Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA965563
`04/08/2019
`
`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
`
`Apple Inc.
`
`04/07/2019
`
`One Apple Park Way
`Cupertino, CA 95014
`UNITED STATES
`
`Joseph Petersen
`Kilpatrick Townsend & Stockton LLP
`1080 Marsh Road
`Menlo Park, CA 94025
`UNITED STATES
`JPetersen@kilpatricktownsend.com, Agarcia@kilpatricktownsend.com, tmad-
`min@kilpatricktownsend.com, PRosenberg@kilpatricktownsend.com,
`SManes@kilpatricktownsend.com
`6503262400
`
`Applicant Information
`
`Application No
`
`79228742
`
`Publication date
`
`10/09/2018
`
`Opposition Filing
`Date
`
`International Re-
`gistration No.
`
`Applicant
`
`04/08/2019
`
`1393756
`
`Opposition Peri-
`od Ends
`
`International Re-
`gistration Date
`
`04/07/2019
`
`11/28/2017
`
`NOVASEP PROCESS
`SITE EIFFEL, Boulevard de la Moselle
`F-54340 POMPEY
`FRANCE
`
`Goods/Services Affected by Opposition
`
`Class 009. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Laboratory centrifuges; Chromatography
`apparatus and installations for laboratory use; Laboratory apparatus and installations for operating
`enzymatic and fermentation processes; Ion-exchange, electrodialysis, filtration chromatography ap-
`paratus and installations for laboratory use; Software for controlling, simulating, analyzing, calculat-
`ing, and optimizingmolecular processes, molecular production, and molecular purification; Program-
`mable automated systems, namely, softwareand hardware for controlling, simulating, analyzing, cal-
`culating, and optimizing molecular processes, molecular production, and molecular purification
`
`Class 011. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Water treatment apparatus, namely, ion ex-
`changers; Water filtration apparatus; Apparatus for purifying water; Chromatography apparatus for in-
`
`

`

`dustrial use; Water treatment apparatus in the nature of installations for the treatment of aqueous
`solutions or suspensions
`
`Class 042. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Engineering; Inspection of factories and
`machines for quality control purposes;Technological audits in the nature of safety auditing, energy
`auditing, and engineering surveys; Scientific and technological consultation services in the field of
`chromatography, electrodialysis, filtering membrane, ion exchange, enzyme and fermentation pro-
`cesses; Research services in the field of chromatography, electrodialysis, filtering membrane, ion ex-
`change, enzyme and fermentation processes; Research and consultation services inthe field of
`chemistry; Conducting tests and evaluations of products for others; Laboratory services, namely,
`chromatographic analysis, electrodialysis, and filtering membrane; Design of engineering processes
`for processing, transforming, purifying, and enriching liquids, molecules, and raw materials for others
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Dilution by blurring
`
`Trademark Act Sections 2 and 43(c)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`3928818
`
`Registration Date
`
`03/08/2011
`
`Word Mark
`
`Design Mark
`
`APPLE
`
`Application Date
`
`05/03/2007
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 1976/04/01 First Use In Commerce: 1976/04/01
`Computer hardware; computer hardware, namely, server, desktop, laptop and
`notebook computers; computer memory hardware;computer disc drives; optical
`disc drives; computer hardware, software and computer peripherals for commu-
`nication between multiple computers and between computers and local and
`global computer networks; computer networking hardware; set top boxes; com-
`puter hardware and computer software for the reproduction, processing and
`streaming of audio, video and multimedia content; computer hardware and soft-
`ware for controlling the operation of audio and video devices and for view-
`ing,searching and/or playing audio, video, television, movies, photographs and
`other digital images, and other multimedia content; computer monitors; liquid
`crystal displays; flat panel display monitors;computer keyboards, cables, mo-
`dems; computer mice; electronic docking stations;stands specially designed for
`holding computer hardware and portable and handheld digital electronic
`devices; batteries; rechargeable batteries; battery chargers; battery packs;
`power adapters for computers; electrical connectors, wires, cables, and ad-
`aptors; wired and wireless remote controls for computers and portable and
`handheld digital electronic devices; headphones and earphones; stereo head-
`
`

`

`phones; in-ear headphones; microphones;audio equipment for vehicles, namely,
`MP3 players; sound systems comprising remote controls, amplifiers, loudspeak-
`ers and components thereof; audio recorders; radio receivers; radio transmitters;
`personal digital assistants; portable digital audio and video players; electronic
`organizers; cameras; telephones; mobile phones; videophones; computer gam-
`ing machines, namely, stand-alone video gaming machines; handheld and mo-
`bile digital electronic devices for the sending and receiving of telephone calls,
`electronic mail and other digital media; MP3 and otherdigital format audio and
`video players;portable and handheld digital electronic devices for recording, or-
`ganizing, transmitting, receiving, manipulating, playing and reviewing text, data,
`image, audio and video files; a full line of electronic and mechanical parts and
`fitting for portable and handheld digital electronic devices for recording, organiz-
`ing, transmitting, receiving, manipulating, playing and reviewing text, data, im-
`age, audio and video files, namely, headphones, microphones, remote controls,
`batteries, battery chargers, devices for hands-free use, keyboards, adapters;
`parts and accessories for mobile telephones, namely, mobile telephone covers,
`mobile telephone cases, mobile telephone covers madeof cloth or textile materi-
`als, mobile telephone batteries, mobile telephone battery chargers, headsets for
`mobile telephones, devices for hands-free use of mobile telephones; carrying
`cases, sacks, and bags, all for use with computers and portable and handheld
`digital electronicdevices; operating system programs; computer utility programs
`for computer operating systems; a full line of computer software for business,
`home, education, and developer use; computer software for use in organizing,
`transmitting, receiving, manipulating, playing and reviewing text, data, image,
`audio, and video files; computer programs for personal information manage-
`ment; database management software; character recognition software; electron-
`ic mail and messaging software; telecommunications software for connecting
`wireless devices, mobile telephones, handheld digital electronic devices, com-
`puters, laptop computers, computer network users, global computer networks;
`database synchronization software; computer programs for accessing, browsing
`and searching online databases; computer software to develop other computer
`software; computer software for use as a programming interface; computer soft-
`ware for use in network server sharing; local and widearea networking software;
`computer software for matching, correction, and reproduction of color; computer
`software for use in digital video and audio editing; computer software for use in
`enhancing text and graphics; computer software for use in font justification and
`font quality; computer software for use to navigate and search a global computer
`information network; computer software for use inword processing and database
`management; word processing software incorporatingtext, spreadsheets, still
`and moving images, sounds and clip art; computer software for use in authoring,
`downloading, transmitting, receiving, editing, extracting, encoding, decoding,
`playing, storing and organizing audio, video, still images and other digital media;
`computer software for analyzing and troubleshooting other computer software;
`computer graphics software; computer search engine software; website devel-
`opment software; computer software for remote viewing, remote control, com-
`munications and software distribution within personal computer systems and
`across computer networks; computer programs for file maintenance and data re-
`covery; computer software for recording and organizing calendars and sched-
`ules, to-do lists, and contact information; computer software for clock and alarm
`clock functionality; computer softwareand prerecorded computer programs for
`personal information management; electronic mail and messaging software;
`computerprograms for accessing, browsing and searching online databases;
`computer software and firmware for operating system programs; blank computer
`storage media; user manuals in electronically readable, machine readable or
`computer readable form for use with, and sold as a unit with,all the aforemen-
`tioned goods; instructional manuals packaged in association with the above
`
`U.S. Registration
`No.
`
`2715578
`
`Application Date
`
`07/01/2002
`
`

`

`Registration Date
`
`05/13/2003
`
`Word Mark
`
`Design Mark
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 1977/01/01 First Use In Commerce: 1977/01/01
`Computers hardware; computer hardware, namely, server, desktop, laptop,
`notebook and subnotebook computers; hand held and mobile computers; com-
`puter [ terminals and ] monitors; personal digital assistants; portable digital audio
`players; electronic organizers; computer keyboards, cables, [ modems; ] audio
`speakers; computer video control devices, namely, computer mice, [ trackballs,
`joysticks andgamepads; ] a full line of computer software for business, home,
`education, anddeveloper use; computer programs for personal information man-
`agement; database management software; [ character recognition software;
`telephony management software; ] electronic mail and messaging software; [
`telecommunications software, namely, for paging; ] database synchronization
`software; computer programs for accessing, browsing and searching online
`databases; operating system software; application development tool programs;
`blank computer storage media; fonts, typefaces, type designs and symbols re-
`corded onmagnetic media; computer software for use in providing multiple user
`access to a global computer information network for searching, retrieving, trans-
`ferring, manipulating and disseminating a wide range of information; computer
`software foruse as a programming interface; computer software for use in net-
`work server sharing; local and wide area networking software; computer soft-
`ware for matching, correction, and reproduction of color; computer software for
`use in digital videoand audio editing; computer software for use in enhancing
`text and graphics; computer software for use in font justification and font quality;
`computer software for use to navigate and search a global computer information
`network, as well as to organize and summarize the information retrieved; com-
`puter software for use in word processing and database management; word pro-
`cessing software incorporating text, spreadsheets, still and moving images,
`sounds and clip art; computer software for use in authoring, downloading, trans-
`mitting, receiving, editing, extracting, encoding, decoding, playing, storing and
`organizing audio, video, still images and other digital data; computer software for
`analyzing and troubleshooting other computer software; children'seducational
`
`

`

`software; computer game software; Computer graphics software; [ Computer
`search engine software; ] Web sitedevelopment software; computer program
`which provides remote viewing, remote control, communications and software
`distribution within personal computer systemsand across computer network;
`computer programs for file maintenance and data recovery; computer peripher-
`als; instructional manuals packaged in association withthe above
`
`U.S. Registration
`No.
`
`3679056
`
`Registration Date
`
`09/08/2009
`
`Word Mark
`
`Design Mark
`
`NONE
`
`Application Date
`
`01/13/2009
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the design of an apple with a bite removed.
`
`Class 009. First use: First Use: 1977/01/31 First Use In Commerce: 1977/01/31
`Computers; computer hardware; computer peripherals; handheld computers;
`handheld mobile digital electronic devices for recording, organizing, transmitting,
`manipulating, and reviewing text, data, image, audio, and audiovisual files, for
`the sending and receiving of telephone calls, electronic mail, and other digital
`data, for use as a digital format audio player, handheld computer, personal digit-
`al assistant, electronic organizer, electronic notepad, camera, and global posi-
`tioning system (GPS) electronic navigation device; digital audio and video re-
`corders and players; personal digital assistants; electronic organizers; cameras;
`telephones; mobile phones; satellite navigational systems, namely, global posi-
`tioning systems (GPS); electronic navigational devices, namely, global position-
`ing satellite (GPS) based navigation receivers; computer game machines for use
`with external display screens, monitors, or televisions; a full line of accessories
`and parts for the aforementioned goods; stands, covers, cases, holsters, power
`adaptors, and wired and wireless remote controls for the aforementioned goods;
`computer memory hardware; computer disc drives; optical disc drives; computer
`networking hardware; computer monitors; flat panel display monitors; computer
`keyboards; computer cables; modems; computer mice; electronic docking sta-
`tions; set top boxes; batteries; battery chargers; electrical connectors, wires,
`cables, and adaptors; devices for hands-free use; headphones; earphones; ear
`
`

`

`buds; audio speakers; microphones; and headsets; a full line of computer soft-
`ware for business, home, education, and developer use; user manuals for use
`with, and sold as a unitwith, the aforementioned goods; downloadable audio and
`video files, movies, ring tones, video games, television programs, pod casts and
`audio books via the internet and wireless devices featuring music, movies,
`videos, television, celebrities, sports, news, history, science, politics, comedy,
`children's entertainment,animation, culture, current events and topics of general
`interest
`
`U.S. Registration
`No.
`
`3084491
`
`Registration Date
`
`04/25/2006
`
`Word Mark
`
`Design Mark
`
`NONE
`
`Application Date
`
`04/26/2004
`
`Foreign Priority
`Date
`
`11/04/2003
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 0 First Use In Commerce: 0
`electronic apparatus and software therefor for downloading, transmitting, receiv-
`ing, playing, storing and organizing audio, video and navigation data for use in
`automobiles [, railway cars ][ and engines, ] [ ships and planes ]; sound effect
`generators and instruments comprised of computer hardware and software
`Class 012. First use: First Use: 0 First Use In Commerce: 0
`[ automobiles ]
`Class 015. First use: First Use: 0 First Use In Commerce: 0
`Electric and electronic musical instruments; musical instruments adapted to pro-
`grammed system sequences; electronic pianos, electronic keyboard instru-
`ments; electric or electronic percussion or drum systems comprised of computer
`hardware and software; music and sound synthesizers; electronic tone generat-
`ors; musical instruments controlled by computer software
`
`U.S. Registration
`No.
`
`4214003
`
`Application Date
`
`03/07/2012
`
`Registration Date
`
`09/25/2012
`
`Foreign Priority
`
`NONE
`
`

`

`Word Mark
`
`Design Mark
`
`APPLE CONFIGURATOR
`
`Date
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2012/03/07 First Use In Commerce: 2012/03/07
`Computer software used to configure multiple digital electronic devices
`
`U.S. Registration
`No.
`
`3359157
`
`Registration Date
`
`12/25/2007
`
`Word Mark
`
`Design Mark
`
`TV
`
`Application Date
`
`04/11/2007
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a design of an apple with a bite removed.
`
`Class 009. First use: First Use: 2007/03/21 First Use In Commerce: 2007/03/21
`Computer hardware; computer networking hardware; set top boxes; digital elec-
`tronic devices for recording, organizing, transmitting, receiving, manipulating,
`playing and reviewing text, data, image, audio and video files; computer soft-
`ware for use in organizing, transmitting, receiving, manipulating, playing and re-
`viewing text, data, image, audio, and video files; computer hardware and com-
`puter software for the reproduction, processing and streaming of audio, video
`and multimedia content; computer hardware and software for controlling the op-
`eration of audio and video devices and for viewing, searching and/or playing au-
`dio, video, television, movies, photographs and other digital images, and other
`multimedia content
`
`U.S. Registration
`No.
`
`3359045
`
`Registration Date
`
`12/25/2007
`
`Application Date
`
`04/09/2007
`
`Foreign Priority
`Date
`
`11/13/2006
`
`

`

`Word Mark
`
`Design Mark
`
`APPLE TV
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2007/03/21 First Use In Commerce: 2007/03/21
`Computer hardware; computer networking hardware; set top boxes; digital elec-
`tronic devices for recording, organizing, transmitting, receiving, manipulating,
`playing and reviewing text, data, image, audio and video files; computer soft-
`ware for use in organizing, transmitting, receiving, manipulating, playing and re-
`viewing text, data, image, audio, and video files; computer hardware and com-
`puter software for the reproduction, processing and streaming of audio, video
`and multimedia content; computer hardware and software for controlling the op-
`eration of audio and video devices and for viewing, searching and/or playing au-
`dio, video, television, movies, photographs and other digital images, and other
`multimedia content
`
`U.S. Registration
`No.
`
`2808567
`
`Registration Date
`
`01/27/2004
`
`Application Date
`
`10/02/2002
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`APPLE
`
`NONE
`
`Class 042. First use: First Use: 1980/09/00 First Use In Commerce: 1980/09/00
`COMPUTER CONSULTATION, DESIGN, TESTING,RESEARCH AND ADVIS-
`ORY SERVICES; RESEARCH AND DEVELOPMENT OF COMPUTER HARD-
`WARE AND SOFTWARE; MAINTENANCE AND REPAIR OF COMPUTER
`SOFTWARE APPLICATIONS; UPDATING OF COMPUTER SOFTWARE;
`COMPUTER PROGRAMMING SERVICES; PROVIDING INFORMATION CON-
`CERNING COMPUTERS AND COMPUTER SOFTWARE OVER COMPUTER
`NETWORKS AND GLOBAL COMMUNICATION NETWORKS; [ COMPUTER
`SERVICES, NAMELY, HOSTING WEB SITES AND PROVIDING WEBSITE
`OPERATION AND MANAGEMENT SERVICES TO OTHERS; ] COMPUTER
`SERVICES, NAMELY, PROVIDING SEARCH ENGINES FOR OBTAINING
`DATA ON COMPUTER NETWORKS AND GLOBAL COMMUNICATION NET-
`WORKS; LEASING OF COMPUTERS, COMPUTER PERIPHERALS AND
`COMPUTER SOFTWARE
`
`U.S. Registration
`No.
`
`2753069
`
`Registration Date
`
`08/19/2003
`
`Word Mark
`
`NONE
`
`Application Date
`
`07/23/2002
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the design of an apple with a bite removed.
`
`Class 042. First use: First Use: 1980/09/00 First Use In Commerce: 1980/09/00
`[ Application service provider (ASP), namely, hosting computer software applica-
`tions of others; ]computer services, namely, displaying the [ web sites and ] im-
`ages of others on a computer server; computer diagnostic services; installation
`of computer software; updating of computer software; maintenance of computer
`software; computer hardware development; integration of computer systems and
`networks; monitoring the computer systems of others for technical purposes and
`providing back-up computer programs and facilities; computer consultation,
`design, and testing services; consulting services inthe field of design, selection,
`implementation and use of computer hardware andsoftware systems for others;
`computer data recovery; computer programming for others; research and devel-
`opment of computer hardware and software; website design, creation [ and host-
`ing services ] ; computer services, namely, designing [ and implementing ] web
`sites for others; computer services, namely, providing search engines for obtain-
`ing data on a global computer network; providing use of on-line non-
`downloadable software for communications via local or global communications
`networks, including the Internet, intranets, and extranets; computer consultation,
`namely, analyzing data to detect, eradicate, and prevent the occurrence of com-
`puter viruses; computer consultation, namely, services relating to the protection
`of computer hardware, computer software, computer networks and computer
`systems against computer viruses, attacks, or failures; computer consultation,
`namely, services for optimizing the performance and functionality of computer
`software and communications networks; technical support services, namely,
`troubleshooting of computers, computer software, telecommunications, and the
`Internet systems; leasing of computers, computer peripherals and computer
`software; leasing computer facilities; providing information in a wide variety of
`fields over computer networks and global communication networks; computer
`services, namely, creating indexes of information, web sites and other informa-
`tion sources available on computer networks; providing information concerning a
`wide range of text, electronic documents, databases, graphics and audiovisual
`information
`
`U.S. Registration
`No.
`
`3717431
`
`Application Date
`
`06/16/2008
`
`

`

`Registration Date
`
`12/01/2009
`
`Word Mark
`
`Design Mark
`
`APPLECARE
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 042. First use: First Use: 1982/10/25 First Use In Commerce: 1982/10/25
`Technical support services, namely, troubleshooting of problems relating to
`computer hardware, computer peripherals, consumer electronic devices and
`computer software; providing technical support andtroubleshooting information
`via the Internet, voice telecommunications networksand on-site for fixing prob-
`lems relating to computer hardware, computer peripherals, computer software
`and consumer electronic devices; computer consultation, namely, services for
`optimizing the performance and functionality of computer hardware, computer
`peripherals, consumer electronic devices, computer software andcomputer net-
`works
`
`U.S. Registration
`No.
`
`3710912
`
`Registration Date
`
`11/17/2009
`
`Word Mark
`
`Design Mark
`
`APPLE STORE
`
`Application Date
`
`02/04/2008
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 037. First use: First Use: 2001/05/19 First Use In Commerce: 2001/05/19
`Maintenance, installation and repair ofcomputer hardware, computer peripher-
`alsand consumer electronic devices
`Class 038. First use: First Use: 2007/06/29 First Use In Commerce: 2007/06/29
`Technical consulting in the field of consumer electronics, namely, telephones,
`cellular telephones and wireless telecommunications devices; consulting ser-
`vicesin the field of selection, implementation and use of consumer electronic
`systems for others, namely, telecommunicationssystems featuring telephones,
`cellular telephones and wireless telecommunications devices
`
`

`

`Class 041. First use: First Use: 2001/05/19 First Use In Commerce: 2001/05/19
`Education and training services, namely, conducting classes, workshops, and
`seminars in the field of computers, computer software, online services, informa-
`tiontechnology, internet website design, music, photography and video products
`and consumer electronics; arranging professional workshop and training
`courses; computer education training services; training in the use and operation
`of computers, computer software and consumer electronics; entertainment ser-
`vices, namely, providing a facility for live concerts andspecial events in the
`nature of live musical performances; technical consultingin the field of consumer
`electronics, namely, audio, audiovisual and home and portable entertainment
`systems and devices; consulting services in the field of selection, implementa-
`tion and use of computer hardware, computer software and consumer electronic
`systems for others, namely, audio, audiovisual and home and portable entertain-
`ment systems and devices
`Class 042. First use: First Use: 2001/05/19 First Use In Commerce: 2001/05/19
`Technical support services, namely, troubleshooting computer hardware, com-
`puterperipheral, computer software and consumer electronic devices; installa-
`tion, updating, maintenance and repair of computer software; technical consult-
`ing in thefield of computers and computer-based consumer electronics; com-
`puter and consumer electronic diagnostic services; consulting services in the
`field of selection, implementation and use of computer hardware, computer soft-
`ware and computer-based consumer electronic systems for others; computer
`data recovery; consulting services in the field of selection, implementation and
`use of computer hardware and computer software for the operation of consumer
`electronic systems for othersin the nature of audio, audiovisual andhome and
`portable entertainment systemsand devices
`
`U.S. Registration
`No.
`
`5380650
`
`Registration Date
`
`01/16/2018
`
`Application Date
`
`07/20/2017
`
`Foreign Priority
`Date
`
`01/24/2017
`
`Word Mark
`
`Design Mark
`
`WORKS WITH APPLE HOMEKIT
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a house design in shades of orange contained within a
`rectangle outlined in gray next to the wording "WORKS WITH" in grey and
`"APPLE HOMEKIT" in black, all contained within a larger rectangle outlined in
`gray. The color white represents background and transparent areas and is not
`part of the mark.
`
`Class 009. First use: First Use: 2016/09/07 First Use In Commerce: 2016/10/00
`Computers; computer hardware; wireless communication devices for the trans-
`mission of voice, data, images, audio, video,and multimedia content; computer
`peripheral devices; cameras; digital audio andvideo recorders; radio transmitters
`andreceivers; electrical and electronic connectors, couplers, and adapters; re-
`motecontrols used for controlling computers, alarm, security and surveillance
`devices and systems, smoke and carbon monoxide detectors and monitors, en-
`ergy management devices and systems, lighting, electrical and electronic
`switches and outlets, and doors, windows, drapes, curtains,window shades,
`shutters, blinds and garage doors; alarms, alarm sensors, and alarm monitoring
`systems; electronic videosurveillance products, namely, electronic components
`of security systems; smokeand carbon monoxide detectors; thermostats, monit-
`
`

`

`ors, sensors, and controls forair conditioning, heating, and ventilation devices
`and systems; electric and electronic door locks and latches; remote controls for
`opening and closing garage doors; lighting controls; electrical outlets; electrical
`and electronic switches
`Class 011. First use: First Use: 2016/09/07 First Use In Commerce: 2016/10/00
`Light bulbs, lighting fixtures, and lamps; electric space heaters, air conditioners,
`and electric fans
`Class 042. First use: First Use: 2016/09/07 First Use In Commerce: 2016/10/00
`computer programming; design and development of computer software; com-
`puter software development consulting services; support and consultation ser-
`vices for developing computer systems and applications; providing information in
`the field ofcomputer software development online
`
`U.S. Registration
`No.
`
`5223891
`
`Registration Date
`
`06/13/2017
`
`Application Date
`
`09/17/2015
`
`Foreign Priority
`Date
`
`03/27/2015
`
`Word Mark
`
`Design Mark
`
`WORKS WITH APPLE HOMEKIT
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a house design outlined in white contained within an or-
`ange square with rounded corners next to the wording "WORKS WITH" in grey
`and "APPLE HOMEKIT" in black, all contained within a grey rectangle with roun-
`ded corners.
`
`Class 009. First use: First Use: 2015/09/13 First Use In Commerce: 2015/09/13
`Computers; computer peripheral devices;computer hardware; digital audio re-
`corders; digital video recorders; radio transmitters and receivers; wireless com-
`munication devices for voice, data or image transmission; wireless communica-
`tion devices for voice, data or image transmission; electrical and electronic con-
`nectors, couplers, interfaces, and adapters foruse with computers, sound re-
`cording andsound reproducing apparatus, audio and video recorders, cameras,
`air conditioning, heating, and ventilation devices and systems, alarm, security,
`and surveillance devices and systems, smoke and carbon monoxide detectors
`and monitors, energy management devices and systems, lighting, electrical and
`electronic switches and outlets, and electronic controls fordoors, windows,
`drapes, curtains, window shades, shutters, blinds, and garage doors; remote
`control apparatus for computers, alarm, security, and surveillance devices and
`systems, smoke and carbon monoxide detectors and monitors, energy manage-
`ment devices and systems, lighting, electrical and electronic switches and out-
`lets, and doors, windows, drapes, curtains, window shades, shutters, blinds, and
`garage doors; residential alarms, alarm sensors, and alarm monitoring systems;
`smoke and carbon monoxide detectors; thermostats, monitors, sensors, and
`controls and remote control apparatus for airconditioning, heating, and ventila-
`tion devices and systems; electric and electronic door locks and latches; remote
`controls for opening and closing garage dooropeners; lighting controls
`Class 011. First use: First Use: 2015/09/13 First Use In Commerce: 2015/09/13
`Air conditioning, air cooling and ventilation apparatus and instruments; electronic
`room temperature, humidity, and airquality sensors; light bulbs, lighting fixtures,
`lighting strips, and lamps; electric space heaters, air conditioners, and electric
`fans
`
`

`

`Attachments
`
`77172511#TMSN.png( bytes )
`76426501#TMSN.png( bytes )
`77648705#TMSN.png( bytes )
`78408365#TMSN.png( bytes )
`85563555#TMSN.png( bytes )
`77154348#TMSN.png( bytes )
`77152380#TMSN.png( bytes )
`78146716#TMSN.png( bytes )
`77499847#TMSN.png( bytes )
`77388365#TMSN.png( bytes )
`87536751#TMSN.png( bytes )
`86760493#TMSN.png( bytes )
`EXHIBIT 1 -NOO APPLEXION.pdf(3989246 bytes )
`EXHIBIT 2 -NOO APPLEXION.pdf(225760 bytes )
`EXHIBIT 3 -NOO APPLEXION.pdf(2394100 bytes )
`EXHIBIT 4 -NOO APPLEXION.pdf(2755337 bytes )
`EXHIBIT 5 -NOO APPLEXION.pdf(829206 bytes )
`EXHIBIT 6 -NOO APPLEXION - Rev.pdf(3335254 bytes )
`NOO - APPLEXION _Cl 9 11 42.pdf(274134 bytes )
`
`Signature
`
`Name
`
`Date
`
`/Joseph Petersen/
`
`Joseph Petersen
`
`04/08/2019
`
`

`

`
`
`
`
`
`
`EXHIBIT 1
`EXHIBIT 1
`
`

`

`5/28/2018
`
`The World's Most Valuable Brands List
`
`Billionaire Secrets
`
`The World's Most Valuable
`Brands
`
`New
`
`New
`
`The List
`
`Spreadsheet
`
`Reprints
`
`Logo Licensing
`
`Filter list by:
`
`Rank
`
`Company
`
`All industries
`
`Search by brand name
`
`
`
`Rank
`
`Brand
`
`Brand Value 1-Yr Value Change Brand Revenue Company Advertising Industry
`
`#1
`
`Apple
`
`$182.8 B 8%
`
`$228.6 B
`
`-
`
`Technology
`
`#2
`
`Google
`
`$132.1 B 30%
`
`$97.2 B
`
`$5.1 B
`
`Technology
`
`#3 Microsoft
`
`$104.9 B 21%
`
`$98.4 B
`
`$1.5 B
`
`Technology
`
`#4
`
`Facebook
`
`$94.8 B
`
`29%
`
`$35.7 B
`
`$324 M
`
`Technology
`
`#5
`
`Amazon
`
`$70.9 B
`
`31%
`
`$169.3 B
`
`$6.3 B
`
`Technology
`
`#6
`
`Coca-Cola
`
`$57.3 B
`
`2%
`
`$23.4 B
`
`$4 B
`
`Beverages
`
`#7
`
`Samsung
`
`$47.6 B
`
`25%
`
`$203.4 B
`
`$4.5 B
`
`Technology
`
`https://www.forbes.com/powerful-brands/list/#tab:rank
`
`1/11
`
`

`

`5/28/2018
`
`The World's Most Valuable Brands List
`
`#8
`
`Disney
`
`$47.5 B
`
`8%
`
`$30.4 B
`
`$2.6 B
`
`Leisure
`
`2018 RANKING
`
`#9
`
`Toyota
`
`$44.7 B
`
`9%
`
`$176.4 B
`
`$3.8 B
`
`Automotive
`
`#10 AT&T
`
`$41.9 B
`
`14%
`
`$160.5 B
`
`$3.8 B
`
`Telecom
`
`New
`
`New
`
`#11 McDonald's
`
`$41.4 B
`
`3%
`
`$90.9 B
`
`$533 M
`
`Restaurants
`
`#12 GE
`
`$37.2 B
`
`-2%
`
`$104.9 B
`
`#13 Mercedes-Benz
`
`$34.4 B
`
`18%
`
`$116.9 B
`
`-
`
`-
`
`Diversified
`
`Automotive
`
`#14 Intel
`
`$34.1 B
`
`9%
`
`$62.8 B
`
`$1.4 B
`
`Technology
`
`#15 Louis Vuitton
`
`$33.6 B
`
`17%
`
`$12.9 B
`
`$5.4 B
`
`Luxury
`
`#16 Cisco
`
`$32.4 B
`
`5%
`
`$48.1 B
`
`$209 M
`
`Technology
`
`#17
`
`IBM
`
`$32.1 B
`
`-4%
`
`$79.1 B
`
`$1.4 B
`
`Technology
`
`#18 NIKE
`
`$32 B
`
`8%
`
`$33.3 B
`
`$3.3 B
`
`Apparel
`
`#19 Verizon
`
`$31.4 B
`
`9%
`
`$126 B
`
`$2.6 B
`
`Telecom
`
`https://www.forbes.com/powerful-brands/list/#tab:rank
`
`2/11
`
`

`

`5/28/2018
`
`The World's Most Valuable Brands List
`
`#20 BMW
`
`$31.4 B
`
`9%
`
`$86.8 B
`
`-
`
`Automotive
`
`2018 RANKING
`
`#21 Oracle
`