Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA1137471
`06/01/2021
`
`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.
`05/30/2021
`
`ONE APPLE PARK WAY
`CUPERTINO, CA 95014
`UNITED STATES
`
`WILLIAM M. BRYNER
`KILPATRICK TOWNSEND & STOCKTON LLP
`1001 WEST FOURTH STREET
`WINSTON-SALEM, NC 27101
`UNITED STATES
`Primary Email: bbryner@kilpatricktownsend.com
`Secondary Email(s): jpetersen@kilpatricktownsend.com, Agar-
`cia@kilpatricktownsend.com, tmadmin@kilpatricktownsend.com,
`ndrake@kilpatricktownsend.com, chawthorne@kilpatricktownsend.com, hy-
`ang@kilpatricktownsend.com
`336-607-7300
`
`Docket Number
`
`Applicant Information
`
`Application No.
`Opposition Filing
`Date
`Applicant
`
`90052350
`06/01/2021
`
`Publication date
`Opposition Peri-
`od Ends
`
`12/01/2020
`05/30/2021
`
`Afuta, Amir
`1244 SOUTH SALTAIR AVENUE, APARTMENT 3
`LOS ANGELES, CA 90025
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 042. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Providing an interactive website featuring
`technology that allows users to lookfor friends or offer friendship
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`Dilution by blurring
`
`Trademark Act Section 2(d)
`Trademark Act Sections 2 and 43(c)
`
`

`

`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`2808567
`
`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.
`Registration Date
`
`2753069
`
`08/19/2003
`
`Word Mark
`Design Mark
`
`NONE
`
`Application Date
`
`07/23/2002
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`The mark consists of the design of an apple with a bite removed.
`
`

`

`Goods/Services
`
`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.
`Registration Date
`
`4829304
`
`10/13/2015
`
`Word Mark
`Design Mark
`
`APP STORE
`
`Application Date
`
`07/17/2008
`
`Foreign Priority
`Date
`
`03/07/2008
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 2008/03/06 First Use In Commerce: 2008/07/10
`Retail store services featuring computer software provided via the internet an-
`dother computer and electronic communication networks; Retail store services
`featuring computer software for use on handheld mobile digital electronic
`devices and other consumer electronics
`Class 038. First use: First Use: 2008/03/06 First Use In Commerce: 2008/07/10
`
`

`

`Electronic transmission of data via theinternet, global computer networks, wire-
`less networks and electronic communication networks; Providing access to glob-
`alcomputer networks, wireless networks and electronic communications net-
`works fortransmission or receipt of data
`Class 042. First use: First Use: 2008/03/06 First Use In Commerce: 2008/07/10
`Maintenance, repair and updating of computer software; Providing a website
`featuring technical information relating to computer software provided; Providing
`computer software consulting services; technical support services, namely,
`troubleshooting in the nature of diagnosing andrepairing computer software
`problems; computer services, namely, providing search engines for obtaining
`data via electronic communications networks; Providing temporary use of non-
`downloadable computer software to enable users to program, organize and ac-
`cess audio, video, text, multimedia content and third-party computer software
`programs; Internet services, namely, creating indexes of information, sites, and
`other resources available on global computer networks for others; Searching
`and retrieving information, sites, and other resources available on global com-
`puter networks and other electronic communication networks for others
`
`U.S. Registration
`No.
`Registration Date
`
`3710912
`
`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.
`Registration Date
`
`5851763
`
`09/03/2019
`
`Word Mark
`Design Mark
`
`APPLE MUSIC
`
`Application Date
`
`06/11/2015
`
`Foreign Priority
`Date
`
`05/26/2015
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 042. First use: First Use: 2015/06/08 First Use In Commerce: 2015/06/08
`providing online non-downloadable software for use in generating customized
`recommendations of audio, video, data, textand other multimedia content;
`providingonline non-downloadable software for use in creating and sharing playl-
`ists of audio and multimedia files; providing online non-downloadable software
`for use inconnection with an online music subscription service; providing online
`non-downloadable software for use in playing, organizing, downloading, trans-
`mitting, manipulating, and reviewing audio files andmedia files; providing online
`non-downloadable software for use in the delivery, distribution and transmission
`of digital music and entertainment-related audio, video, text and multimedia con-
`tent; providing search engines for obtaining data via the internet and other elec-
`tronic communications networks; computer services, namely, providing custom-
`ized web pages and other data feed formats featuringa user-customized feed of
`information in the fields of news, commentary, and other information, content
`from websites, and other text, audio, video, and multimedia content; creating in-
`dexes of onlineinformation, sites and other resources available on global com-
`puter networks for others; information relating to computer hardware or software
`provided on-linefrom a global computer network or the Internet; electronic data
`storage services
`
`U.S. Registration
`No.
`Registration Date
`
`5341294
`
`11/21/2017
`
`Word Mark
`
`APPLE NEWS
`
`Application Date
`
`11/13/2015
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 042. First use: First Use: 2015/06/08 First Use In Commerce: 2015/09/16
`Computer services, namely, providing a user-customized feed of news, sports,
`weather, commentary, and other information, content from periodicals, blogs,
`and websites, and other text, audio, video, and multimedia content; providing
`search engines for obtaining data via the internet and other electronic commu-
`nications networks; providing online non-downloadable application development
`software, and technical support and consultation services for developing com-
`puter applications
`
`U.S. Registration
`No.
`Registration Date
`
`6315884
`
`04/06/2021
`
`Word Mark
`Design Mark
`
`APPLE
`
`Application Date
`
`06/21/2017
`
`Foreign Priority
`Date
`
`12/22/2016
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 039. First use: First Use: 2006/12/08 First Use In Commerce: 2006/12/08
`providing geographic and destination information, maps, route planning, traffic,
`parking, and road condition information, and driving, walking, and mass transit
`directions via computers, telecommunication networks, mobile phones, hand-
`helddevices and wireless navigation devices; providing interactive maps; travel
`route planning; traffic information; parking location services; GPS navigation ser-
`vices; interactive online vehicle routingby computers and telecommunications
`networks; providing a website and an onlinesearchable computer database fea-
`turing information regarding delivery services and booking for delivery of goods;
`gift wrapping; information, advisory and consultancy services relating to all the
`aforesaid
`
`U.S. Registration
`No.
`Registration Date
`
`3717431
`
`12/01/2009
`
`Word Mark
`
`APPLECARE
`
`Application Date
`
`06/16/2008
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`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.
`Registration Date
`
`5251657
`
`07/25/2017
`
`Word Mark
`Design Mark
`
`MUSIC
`
`Application Date
`
`06/15/2015
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the design of an apple with a bite removed and the word
`"MUSIC".
`Class 042. First use: First Use: 2015/06/08 First Use In Commerce: 2015/06/30
`Providing online non-downloadable software for use in generating customized
`recommendations of audio, video, data, textand other multimedia content;
`providingonline non-downloadable software for use in creating and sharing playl-
`ists of audio and multimedia files; providing online non-downloadable software
`for use inconnection with an online music subscription service; providing online
`non-downloadable software for use in playing, organizing, downloading, trans-
`mitting, manipulating, and reviewing audio files andmedia files; providing online
`non-downloadable software for use in the delivery, distribution and transmission
`of digital music and entertainment-related audio, video, text and multimedia con-
`tent; providing search engines for obtaining data via the internet and other elec-
`tronic communications networks; computer services, namely, providing custom-
`ized web pages and other data feed formats featuringa user-customized feed of
`information in the fields of news, commentary, and other information, content
`from periodicals, blogs, and websites, and other text, audio, video, and multime-
`dia content; creating indexes of online information, sites and other resources
`available on global computer networks for others; information relating to com-
`puter hardware or software provided on-line from a global computer network or
`
`

`

`the Internet; electronic data storage services
`
`U.S. Registration
`No.
`Registration Date
`
`5851764
`
`09/03/2019
`
`Word Mark
`Design Mark
`
`MUSIC
`
`Application Date
`
`06/15/2015
`
`Foreign Priority
`Date
`
`05/21/2015
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the design of an apple with a bite removed and the word
`"MUSIC".
`Class 041. First use: First Use: 2015/06/08 First Use In Commerce: 2015/06/30
`arranging, organizing, conducting, and presenting concerts, live musical per-
`formances, entertainment special events in the nature of musical and cultural
`events, arts and cultural events, theatrical entertainment in the nature of live the-
`atrical performances, and exhibitions forentertainment purposes; production and
`distribution of radio programs, television programs, and sound recordings; enter-
`tainment services, namely, providing ongoing television, radio, audio programs,
`video programs, podcasts, and webcast programs in the field of entertainment;
`providing audio and video programming featuring entertainment, sports, music,
`information, and news by means of telecommunications networks; entertainment
`services, namely, providing streamed and downloadable audio and video con-
`tent to users through a subscription service provided online via a communication
`network; provision of live entertainment and recordedentertainment, namely,
`musical performances; providing non-downloadable audio and video program-
`ming featuring entertainment, sports, music, informational, and current events
`news programming; providing websites and computer applications featuring en-
`tertainment information, sports information, music information, news in the fields
`of music and entertainment,and arts and culture information; providing websites
`and computer applications featuring information in the field of entertainment,
`music, sports, news in the fields of music and entertainment, and arts and cul-
`ture; entertainment services,namely, providing information, reviews and person-
`alized recommendations of entertainment in the nature of music, arts and cultur-
`al events, concerts, live musical and cultural performances, fairs for entertain-
`ment purposes, music festivals for cultural or entertainment purposes, and ex-
`hibitions for entertainment purposes; entertainment services, namely, providing
`reviews, and ratings, and providing interactive websites and computer applica-
`tions for entertainment purposes for the sharing of reviews, and ratings of users
`all relating to entertainment, art and cultural events, concerts, live musical per-
`formances, entertainment fairs, music festivals for cultural or entertainment pur-
`poses, and exhibitions for entertainment purposes; providing pre-recorded mu-
`sic, video programs, and graphics for use on mobile communications devices via
`a global computer network and wireless networks; providing a website for the
`uploading, storing, sharing and viewing and posting of images, audio, videos,
`podcasts, and multimedia content; publication of articles, all in the fields of mu-
`sic and entertainment; providing websites featuring non-downloadable publica-
`tions in the nature of articles, all in the fields of music and entertainment; news
`reporting in the field of music and entertainment
`
`U.S. Registration
`No.
`
`5604598
`
`Application Date
`
`10/16/2017
`
`

`

`Registration Date
`
`11/13/2018
`
`Word Mark
`Design Mark
`
`MUSIC UP NEXT
`
`Foreign Priority
`Date
`
`04/18/2017
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the design of an apple with a bite removed and the words
`"music," "up," and "next".
`Class 041. First use: First Use: 2017/04/20 First Use In Commerce: 2017/04/20
`entertainment services in the nature ofdevelopment, creation, production, and
`distribution of musical artist video documentary series; entertainment ser-
`vices,namely, providing a website featuring on-line non-downloadable music, in-
`terviews, live music performances, and videos featuring musical artists; enter-
`tainment services, namely, a multimedia program series featuring musical artists
`distributed via various platforms across multiple forms of transmission media
`
`U.S. Registration
`No.
`Registration Date
`
`5448031
`
`04/17/2018
`
`Word Mark
`Design Mark
`
`TODAY AT APPLE
`
`Application Date
`
`09/13/2017
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 042. First use: First Use: 2017/05/21 First Use In Commerce: 2017/05/21
`Consulting services in the selection and use of computers, computer software,
`handheld and wearable digital electronic devices, audio products, home automa-
`tionproducts, and other computer, electronic, and entertainment products
`
`U.S. Registration
`No.
`Registration Date
`
`6315885
`
`04/06/2021
`
`Word Mark
`
`NONE
`
`Application Date
`
`06/21/2017
`
`Foreign Priority
`Date
`
`12/22/2016
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the design of an apple with a bite removed.
`
`Class 039. First use: First Use: 2006/12/08 First Use In Commerce: 2006/12/08
`providing geographic and destination information, maps, route planning, traffic,
`parking, and road condition information, and driving, walking, and mass transit
`directions via computers, telecommunication networks, mobile phones, hand-
`helddevices and wireless navigation devices; providing interactive maps; travel
`route planning; traffic information; parking location services; GPS navigation ser-
`vices; interactive online vehicle routingby computers and telecommunications
`networks; providing a website and an onlinesearchable computer database fea-
`turing information regarding delivery services and booking for delivery of goods;
`gift wrapping; information, advisory and consultancy services relating to all the
`aforesaid
`
`U.S. Registration
`No.
`Registration Date
`
`3298028
`
`09/25/2007
`
`Word Mark
`
`NONE
`
`Application Date
`
`08/02/2006
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`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.
`Registration Date
`
`1078312
`
`11/29/1977
`
`Word Mark
`
`APPLE
`
`Application Date
`
`03/25/1977
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 1976/04/00 First Use In Commerce: 1976/04/00
`COMPUTERS; [ AND COMPUTER PROGRAMS RECORDED ON PAPER AND
`TAPE ] (( * COMPUTER PROGRAMS, NAMELY, COMPUTER OPERATING
`SOFTWARE, COMPUTER SOFTWARE DEVELOPMENT TOOLS, GAME
`SOFTWARE, AND COMPUTER SOFTWARE FOR CREATING AND EDITING
`TEXT AND GRAPHICS * ))
`
`U.S. Registration
`No.
`Registration Date
`
`3928818
`
`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.
`Registration Date
`
`3679056
`
`09/08/2009
`
`Application Date
`
`01/13/2009
`
`Foreign Priority
`
`NONE
`
`

`

`Word Mark
`Design Mark
`
`NONE
`
`Date
`
`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.
`
`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; perso