Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA987655
`07/15/2019
`
`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.
`
`07/14/2019
`
`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, SManes@kilpatricktownsend.com, Agar-
`cia@kilpatricktownsend.com, tmadmin@kilpatricktownsend.com
`6503262400
`
`Applicant Information
`
`Application No
`
`88090562
`
`Publication date
`
`01/15/2019
`
`Opposition Filing
`Date
`
`Applicant
`
`07/15/2019
`
`Opposition Peri-
`od Ends
`
`07/14/2019
`
`TeakOrigin Inc.
`177 Huntington Ave., Suite 1703 #99420
`Boston, MA 02115
`UNITED STATES
`
`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: Database management software for use in-
`analyzing the content, quality, nutritional attributes and other characteristics of food products; Com-
`puter applicationsoftware for mobile phones, namely, software for use in analyzing content, quality,
`nutritional attributes and other characteristics of food products; Computersoftware for accessing in-
`formation directories that may be downloaded from the global computer network; Computer software
`for use in analyzing the content, quality, nutritional attributes and other characteristics of food
`products; Downloadable mobile applications for use in analyzing the content, quality, nutritionalattrib-
`utes and other characteristics offood products; Downloadable software inthe nature of a mobile ap-
`plication for use in analyzing the content, quality, nutritional attributes and other characteristics of
`food products; Spectroscopy analyzers, not for medical purposes; Scientific instruments, namely,
`analyzers for measuring, testing and detecting contaminants and environmental pollutants
`
`Class 035. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Commercial consultancy in the field of retail
`
`

`

`sale and distribution of food
`
`Class 042. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Consulting in the field of information tech-
`nology; Consulting services in the field of computer-based information systems for businesses; Con-
`sulting services in the field of design, selection, implementation and use of computer hardware and
`software systems for others; scientific and technical consultancy in the fieldof food; Consulting ser-
`vices in the field of providing online, non-downloadablesoftware and applications; Providing anon-line
`searchable database in the field of food analysis for scientific research purposes and commercial dis-
`tribution and warehousing purposes; Providing on-line non-downloadable software for use inanalyz-
`ing the content, quality, nutritional attributes and other characteristics of food products; Scientific re-
`search consulting in the field of food distribution, warehousing and sales; Technology consultation
`and research in the field of food distribution, warehousing and sales; Technology supervision and in-
`spection in the field of food distribution, warehousing and sales; Database developmentservices
`
`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.
`
`3298028
`
`Registration Date
`
`09/25/2007
`
`Word Mark
`
`Design Mark
`
`NONE
`
`Application Date
`
`08/02/2006
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 1981/03/01 First Use In Commerce: 1981/03/01
`Arranging and conducting trade shows, and trade show expositions and exhibi-
`tions in the fields of computers, computer software, online services, information
`technology, and consumer electronics
`Class 041. First use: First Use: 1981/03/01 First Use In Commerce: 1981/03/01
`Education and training services, namely, conducting classes, workshops, con-
`
`

`

`ferences and seminars in the field of computers, computer software, online ser-
`vices,information technology, internet website design, video products and con-
`sumer electronics; arranging of exhibitions, seminars and conferences; arran-
`ging professional workshop and training courses; computer education training
`services; training in the use and operation of computers and computer software;
`providing a website for the uploading, sharing, viewingand posting of photo-
`graphs, digital images, movies, videos, online journals, namely web blogs in
`general interest fields, and other related multimedia entertainment materials
`over a global computer network; providing fitness and exercise facilities; Physic-
`al fitness consultationand instruction; providing on-line publications in the nature
`of newsletters inthe field of computers and education; providing information in
`the field of education via the internet; providing information in the field of enter-
`tainment viathe Internet concerning movies, music, videos, television, celebrit-
`ies, sports,news, history, science, politics, comedy, children's entertainment, an-
`imation, culture, current events
`
`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
`
`Registration Date
`
`05/13/2003
`
`Word Mark
`
`NONE
`
`Application Date
`
`07/01/2002
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`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.
`
`5161497
`
`Registration Date
`
`03/14/2017
`
`Word Mark
`
`Design Mark
`
`WATCH
`
`Application Date
`
`09/10/2014
`
`Foreign Priority
`Date
`
`07/24/2014
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the design of an apple with a bite removed and the word
`"WATCH".
`
`Class 010. First use: First Use: 2014/09/09 First Use In Commerce: 2015/04/10
`General wellness instruments, namely, health, fitness, exercise, and wellness
`sensors, monitors and displays sold as a unit in the form of a wrist-wearable
`computerized device for measuring, displaying, tracking, monitoring, storing, and
`transmitting biometric data, heart rate, body movement, and calories burned;
`general wellness apparatus and devices sold as a unit in the form of a wrist-
`wearable computerized device to measure, display, track, monitor, store, and
`transmit biometric data, heart rate, body movement, and calories burned
`
`U.S. Registration
`No.
`
`5161494
`
`Registration Date
`
`03/14/2017
`
`Word Mark
`
`Design Mark
`
`APPLE WATCH
`
`Application Date
`
`09/09/2014
`
`Foreign Priority
`Date
`
`03/11/2014
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 010. First use: First Use: 2014/09/09 First Use In Commerce: 2015/04/10
`General wellness instruments, namely, health, fitness, exercise, and wellness
`sensors, monitors and displays sold as a unit in the form of a wrist-wearable
`computerized device for measuring, displaying, tracking, monitoring, storing, and
`transmitting biometric data, heart rate, body movement, and calories burned;
`general wellness apparatus and devices sold as a unit in the form of a wrist-
`wearable computerized device to measure, display, track, monitor, store, and
`transmit biometric data, heart rate, body movement, and calories burned
`
`U.S. Registration
`
`4956950
`
`Application Date
`
`01/23/2015
`
`

`

`No.
`
`Registration Date
`
`05/10/2016
`
`Word Mark
`
`Design Mark
`
`WATCH SPORT
`
`Foreign Priority
`Date
`
`07/24/2014
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the design of an apple with a bite removed and the words
`"WATCH" and "SPORT".
`
`Class 009. First use: First Use: 2014/09/09 First Use In Commerce: 2015/04/10
`Computers; computer peripheral devices;computer hardware; personal digital
`assistants; electronic personal organizers;electronic notepads; sound recording
`and sound reproducing apparatus; MP3 and other digital format audio players;
`digital audio recorders; radios, radio transmitters, and receivers; audio compon-
`ents and accessories, namely, microphones andspeakers sold as component
`features of computers; network communication apparatus, namely, mobile and
`wearable digital electronic devices for the sending and receiving of text, data,
`audio, image, and video files across networks; electronic communication equip-
`ment and instruments, namely, mobile and wearable digital electronic devices
`for sending and receiving of text, data, audio, image, and video files; telecom-
`munications apparatus and instruments, namely, speakers and microphones
`sold as component features of computers; mobile and wearable digital electronic
`devices for the sending and receiving of telephone calls, text messages, elec-
`tronic mail, and other digital data, and for use in providing access to the internet;
`global positioning system (GPS) devices; telephones; wireless communication
`devices for voice, data or imagetransmission; cables, namely, electric charging
`cables; apparatus for data storage, namely, mobile and wearable digitalelectron-
`ic devices for the storage of text, data, audio, image, and video files; computer
`software for the redirection of messages, Internet e-mail, and other data to one
`or more electronic wearable wireless communication devices from a data store
`on or associated with a personal computer or a server; software for thesyn-
`chronization of data between a remote station or device and a fixed or remote
`station or device; computer software for monitoring, processing, displaying, stor-
`ing and transmitting data relating toa user's physical activity; computer software
`for managing information regarding tracking, compliance and motivation with a
`health and fitness program; electric wires for mobile and wearable digital elec-
`tronic devices, electronic docking stations, interfaces for computers, and ad-
`apters for use with all of the aforesaid goods; computer peripheral equipment for
`use with all of the aforesaid goods; electronic apparatus with multimedia func-
`tions for use with all of the aforesaidgoods, namely, mobile and wearable digital
`electronic devices for recording, organizing, transmitting, manipulating, and re-
`viewing text, data, audio, image andvideo files; electronic apparatus with inter-
`active functions for use with all of the aforesaid goods, namely, pedometers,
`multifunctional electronic devices for displaying, measuring, and transmitting in-
`formation including, time, date, heart rate, global positioning, direction, distance,
`altitude, speed, steps taken, calories burned, navigational information, weather
`information, temperature, changes in heart rate, and activity level, sensors for
`scientific use to be worn bya human to gather human biometric data;mobile and
`wearable digital electronic devices for recording, organizing, transmitting, manip-
`ulating, and reviewing text, data, audio, image and video files; accessories,
`parts, fittings, and testingapparatus for all of the aforesaid goods, namely, micro-
`phones and speakers soldas component features of computers, power adapters
`and electric charging cables
`
`

`

`U.S. Registration
`No.
`
`5607476
`
`Registration Date
`
`11/13/2018
`
`Application Date
`
`02/05/2016
`
`Foreign Priority
`Date
`
`08/07/2015
`
`Word Mark
`
`Design Mark
`
`MADE FOR APPLE WATCH
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a stylized design of a left-facing wristwatch with a clasped
`watch strap viewed from the side, with the wording "MADE FOR APPLE
`WATCH" appearing to its right in stylized form, and with the wording and design
`enclosed in a rectangle with rounded corners.
`
`Class 009. First use: First Use: 2015/10/31 First Use In Commerce: 2015/10/31
`computer peripherals; computer hardware; Computer peripherals for mobile
`devices, namely, electronic devices, monitors,sensors, and displays for sensing,
`monitoring, recording, displaying, measuring, and transmitting global positioning,
`direction, distance, altitude, speed, navigational information, weather informa-
`tion, temperature, physical activity level, heart rate, pulse rate, blood pressure,
`calories burned, steps taken, and biometric data; electrical and electronic con-
`nectors, couplers, wires, cables, battery chargers, docks, docking stations, and
`adapters for use with all of the aforesaid goods; stands adapted or shaped to
`contain computers, computer peripherals,computer hardware, hand held com-
`puters,mobile phones, and wearable computer peripherals
`
`U.S. Registration
`No.
`
`5638181
`
`Registration Date
`
`12/25/2018
`
`Word Mark
`
`Design Mark
`
`WATCH EDITION
`
`Application Date
`
`01/23/2015
`
`Foreign Priority
`Date
`
`07/24/2014
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the design of an apple with a bite removed and the words
`"WATCH" and "EDITION".
`
`Class 009. First use: First Use: 2014/09/09 First Use In Commerce: 2015/04/10
`Computers; computers, namely, smartwatches; computer peripheral devices;
`computer hardware; personal digital assistants; electronic personal organizers;
`electronic notepads; sound recording and soundreproducing apparatus; MP3
`and other digital format audio players; digital audio recorders; radios, radio
`transmitters,and receivers; audio speakers sold as component features of com-
`puters; microphones sold as component features of computers; network commu-
`nication apparatus, namely, mobile and wearable digital electronic devices for
`the sending and receiving of text, data, audio, image, and video files across net-
`
`

`

`works; electronic communication equipment and instruments, namely, mobile
`and wearable digital electronic devices for sending and receiving oftext, data,
`audio, image, and video files; telecommunications apparatus and instruments,
`namely, speakers and microphones sold as component features of computers,
`mobile and wearable digital electronic devices for the sending and receivingof
`telephone calls, text messages, electronic mail, and other digital data, andfor
`use in providing access to the internet; global positioning system (GPS) devices;
`telephones; wireless communication devices for voice, data or image transmis-
`sion; cables, namely, electric charging cables; apparatus for data storage,
`namely, mobile and wearable digital electronic devices for the storage of text,
`data, audio, image, and video files; batteries sold as component features of
`computers; computer software for recording, organizing, transmitting, manipulat-
`ing, and reviewing text, data, audio, image and video files; computer software for
`accessing, browsing and searching online databases; computer software and
`firmware, namely, operating system programs, database synchronization soft-
`ware, and datasynchronization programs; computer software for the redirection
`of messages, Internet e-mail, and other data to one or more electronic wearable
`wireless communication devices from a data store on or associated with a per-
`sonal computer or aserver; software for the synchronization of data between a
`remote station or device and a fixed or remote station or device; computer ap-
`plication software for configuring and controlling wearable computer hardware
`and wearable computer peripherals; computer software for monitoring, pro-
`cessing, displaying, storing and transmitting data relating to a user's physical
`activity; computer software for managing information regarding track-
`ing,compliance and motivation with a healthand fitness program; computer
`game software and electronic games software; electrical and electronic connect-
`ors, electric wires, battery chargers, docks for mobile and wearable digital elec-
`tronic devices, electronic docking stations, interfaces for computers, and ad-
`apters for use with all of the aforesaid goods; computer peripheral equipment for
`use with smartwatches, namely, smartwatch bands andsmartwatch straps; elec-
`tronic apparatuswith multimedia functions for use with all of the aforesaid goods,
`namely, mobile and wearable digital electronic devices for recording, organizing,
`transmitting, manipulating, and reviewing text, data, audio, image and video
`files; electronic apparatus with interactive functions for use with all of the afore-
`said goods, namely, pedometers, altimeters, multifunctional electronic devices
`for displaying, measuring, and transmitting information including, time, date,
`heart rate,global positioning, direction, distance, altitude, speed, steps taken,
`caloriesburned, navigational information, weather information, temperature,
`changes in heart rate, and activity level; sensors for scientific use to be worn by
`a humanto gather human biometric data, mobile and wearable digital electronic
`devices for recording, organizing, transmitting,manipulating, and reviewing text,
`data,audio, image and video files
`
`U.S. Registration
`No.
`
`5628056
`
`Registration Date
`
`12/11/2018
`
`Word Mark
`
`Design Mark
`
`WATCH
`
`Application Date
`
`09/10/2014
`
`Foreign Priority
`Date
`
`07/24/2014
`
`Description of
`Mark
`
`The mark consists of the design of an apple with a bite removed and the word
`"WATCH".
`
`

`

`Goods/Services
`
`Class 009. First use: First Use: 2014/09/09 First Use In Commerce: 2015/04/10
`Computers; computers, namely, smartwatches; computer peripheral devices;
`computer hardware; computer hardware for use in measuring heart rhythm;
`computer hardware for use in taking electrocardiograms; personal digital assist-
`ants; electronic personal organizers; electronic notepads; sound recording and
`sound reproducing apparatus; MP3 and other digital format audio players; digital
`audio recorders; radios, radio transmitters, and receivers; audio speakers sold
`as component features of computers; microphones sold ascomponent features
`of computers; network communication apparatus, namely, mobile and wearable
`digital electronic devices for the sending and receiving of text,data, audio, im-
`age, and video files across networks; electronic communication equipment and
`instruments, namely, mobileand wearable digital electronic devicesfor sending
`and receiving of text, data, audio, image, and video files; telecommunications
`apparatus and instruments, namely, speakers and microphones sold as com-
`ponent features of computers, mobile and wearable digital electronic devices for
`the sending and receiving of telephone calls, text messages, electronic mail, and
`other digital data, and for use inproviding access to the internet; global position-
`ing system (GPS) devices; telephones; wireless communication devices for
`voice, data or image transmission; cables, namely, charging cables; apparatus-
`for data storage, namely, mobile and wearable digital electronic devices for the
`storage of text, data, audio, image, and video files; batteries sold as component
`features of computers; computer software for recording, organizing, transmitting,
`manipulating, and reviewing text, data, audio, image and video files; computer
`software for accessing, browsing and searching online databases; computer
`software and firmware, namely, operating system programs, database synchron-
`ization software, and data synchronization programs; computer software for the
`redirection of messages, Internet e-mail, and/or other data to one or more elec-
`tronic wearable wireless communication devices from a data store on or associ-
`ated with apersonal computer or a server; softwarefor the synchronization of
`data betweena remote station or device and a fixed or remote station or device;
`computer application software for use in connectionwith configuring and con-
`trolling wearable computer hardware and wearable computer peripherals; com-
`puter software for monitoring, processing, displaying, storing and transmitting
`data relating to a user's physical activity; computer software for managing in-
`formation regarding tracking, compliance and motivation with a health and fit-
`ness program; computer game software and electronic games software; electric-
`al and electronic connectors, electric wires, battery chargers, docks,electronic
`docking stations, interfacesfor computers, and adapters for use with all of the
`aforesaid goods; computer peripheral equipment for use with smartwatches,
`namely, smartwatch bands and smartwatch straps; electronic apparatus with-
`multimedia functions for use with all of the aforesaid goods, namely, mobile and
`wearable digital electronic devices for recording, organizing, transmitting, manip-
`ulating, and reviewing text, data, audio, image and video files; electronic appar-
`atus with interactive functions foruse with all of the aforesaid goods, namely, pe-
`dometers, altimeters, multifunctional electronic devices for displaying,measuring,
`and transmitting informationincluding, time, date, heart rate, global positioning,
`direction, distance, altitude, speed, steps taken, calories burned, navigational in-
`formation, weather information, temperature, changes in heartrate, and activity
`level; sensors for scientific use to be worn by a human to gather human biomet-
`ric data, mobile and wearable digital electronic devices for recording, organizing,
`transmitting, manipulating, and reviewing text, data, audio, image and video files
`
`U.S. Registration
`No.
`
`5628055
`
`Registration Date
`
`12/11/2018
`
`Word Mark
`
`APPLE WATCH
`
`Application Date
`
`09/09/2014
`
`Foreign Priority
`Date
`
`03/11/2014
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2014/09/09 First Use In Commerce: 2015/04/10
`Computers; computers, namely, smartwatches; computer peripheral devices;
`computer hardware; computer hardware for use in measuring heart rhythm;
`computer hardware for use in taking electrocardiograms; personal digital assist-
`ants; electronic personal organizers; electronic notepads; sound recording and
`sound reproducing apparatus; MP3 and other digital format audio players; digital
`audio recorders; radios, radio transmitters, and receivers; audio speakers sold
`as component features of computers; microphones sold ascomponent features
`of computers; network communication apparatus, namely, mobile and wearable
`digital electronic devices for the sending and receiving of text,data, audio, im-
`age, and video files across networks; electronic communication equipment and
`instruments, namely, mobileand wearable digital electronic devicesfor sending
`and receiving of text, data, audio, image, and video files; telecommunications
`apparatus and instruments, namely, speakers and microphones sold as com-
`ponent features of computers, mobile and wearable digital electronic devices for
`the sending and receiving of telephone calls, text messages, electronic mail, and
`other digital data, and for use inproviding access to the internet; global position-
`ing system (GPS) devices; telephones; wireless communication devices for
`voice, data or image transmission; cables, namely, charging cables; apparatus-
`for data storage, namely, mobile and wearable digital electronic devices for the
`storage of text, data, audio, image, and video files; batteries sold as component
`features of computers; computer software for recording, organizing, transmitting,
`manipulating, and reviewing text, data, audio, image and video files; computer
`software for accessing, browsing and searching online databases; computer
`software and firmware, namely, operating system programs, database synchron-
`ization software, and data synchronization programs; computer software for the
`redirection of messages, Internet e-mail, and/or other data to one or more elec-
`tronic wearable wireless communication devices from a data store on or associ-
`ated with apersonal computer or a server; softwarefor the synchronization of
`data betweena remote station or device and a fixed or remote station or device;
`computer application software for use in connectionwith configuring and con-
`trolling wearable computer hardware and wearable computer peripherals; com-
`puter software for monitoring, processing, displaying, storing and transmitting
`data relating to a user's