Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA1137871
`06/02/2021
`
`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.
`06/02/2021
`
`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): bbryner@kilpatricktownsend.com,
`jpetersen@kilpatricktownsend.com, HYang@kilpatricktownsend.com, Agar-
`cia@kilpatricktownsend.com, tmadmin@kilpatricktownsend.com
`336-607-7300
`
`Docket Number
`
`Applicant Information
`
`Application No.
`Opposition Filing
`Date
`Applicant
`
`90111541
`06/02/2021
`
`Publication date
`Opposition Peri-
`od Ends
`
`02/02/2021
`06/02/2021
`
`Campbell, Ayana
`292 EAST 34TH STREET
`BROOKLYN, NY 11203
`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: Downloadable electronic publications inthe
`nature of magazines in the field ofwomen's health
`
`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
`
`6309372
`
`03/30/2021
`
`Word Mark
`Design Mark
`
`APPLE BOOKS
`
`Application Date
`
`07/04/2018
`
`Foreign Priority
`Date
`
`01/05/2018
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2018/09/17 First Use In Commerce: 2018/09/17
`Computer software for searching, browsing, sampling, purchasing, downloading,
`reading, displaying, storing, transmitting, sharing, organizing, highlighting, annot-
`ating, customizing, reviewing, and rating electronic books, magazines, periodic-
`als, journals, brochures, audiobooks, multimedia works, and other publication-
`sand documents
`
`U.S. Registration
`No.
`Registration Date
`
`5346816
`
`11/28/2017
`
`Word Mark
`Design Mark
`
`APPLE NEWS
`
`Application Date
`
`11/13/2015
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2015/06/08 First Use In Commerce: 2015/09/16
`Computer software for accessing, searching, browsing, displaying, reading, re-
`commending, sharing, posting in social media, organizing, annotating, and
`archiving content from newspapers, periodicals, blogs, and websites, news,
`sports, weather, commentary, and other information, and other text, data, graph-
`ics, images, audio, video, and multimedia content; electronic publication reader
`software; application development software
`
`U.S. Registration
`No.
`Registration Date
`
`6015367
`
`03/17/2020
`
`Word Mark
`
`NEWS+
`
`Application Date
`
`08/01/2019
`
`Foreign Priority
`Date
`
`02/08/2019
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the design of an apple with a bite removed and the word
`"News+".
`Class 035. First use: First Use: 2019/03/25 First Use In Commerce: 2019/03/25
`Retail store services in the field of books, magazines, periodicals, newsletters,
`journals and other publications on a wide range of topics of general interest,
`provided via the Internet and other computer, electronic and communications
`networks; subscription services, namely, providing subscriptions to text, data,
`image, audio, video, and multimedia content, provided via the Internet and other
`electronic and communications networks; providing subscription services of
`downloadable pre-recorded text, data, image, audio, video, and multimedia con-
`tent for a fee or pre-paid subscription, via the Internet and other electronic and
`communications networks
`
`U.S. Registration
`No.
`Registration Date
`
`5291678
`
`09/19/2017
`
`Word Mark
`Design Mark
`
`APPLE NEWS
`
`Application Date
`
`11/13/2015
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 2015/06/08 First Use In Commerce: 2016/04/05
`Providing web pages featuring information in the field of entertainment, mu-
`sic,sports, current events news, and arts and culture
`
`U.S. Registration
`No.
`Registration Date
`
`5341294
`
`11/21/2017
`
`Word Mark
`Design Mark
`
`APPLE NEWS
`
`Application Date
`
`11/13/2015
`
`Foreign Priority
`Date
`
`NONE
`
`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
`
`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
`
`1078312
`
`11/29/1977
`
`Word Mark
`Design Mark
`
`APPLE
`
`Application Date
`
`03/25/1977
`
`Foreign Priority
`Date
`
`NONE
`
`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
`
`3679056
`
`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.
`Registration Date
`
`2715578
`
`05/13/2003
`
`Word Mark
`Design Mark
`
`NONE
`
`Application Date
`
`07/01/2002
`
`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.
`Registration Date
`
`3084491
`
`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.
`Registration Date
`
`1114431
`
`03/06/1979
`
`Word Mark
`Design Mark
`
`NONE
`
`Application Date
`
`03/20/1978
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`THE MARK CONSISTS OF A SILHOUETTE OF ANAPPLE WITH A BITE RE-
`MOVED.
`Class 009. First use: First Use: 1977/01/00 First Use In Commerce: 1977/01/00
`COMPUTERS [ AND COMPUTER PROGRAMS RECORDED ON PAPER AND
`TAPE]
`
`Attachments
`
`88025718#TMSN.png( bytes )
`86819678#TMSN.png( bytes )
`88559819#TMSN.png( bytes )
`86819705#TMSN.png( bytes )
`86819744#TMSN.png( bytes )
`77172511#TMSN.png( bytes )
`73120444#TMSN.png( bytes )
`77648705#TMSN.png( bytes )
`76426501#TMSN.png( bytes )
`78408365#TMSN.png( bytes )
`73162799#TMSN.png( bytes )
`NOO-GREEN APPLES.pdf(311825 bytes )
`EXHIBIT 1.pdf(4924146 bytes )
`EXHIBIT 2.pdf(533843 bytes )
`EXHIBIT 3.pdf(4523688 bytes )
`EXHIBIT 4.pdf(4113012 bytes )
`EXHIBIT 5.pdf(4463796 bytes )
`EXHIBIT 6.pdf(434259 bytes )
`
`

`

`EXHIBIT 7.pdf(4257508 bytes )
`EXHIBIT 8.pdf(287941 bytes )
`EXHIBIT 9.pdf(1790651 bytes )
`
`Signature
`Name
`Date
`
`/William M. Bryner/
`William M. Bryner
`06/02/2021
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Application Serial No. 90/111,541
`For the Mark: GREEN APPLES
`Filed: August 13, 2020
`Published: February 2, 2021
`
`APPLE INC.,
`
`Opposer,
`
` v.
`
`NOTICE OF OPPOSITION
`
`AYANA CAMPBELL,
`
`Applicant.
`
`APPLE INC. (“Opposer” or “Apple”), a California corporation with a principal place of
`
`business at One Apple Park Way, Cupertino, California 95014, will be damaged by the issuance
`
`of registration for the trademark shown in Application Serial No. 90/111,541 (“Applicant’s Mark”)
`
`for the goods identified in Class 9 and hereby opposes the same.
`
`As grounds for its opposition, Apple alleges as follows, with knowledge concerning its
`
`own acts, and on information and belief as to all other matters:
`
`FACTS
`
`1.
`
`Apple is the world-famous designer, manufacturer, and marketer of mobile
`
`communication and media devices and personal computers, and seller of a variety of related
`
`software, services, accessories, and third-party digital content and applications. Apple’s APPLE
`
`brand is one of the best-known brands in the world.
`
`2.
`
`Since at least as early as 1977, Apple has extensively promoted, marketed,
`
`advertised, distributed, and sold goods and services in connection with a family of trademarks
`
`1
`
`

`

`consisting, in whole or in part, of the word APPLE or its graphic equivalent, the Apple Logo
`
`(shown below) depicting a stylized apple with a detached leaf (collectively, the “Apple Marks”).
`
`3.
`
`Apple’s family of Apple Marks are distinctive, arbitrary, and fanciful marks that
`
`have achieved an extraordinary level of fame and consumer recognition. As a result of Apple’s
`
`extensive advertising, promotion, and use of the Apple Marks in connection with a variety of goods
`
`and services, the Apple Marks have acquired enormous goodwill, and are recognized immediately
`
`as identifying Apple’s APPLE-branded goods and services.
`
`4.
`
`The Apple Marks are famous and distinctive within the meaning of Section 43(c)
`
`of the Lanham Act, 15 U.S.C. § 1125(c). The extraordinary level of fame and consumer
`
`recognition that the Apple Marks currently enjoy cannot be seriously disputed.
`
`5.
`
`For many years, Apple’s APPLE brand (including the Apple Logo) has consistently
`
`been recognized as one of the world’s most famous brands. In July 2020, Forbes magazine ranked
`
`the APPLE brand as the world’s most valuable brand for the tenth year in a row, with an estimated
`
`valuation of $260.2 billion. Attached as Exhibit 1 are printouts of Forbes magazine articles
`
`regarding its list of the most valuable brands from 2020, 2019, 2018, 2017, 2016, 2015, 2014,
`
`2013, 2012, and 2011, obtained from its website.
`
`6.
`
`In 2021, for the tenth consecutive year, Apple won the Harris Interactive “Brand
`
`of the Year” award in the tablet computer category. Apple was also named the #1 brand in the
`
`smart phone category, computer manufacturer category, and wearable tech category. Attached as
`
`Exhibit 2 is a printout of the Harris Interactive report obtained from the website at
`
`https://theharrispoll.com/the-harris-poll-announces-this-years-brands-of-the-year-2021.
`
`2
`
`

`

`7.
`
`Additionally, Interbrand has consistently recognized the APPLE brand in the top
`
`50 of its “Best Global Brands” annual rankings, increasing in value each year. After being named
`
`the second most valuable brand in the world in 2012, the next year the APPLE brand was ranked
`
`as the most valuable, and Apple has maintained that top position every year since (2013-2020).
`
`Attached as Exhibit 3 are copies of relevant pages of Interbrand’s “Best Global Brands” rankings
`
`from 2011 through 2020, in reverse chronological order. Interbrand has awarded the APPLE brand
`
`the following rankings and brand valuations over the past 10 years:
`
`(a) 2020: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $322.99 billion;
`
`(b) 2019: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $234.24 billion;
`
`(c) 2018: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $214.48 billion;
`
`(d) 2017: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $184.15 billion;
`
`(e) 2016: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $178.12 billion;
`
`(f) 2015: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $170.28 billion;
`
`(g) 2014: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $118.86 billion;
`
`(h) 2013: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $98.32 billion;
`
`(i) 2012: valuing the APPLE brand as the 2nd most valuable brand in the world, with
`an estimated worth of U.S. $76.57 billion; and
`
`(j) 2011: valuing the APPLE brand as the 8th most valuable brand in the world, with
`an estimated worth of U.S. $33.49 billion.
`
`3
`
`

`

`8.
`
`In 2020, leading market research and brand valuation company Millward Brown
`
`Optimor (“MBO”) named APPLE as the second most valuable brand in the United States in its
`
`“Brandz™ Top 100 Most Valuable U.S. Brands” annual rankings. Last year, APPLE was named
`
`the most valuable brand in the United States, and in 2018, the inaugural year of MBO’s U.S.
`
`rankings, APPLE was named the second most valuable brand in the United States. Copies of
`
`MBO’s 2020, 2019, and 2018 “Brandz™ Top 100 Most Valuable U.S. Brands” annual rankings
`
`are attached as Exhibit 4.
`
`9.
`
`Moreover, over the past 13 years, MBO has named APPLE as one of the world’s
`
`top brands in its “Brandz™ Top 100 Most Valuable Global Brands” annual rankings. In MBO’s
`
`2020 rankings, Apple’s APPLE brand was ranked the second most valuable brand in the world
`
`with a value of $352.2 billion. In MBO’s 2019 rankings, Apple’s APPLE brand was ranked the
`
`second most valuable brand in the world with a value of $309.5 billion. In MBO’s 2018 rankings,
`
`Apple’s APPLE brand was ranked the second most valuable brand in the world with a value of
`
`$300.6 billion. In MBO’s 2017 rankings, Apple’s APPLE brand was ranked the second most
`
`valuable brand in the world with a value of $234.67 billion. The 2016 rankings also ranked
`
`Apple’s APPLE brand the second most valuable brand in the world with a value of $228.46 billion.
`
`In 2015, MBO named Apple the world’s most valuable brand, a rank it also held in 2011, 2012,
`
`and 2013. Apple’s APPLE brand ranked 2nd in 2014, 3rd in 2010, 6th in 2009, and 7th in 2008,
`
`clearly demonstrating recognition of the APPLE brand as one of the world’s most valuable for
`
`more than a decade. Attached as Exhibit 5 are copies of relevant pages of MBO’s rankings in
`
`reverse chronological order from 2020 through 2008.
`
`4
`
`

`

`10.
`
`In addition, market research company OnePoll named Apple’s Apple Logo as the
`
`most instantly recognizable brand logo in the United States in 2019. Attached as Exhibit 6 is a
`
`copy of OnePoll’s ranking of top 30 most recognizable brand logos.
`
`11.
`
`Apple also has been widely recognized as an extremely valuable, innovative, and
`
`admired company. Each year since 2006, Fortune Magazine has published its list of “Most
`
`Admired Companies.” Apple has featured prominently in these rankings each year, and for 11
`
`years in a row from 2009 to 2020, Apple has been named the “World’s Most Admired Company”
`
`for the year. Before 2009, Fortune Magazine’s list was limited to “America’s Most Admired
`
`Companies,” and Apple also topped that list in 2008. Attached as Exhibit 7 are copies of printouts
`
`of relevant pages of Fortune Magazine’s “Most Admired Companies” rankings in reverse
`
`chronological order from 2020 through 2008.
`
`12.
`
`In addition, in 2021, leading brand valuation consultancy Brand Finance named
`
`APPLE as the world’s most valuable brand in the Brand Finance Global 500 ranking, valuing the
`
`brand at $263.4 billion. Attached as Exhibit 8 is a copy of the “Top 25 Most Valuable Brands”
`
`page from the Brand Finance Global 500 2021 report.
`
`13.
`
`Apple owns numerous United States applications and registrations on the Principal
`
`Register for the Apple Marks, including, without limitation, the following:
`
`TRADEMARK
`
`APP. NO/
`REG. NO.
`
`APP. DATE/
`REG. DATE
`
`6,309,372
`
`Jul. 4, 2018 /
`Mar. 30, 2021
`
`5,346,816 Nov. 13, 2015 /
`Nov. 28, 2017
`
`GOODS/SERVICES
`(FIRST USE/PRIORITY DATE)
`Class 9: computer software for searching, browsing,
`sampling, purchasing, downloading, reading, displaying,
`storing, transmitting, sharing, organizing, highlighting,
`annotating, customizing, reviewing, and rating electronic
`books, magazines, periodicals, journals, brochures,
`audiobooks, multimedia works, and other publications and
`documents (first use: Sep. 1, 2018)
`Class 9: computer software for accessing, searching,
`browsing, displaying, reading, recommending, sharing,
`posting in social media, organizing, annotating, and
`archiving content from newspapers, periodicals, blogs, and
`websites, news, sports, weather, commentary, and other
`
`5
`
`

`

`TRADEMARK
`
`APP. NO/
`REG. NO.
`
`APP. DATE/
`REG. DATE
`
`6,015,367
`
`Aug. 1, 2019 /
`Mar. 17, 2020
`
`5,291,678 Nov. 13, 2015 /
`Sep. 19, 2017
`
`5,341,294 Nov. 13, 2015 /
`Nov. 21, 2017
`
`3,928,818
`
`May 3, 2007/
`Mar. 8, 2011
`
`GOODS/SERVICES
`(FIRST USE/PRIORITY DATE)
`information, and other text, data, graphics, images, audio,
`video, and multimedia content; electronic publication
`reader software; application development software (first
`use: Jun. 8, 2015)
`Class 35: retail store services in the field of books,
`magazines, periodicals, newsletters, journals and other
`publications on a wide range of topics of general interest,
`provided via the internet and other computer, electronic
`and communications networks; subscription services,
`namely, providing subscriptions to text, data, image,
`audio, video, and multimedia content, provided via the
`internet and other electronic and communications
`networks; providing subscription services of downloadable
`pre-recorded text, data, image, audio, video, and
`multimedia content for a fee or pre-paid subscription, via
`the internet and other electronic and communications
`networks (first use: Mar. 25, 2019)
`Class 41: providing web pages featuring information in
`the field of entertainment, music, sports, current events
`news, and arts and culture (first use: Jun. 8, 2015)
`Class 42: 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 communications
`networks; providing online non-downloadable application
`development software, and technical support and
`consultation services for developing computer applications
`(first use: Jun. 8, 2015)
`Class 9: 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 communication between multiple
`computers and between computers and local and global
`computer networks; computer networking hardware; set
`top boxes; computer hardware and computer software for
`the reproduction, processing and streaming of audio, video
`and multimedia content; computer hardware and software
`for controlling the operation of audio and video devices
`and for viewing, 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, modems; 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
`adaptors; wired and wireless remote controls for
`computers and portable and handheld digital electronic
`
`6
`
`

`

`TRADEMARK
`
`APP. NO/
`REG. NO.
`
`APP. DATE/
`REG. DATE
`
`GOODS/SERVICES
`(FIRST USE/PRIORITY DATE)
`devices; headphones and earphones; stereo headphones;
`in-ear headphones; microphones; audio equipment for
`vehicles, namely, mp3 players; sound systems comprising
`remote controls, amplifiers, loudspeakers 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
`gaming machines, namely, stand-alone video gaming
`machines; handheld and mobile digital electronic devices
`for the sending and receiving of telephone calls, electronic
`mail and other digital media; mp3 and other digital format
`audio and video players; portable and handheld digital
`electronic devices for recording, organizing, 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, organizing,
`transmitting, receiving, manipulating, playing and
`revie