
`01/15/2001
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NOW
`
`NONE
`
`Class 009. First use: First Use: None First Use In Commerce: None
`Musical sound recordings; audiovisual recordings featuring music; enhanced
`musical sound recordings; enhanced audiovisual recordings featuring music; [
`interactive musical sound recordings; interactive audiovisual recordings featur-
`ing music; ] DVDs and CD-ROMs featuring music and musical performances,
`namely, performances of musical artists; downloadable musical sound record-
`ings; downloadable digital musical sound recordings provided from MP3 Internet
`websites
`Class 035. First use: First Use: None First Use In Commerce: None
`Retail store services featuring musicalsound recordings, audiovisual recordings
`featuring music, enhanced musical sound recordings, enhanced audiovisual re-
`cordings featuring music, [ interactive musical sound recordings, interactive au-
`diovisual recordings ] featuring music, andDVDs and CD-ROMs featuring music
`and musical performances, downloadable musicalsound recordings, download-
`able digital musical sound recordings provided from MP3 Internet web sites; pro-
`moting the goods and services of others in the recording industry and in the mu-
`sic industry through the distribution of printed and audio promotional materials;
`management ofperforming artists
`Class 038. First use: First Use: None First Use In Commerce: None
`Electronic transmission of digital music and information concerning music and
`musical performances; electronic transmission of news and current affairs in-
`formation relating to music or musical performances
`Class 041. First use: First Use: None First Use In Commerce: None
`Musical entertainment services, namely,live musical performances, concerts
`andshows; production of musical sound recordings, musical audiovisual record-
`ings, live musical performances and live musicconcerts; music production ser-
`vices; music publishing services; [ recording studio services; ] providing on-line
`information in the field of sound recordings and audiovisual recordings featuring
`musical performances; [ rental of sound and audiovisual recordings featuring
`musicalperformances; ] providing a website featuring non-downloadable pre-
`recorded digital music; provision of online non-downloadable electronic publica-
`tions in the nature of magazines and newsletters relating to sound recordings
`and audiovisualrecordings featuring musical performances and musical enter-
`tainment
`Class 045. First use: First Use: None First Use In Commerce: None
`
`

`

`Exploitation and licensing of intellectual property rights in musical and lyrical
`works for and on behalf of authors, composers or conductors of such works;
`providing online information relating to intellectual property rights in musical and
`lyrical works
`
`U.S. registration
`no.
`
`2484158
`
`Register
`
`Principal
`
`Registration date
`
`09/04/2001
`
`Application date
`
`08/25/1998
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NOW! MUSIC
`
`NONE
`
`Class 009. First use: First Use: Oct 15, 1995 First Use In Commerce: Jul 27,
`1998
`[ audio cassettes featuring music; video cassettes featuring music; digital audio
`tape featuring music; audio discs featuring music; compact discs featuring mu-
`sic; video discs featuring music; interactive multimedia computer programs fea-
`turing music; motion picture films featuring music; ] music sound recordings [ ;
`music video recordings; record albums featuring music ]
`
`U.S. registration
`no.
`
`2462073
`
`Register
`
`Principal
`
`Registration date
`
`06/19/2001
`
`Application date
`
`02/20/1998
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NOW DANCE
`
`NONE
`
`Class 009. First use: First Use: 1983 First Use In Commerce: Aug 1999
`musical sound recordings
`
`U.S. registration
`no.
`
`3506405
`
`Register
`
`Principal
`
`Registration date
`
`09/23/2008
`
`Application date
`
`08/27/2004
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NOW THAT'S WHAT I CALL MUSIC
`
`NONE
`
`Class 041. First use: First Use: Jan 1999 First Use In Commerce: Jan 1999
`Providing information in the field of entertainment by means of a global com-
`puter network
`
`U.S. registration
`no.
`
`2089508
`
`Register
`
`Principal
`
`Application date
`
`06/27/1994
`
`Registration date
`
`08/19/1997
`
`Foreign priority
`
`NONE
`
`

`

`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NOW THAT'S WHAT I CALL MUSIC
`
`date
`
`NONE
`
`Class 009. First use: First Use: 1990 First Use In Commerce: 1990
`musical sound recordings
`
`U.S. registration
`no.
`
`6493586
`
`Register
`
`Principal
`
`Registration date
`
`09/21/2021
`
`Application date
`
`01/08/2018
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NOW WHAT'S NEXT
`
`The mark consists of the word "NOW" next to two arrows on top of the words
`"WHAT'S NEXT".
`
`Class 009. First use: First Use: Jan 27, 2017 First Use In Commerce: Jan 27,
`2017
`Pre-recorded discs, digital audio discs, and CDs featuring music and entertain-
`ment; musical sound recordings; downloadable music, mp3 files featuring music
`andentertainment, graphics, and images in the field of music and music-related
`entertainment for wireless communication devices; downloadable music, mp3
`files featuring music and music-related entertainment, graphics, and images in
`the field of music and music-related entertainment
`
`U.S. registration
`no.
`
`6493587
`
`Register
`
`Principal
`
`Registration date
`
`09/21/2021
`
`Application date
`
`01/08/2018
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NOW WHAT'S NEXT
`
`The mark consists of the word "NOW" next to two arrows on top of the words
`"WHAT'S NEXT".
`
`Class 035. First use: First Use: Jan 27, 2017 First Use In Commerce: Jan 27,
`2017
`Distributorship services in the field of theatrical and musical sound and videore-
`cordings; advertising, publicity, andpromotion services and related consulting
`services, all in the field of music and music-related entertainment; organization
`of promotions using audio-visual media; preparing audio-visual displays for-
`music advertising; promoting the concerts of others; promoting the goods and
`services of others by arranging for sponsors to affiliate their goods and ser-
`viceswith concerts and musical events; promoting the goods and services of oth-
`ers bypreparing and placing advertisements inan electronic publication ac-
`cessed through a global computer network; providingconsumer product informa-
`tion about the goods and services of others via a global computer network in the
`field of musicand music-related entertainment
`
`U.S. registration
`no.
`
`6493588
`
`Register
`
`Principal
`
`Application date
`
`01/08/2018
`
`

`

`Registration date
`
`09/21/2021
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NOW WHAT'S NEXT
`
`The mark consists of the word "NOW" next to two arrows on top of the words
`"WHAT'S NEXT".
`
`Class 041. First use: First Use: Jan 27, 2017 First Use In Commerce: Jan 27,
`2017
`Providing online entertainment, namely,providing non-downloadable sound and
`video recordings in the field of music andmusic-related entertainment; entertain-
`ment services, namely, providing online non-downloadable prerecorded musical
`sound and video recordings via a global computer network; entertainment ser-
`vices, namely, providing a website featuring non-downloadable musical perform-
`ances, musical videos, related film clips, photographs, and other multimedia ma-
`terials featuring music and entertainment; entertainment services, namely,
`providing online reviews of music, musical artists and music videos; entertain-
`ment services, namely, providing prerecorded non-downloadable music, inform-
`ation in the field of music, and commentary and articles about music, all online
`via a global computer network
`
`Attachments
`
`2022-06-28 Notice of Opposition -- NOWMEDIA.pdf(1102504 bytes )
`
`Signature
`
`/Brent S. LaBarge/
`
`Name
`
`Date
`
`BRENT S. LABARGE
`
`06/28/2022
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`In the matter of Application Serial No. 90168635
`
`EMI (IP) LIMITED,
`
`
`
`
`Opposer,
`
`
`
`
`
`
`
`
`
`
`
`Opposition No. _________
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`v.
`
`
`
`NOW! MEDIA, INC.,
`
`
`
`
`
`
`
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`EMI (IP) Limited, a United Kingdom private limited company with a business address at
`
`4 Pancras Square, London, N1C 4AG, United Kingdom, believes that it would be damaged by
`
`the issuance of a registration to NOW! Media, Inc. (“Applicant”) for the NOWMEDIA mark (the
`
`“Contested Mark”) that is the subject of Application Serial No. 90168635 (the “Application”)
`
`and hereby opposes registration of the same under the provisions of Section 13 of the Lanham
`
`Act, 15 U.S.C. § 1063, and Section 2.101 of the Trademark Rules of Practice, 37 C.F.R. § 2.101.
`
`As grounds therefor, Opposer alleges as follows:
`
`I.
`
`OPPOSER’S RIGHTS IN ITS MARKS
`
`1.
`
`For many years, EMI (IP) Limited and its predecessors-in-interest and licensees
`
`(collectively, as applicable, “Opposer”) have continuously used, and Opposer is currently using,
`
`the mark NOW and a family of NOW-inclusive marks (collectively, the “NOW Marks”)—
`
`including the marks NOW, NOW! MUSIC, and NOW DANCE—in interstate and foreign
`
`commerce.
`
`2.
`
`Opposer uses its NOW Marks in connection with all aspects of the entertainment
`
`industry.
`
`

`

`3.
`
`The NOW Marks are inherently distinctive and strong and are therefore entitled to
`
`a broad scope of protection.
`
`4.
`
`The NOW Marks are associated exclusively with Opposer and its goods and
`
`services as a result of Opposer’s extensive, exclusive, and continuous use of the NOW Marks
`
`and the high quality of the goods and services offered under these marks. Consumers have come
`
`to rely on the NOW Marks to identify Opposer’s goods and services and to distinguish them
`
`from the goods and services of its competitors. As such, the NOW Marks have developed
`
`extensive goodwill and consumer recognition and have become famous and well-known in the
`
`United States and throughout the world.
`
`5.
`
`Opposer has used and promoted the NOW Marks together in such a way that the
`
`public associates not only the individual NOW Marks, but the common NOW element of each
`
`member of the family of marks, with Opposer.
`
`6.
`
`Opposer owns the following federal trademark and service mark registrations for
`
`its NOW Marks:
`
`MARK
`
`REG. NO.
`
`REG. DATE
`
`INT’L CLASS
`
`NOW
`
`4211879
`
`September 25, 2012
`
`9; 35; 38; 41; 45
`
`NOW! MUSIC
`
`2484158
`
`September 4, 2001
`
`NOW DANCE
`
`2462073
`
`June 19, 2001
`
`NOW THAT’S WHAT I
`CALL MUSIC
`NOW THAT’S WHAT I
`CALL MUSIC
`NOW WHAT’S NEXT
`(and Design)
`NOW WHAT’S NEXT
`(and Design)
`NOW WHAT’S NEXT
`(and Design)
`
`
`
`3506405
`
`September 23, 2008
`
`2089508
`
`August 19, 1997
`
`6493586
`
`September 21, 2021
`
`6493587
`
`September 21, 2021
`
`6493588
`
`September 21, 2021
`
`9
`
`9
`
`41
`
`9
`
`9
`
`35
`
`41
`
`- 2 -
`
`

`

`True and correct copies of printouts from the U.S. Patent and Trademark Office’s online
`
`Trademark Electronic Search System (“TESS”) database showing the current status and title of
`
`the foregoing registrations are attached collectively hereto as Exhibit 1.
`
`7.
`
`The foregoing registrations are valid, subsisting, and in full force and effect.
`
`These registrations constitute evidence of the validity of the registered marks and of the
`
`registration thereof, of Opposer’s ownership of the marks, and of Opposer’s exclusive right to
`
`use the marks in commerce in connection with the identified goods and services pursuant to
`
`Section 7(b) of the Lanham Act, 15 U.S.C. § 1057(b). Such registrations place others on
`
`constructive notice of Opposer’s claim of ownership thereof pursuant to Section 22 of the
`
`Lanham Act, 15 U.S.C. § 1072.
`
`8.
`
`Opposer’s Registration Nos. 4211879, 2484158, 2462073, 3506405, and 2089508
`
`are incontestable pursuant to Section 15 of the Lanham Act, 15 U.S.C. § 1065, and thus serve as
`
`conclusive evidence of Opposer’s exclusive right to use the marks reflected therein in connection
`
`with the goods and services identified in these registrations pursuant to Section 33(b) of the
`
`Lanham Act, 15 U.S.C. § 1115(b).
`
`9.
`
`Opposer also owns common law rights in the NOW Marks based on its extensive
`
`use and promotion of such marks in interstate and foreign commerce for many years.
`
`II.
`
`APPLICANT’S APPLICATION TO REGISTER THE CONTESTED MARK
`
`10.
`
`On September 9, 2020, Applicant applied to register the Contested Mark under
`
`Section 1(b) of the Lanham Act for goods in International Class 9 and services in International
`
`Classes 35 and 42.
`
`- 3 -
`
`

`

`11.
`
`Opposer acquired rights in the NOW Marks long before Applicant filed the
`
`Application, long before any commercial use by Applicant of the Contested Mark, and long
`
`before any priority date upon which Applicant may rely.
`
`III.
`
`LIKELIHOOD OF CONFUSION
`
`12.
`
`The Contested Mark is so similar to the NOW Marks as to be likely to create
`
`confusion, mistake, or deception as to the source, sponsorship, or affiliation of Applicant’s goods
`
`and services in the minds of consumers and persons in the trade for the following reasons, among
`
`others:
`
`13.
`
`The Contested Mark is virtually identical to each of the NOW Marks in sight,
`
`sound, and commercial meaning. Among other things, the Contested Mark features the dominant
`
`NOW element of the NOW Marks paired with the generic word MEDIA. On information and
`
`belief, Applicant sometimes uses the Contested Mark with the word NOW in all capital letters
`
`followed by an exclamation point, further reinforcing the similarities between the parties’ marks.
`
`14.
`
`The goods and services recited in the Application are either identical or closely
`
`related to the goods and services offered by Opposer in connection with the NOW Marks.
`
`15.
`
`On information and belief, Applicant’s goods and services offered in connection
`
`with the Contested Mark, if any, and the goods and services offered under the NOW Marks are
`
`likely to be sold, marketed, and/or offered to the same classes of consumers.
`
`16.
`
`On information and belief, the channels of trade for Applicant’s goods and
`
`services offered in connection with the Contested Mark, if any, and the channels of trade for
`
`Opposer’s goods and services offered under the NOW Marks are the same.
`
`- 4 -
`
`

`

`17.
`
`Applicant’s registration of the Contested Mark for the goods and services listed in
`
`the Application is thus likely to cause confusion or mistake, or to deceive the public, in violation
`
`of Section 2(d) of the Lanham Act, 15 U.S.C. § 1052(d).
`
`IV.
`
`DILUTION
`
`18.
`
`The NOW Marks are distinctive and have been used by Opposer for many years
`
`(and still are being used by Opposer) in connection with a wide variety of goods and services
`
`offered by Opposer.
`
`19.
`
`The NOW Marks are famous.
`
`20.
`
`The NOW Marks became famous long before Applicant filed the Application,
`
`long before any commercial use by Applicant of the Contested Mark, and long before any
`
`priority date upon which Applicant may rely.
`
`21.
`
`Applicant’s registration of the Contested Mark for the goods and services listed in
`
`the Application is thus likely to cause dilution by blurring and dilution by tarnishment of the
`
`NOW Marks in violation of Section 43(c) of the Lanham Act, 15 U.S.C. § 1125(c).
`
`V.
`
`INJURY TO OPPOSER
`
`22.
`
`Permitting Applicant to register the Contested Mark in connection with the goods
`
`and services recited in the Application would be inconsistent with Opposer’s prior exclusive
`
`rights in the NOW Marks and would threaten to destroy Opposer’s investment and goodwill in
`
`such marks. Opposer thus would be injured by the registration of the Application.
`
`23.
`
`Permitting Applicant to register the Contested Mark in connection with the goods
`
`and services recited in the Application further damages Opposer, since registration would confer
`
`various statutory presumptions to which Applicant is not entitled given Opposer’s longstanding
`
`prior use of the NOW Marks.
`
`- 5 -
`
`

`

`24.
`
`Permitting Applicant to register the Contested Mark in connection with the goods
`
`and services recited in the Application would weaken the strength and reputation of the NOW
`
`Marks, resulting in damage and injury to Opposer.
`
`WHEREFORE, Opposer respectfully requests that this opposition be sustained and that
`
`the Application be denied registration. This Notice of Opposition is submitted electronically and
`
`the undersigned hereby authorizes the payment of all official filing fees or any other fees due
`
`from Deposit Account No. 50-4955.
`
`
`
`Dated: June 28, 2022
`
`
`
`
`
`
`
`Respectfully submitted,
`
`EMI (IP) LIMITED
`
`
`By: s/Brent S. LaBarge/
`Brent S. LaBarge
`Universal Music Group
`2220 Colorado Avenue
`Santa Monica, California 90404
`Telephone: (310) 865-1708
`Email: brent.labarge@umusic.com;
`
` morgan.champion@umusic.com
`
`Attorneys for Opposer
`
`
`
`
`
`- 6 -
`
`

`

`EXHIBIT 1
`EXHIBIT 1
`
`

`

`6/28/22, 11:19 AM
`
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`Word Mark
`Goods and
`Services
`
`NOW
`IC 009. US 021 023 026 036 038. G & S: Musical sound recordings; audiovisual recordings featuring music;
`enhanced musical sound recordings; enhanced audiovisual recordings featuring music; [ interactive musical sound
`recordings; interactive audiovisual recordings featuring music; ] DVDs and CD-ROMs featuring music and musical
`performances, namely, performances of musical artists; downloadable musical sound recordings; downloadable
`digital musical sound recordings provided from MP3 Internet websites
`
`IC 035. US 100 101 102. G & S: Retail store services featuring musical sound recordings, audiovisual recordings
`featuring music, enhanced musical sound recordings, enhanced audiovisual recordings featuring music, [
`interactive musical sound recordings, interactive audiovisual recordings ] featuring music, and DVDs and CD-
`ROMs featuring music and musical performances, downloadable musical sound recordings, downloadable digital
`musical sound recordings provided from MP3 Internet web sites; promoting the goods and services of others in
`the recording industry and in the music industry through the distribution of printed and audio promotional
`materials; management of performing artists
`
`IC 038. US 100 101 104. G & S: Electronic transmission of digital music and information concerning music and
`musical performances; electronic transmission of news and current affairs information relating to music or musical
`performances
`
`IC 041. US 100 101 107. G & S: Musical entertainment services, namely, live musical performances, concerts and
`shows; production of musical sound recordings, musical audiovisual recordings, live musical performances and
`live music concerts; music production services; music publishing services; [ recording studio services; ] providing
`on-line information in the field of sound recordings and audiovisual recordings featuring musical performances; [
`rental of sound and audiovisual recordings featuring musical performances; ] providing a website featuring non-
`downloadable pre-recorded digital music; provision of online non-downloadable electronic publications in the
`nature of magazines and newsletters relating to sound recordings and audiovisual recordings featuring musical
`performances and musical entertainment
`
`IC 045. US 100 101. G & S: Exploitation and licensing of intellectual property rights in musical and lyrical works for
`and on behalf of authors, composers or conductors of such works; providing online information relating to
`intellectual property rights in musical and lyrical works
`
`Mark
`Drawing
`Code
`Serial
`Number
`
`(1) TYPED DRAWING
`
`76282814
`
`https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4807:lulknl.2.1
`
`1/2
`
`

`

`6/28/22, 11:19 AM
`Filing Date
`Current
`Basis
`Original
`Filing Basis 1B;44D
`Published for
`July 10, 2012
`Opposition
`Registration
`Number
`Registration
`Date
`Owner
`
`July 10, 2001
`44E
`
`Trademark Electronic Search System (TESS)
`
`4211879
`
`September 25, 2012
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`(REGISTRANT) EMI (IP) LIMITED CORPORATION UNITED KINGDOM 364-366 Kensington High Street
`LONDON W14 8NS UNITED KINGDOM
`ASSIGNMENT RECORDED
`
`Brent LaBarge
`
`Assignment
`Recorded
`Attorney of
`Record
`Priority Date January 15, 2001
`Prior
`Registrations 2112881
`Description
`Color is not claimed as a feature of the mark.
`of Mark
`Type of Mark TRADEMARK. SERVICE MARK
`Register
`PRINCIPAL
`Affidavit Text SECT 15. SECT 8 (6-YR).
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`Word Mark NOW! MUSIC
`Goods and
`IC 009. US 021 023 026 036 038. G & S: [ audio cassettes featuring music; video cassettes featuring music; digital
`Services
`audio tape featuring music; audio discs featuring music; compact discs featuring music; video discs featuring music;
`interactive multimedia computer programs featuring music; motion picture films featuring music; ] music sound
`recordings [ ; music video recordings; record albums featuring music ]. FIRST USE: 19951015. FIRST USE IN
`COMMERCE: 19980727
`
`(1) TYPED DRAWING
`
`75542249
`
`July 25, 2000
`
`2484158
`
`September 4, 2001
`
`Mark
`Drawing
`Code
`Serial
`Number
`Filing Date August 25, 1998
`Current
`1A
`Basis
`Original
`Filing Basis 1A
`Published
`for
`Opposition
`Registration
`Number
`Registration
`Date
`Owner
`
`(REGISTRANT) EMI Records Limited LIMITED LIABILITY CORPORATION ENGLAND EMI House 43 Brook Green
`London W6 7EF ENGLAND
`
`(REGISTRANT) Virgin Records Limited LIMITED LIABILITY CORPORATION ENGLAND Kensal House 553/579
`Harrow Road London W10 4RH ENGLAND
`
`(LAST LISTED OWNER) EMI (IP) LIMITED CORPORATION ENGLAND AND WALES 4 Pancras Square London
`UNITED KINGDOM N1C4AG
`ASSIGNMENT RECORDED
`
`Assignment
`Recorded
`Attorney of
`Record
`Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "MUSIC" APART FROM THE MARK AS SHOWN
`Type of
`TRADEMARK
`Mark
`
`Brent LaBarge
`
`https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4807:lulknl.3.1
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`Trademark Electronic Search System (TESS)
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`6/28/22, 11:20 AM
`Register
`PRINCIPAL
`Affidavit
`SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20110801.
`Text
`Renewal
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`1ST RENEWAL 20110801
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`Word Mark
`Goods and
`Services
`Mark Drawing
`Code
`Serial Number
`Filing Date
`Current Basis
`Original Filing
`Basis
`Published for
`Opposition
`Change In
`Registration
`Registration
`Number
`Registration
`Date
`Owner
`
`NOW DANCE
`IC 009. US 021 023 026 036 038. G & S: musical sound recordings. FIRST USE: 19830000. FIRST USE IN
`COMMERCE: 19990800
`(1) TYPED DRAWING
`
`75437998
`February 20, 1998
`1A
`1B
`
`March 16, 1999
`
`CHANGE IN REGISTRATION HAS OCCURRED
`
`2462073
`
`June 19, 2001
`
`(REGISTRANT) EMI Records Limited LIMITED LIABILITY CORPORATION UNITED KINGDOM EMI House,
`43 Brook Green London ENGLAND W6 7EF
`
`(REGISTRANT) Virgin Records Limited LIMITED LIABILITY CORPORATION UNITED KINGDOM Kensal
`House 553/579 Harrow Road London ENGLAND W10 4RH
`
`(LAST LISTED OWNER) EMI (IP) LIMITED CORP. ENGLAND AND WALES UNITED KINGDOM 4 Pancras
`Square London UNITED KINGDOM N1C4AG
`ASSIGNMENT RECORDED
`
`Assignment
`Recorded
`Attorney of
`Record
`Type of Mark
`TRADEMARK
`Register
`PRINCIPAL
`https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4807:lulknl.4.1
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`Brent LaBarge
`
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`6/28/22, 11:20 AM
`Affidavit Text
`Renewal
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`Trademark Electronic Search System (TESS)
`SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20200909.
`2ND RENEWAL 20200909
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`NOW THAT'S WHAT I CALL MUSIC
`IC 041. US 100 101 107. G & S: Providing information in the field of entertainment by means of a global
`computer network. FIRST USE: 19990100. FIRST USE IN COMMERCE: 19990100
`
`(4) STANDARD CHARACTER MARK
`
`NOTATION-SYMBOLS Notation Symbols such as Non-Latin characters,punctuation and mathematical
`signs,zodiac signs,prescription marks
`
`Word Mark
`Goods and
`Services
`Standard
`Characters
`Claimed
`Mark Drawing
`Code
`Trademark
`Search Facility
`Classification
`Code
`Serial Number
`Filing Date
`Current Basis
`Original Filing
`Basis
`Published for
`Opposition
`Registration
`3506405
`Number
`Registration Date September 23, 2008
`Owner
`(REGISTRANT) EMI (IP) Limited CORPORATION UNITED KINGDOM 364-366 Kensington High Street
`London UNITED KINGDOM W148NS
`Brent LaBarge
`
`78474693
`August 27, 2004
`1A
`1B
`
`July 5, 2005
`
`2089508;2848543
`
`Attorney of
`Record
`Prior
`Registrations
`Type of Mark
`SERVICE MARK
`Register
`PRINCIPAL
`Affidavit Text
`SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20180914.
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`1ST RENEWAL 20180914
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`NOW THAT'S WHAT I CALL MUSIC
`IC 009. US 021 023 026 036 038. G & S: musical sound recordings. FIRST USE: 19900000. FIRST USE IN
`COMMERCE: 19900000
`(1) TYPED DRAWING
`
`Word Mark
`Goods and
`Services
`Mark Drawing
`Code
`Serial Number 74542391
`Filing Date
`June 27, 1994
`Current Basis 1A
`Original Filing
`1B
`Basis
`Published for
`Opposition
`Registration
`Number
`Registration
`Date
`Owner
`
`November 12, 1996
`
`2089508
`
`August 19, 1997
`
`(REGISTRANT) VIRGIN RECORDS LIMITED LIMITED LIABILITY CORPORATION UNITED KINGDOM
`KENSAL HOUSE, 553/579 HARROW ROAD LONDON V10 4RH ENGLAND
`
`(REGISTRANT) EMI RECORDS LIMITED LIMITED LIABILITY CORPORATION UNITED KINGDOM 1/3
`UXBRIDGE ROAD, HAYES MIDDLESEX UB4 OTG ENGLAND
`
`(LAST LISTED OWNER) EMI (IP) LIMITED CORP. ENGLAND AND WALES UNITED KINGDOM 364-366
`Kensington High Street London UNITED KINGDOM W148NS
`ASSIGNMENT RECORDED
`
`Brent LaBarge
`
`Assignment
`Recorded
`Attorney of
`Record
`Type of Mark
`TRADEMARK
`Register
`PRINCIPAL
`Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20170829.
`Renewal
`2ND RENEWAL 20170829
`Live/Dead
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`TESS was last updated on Tue Jun 28 04:07:23 EDT 2022
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`Word Mark
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`Drawing
`Code
`Design
`Search Code
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`NOW WHAT'S NEXT
`IC 009. US 021 023 026 036 038. G & S: Pre-recorded discs, digital audio discs, and CDs featuring music and
`entertainment; musical sound recordings; downloadable music, mp3 files featuring music and entertainment,
`graphics, and images in the field of music and music-related entertainment for wireless communication devices;
`downloadable music, mp3 files featuring music and music-related entertainment, graphics, and images in the field
`of music and music-related entertainment. FIRST USE: 20170127. FIRST USE IN COMMERCE: 20170127
`
`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`
`24.15.04 - Arrowheads
`24.15.