Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1165065
`
`Filing date:
`
`10/11/2021
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91271369
`
`Party
`
`Correspondence
`Address
`
`Defendant
`Silver Apple, Inc.
`
`ROGER D. EMERSON
`EMERSON THOMSON BENNETT LLC
`1914 AKRON PENINSULA ROAD
`AKRON, OH 44313
`UNITED STATES
`Primary Email: iplaw@etblaw.com
`330-434-9999
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Answer
`
`Woli I. Urbe
`
`iplaw@etblaw.com
`
`/Woli I. Urbe/
`
`10/11/2021
`
`Attachments
`
`Silver_Apple_Answer_91271369.pdf(1421356 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposer,
`
`
`
`vs.
`
`APPLE INC.,
`
`
`
`
`
`SILVER APPLE, INC.
`
`
`
`
`
`Applicant.
`
`In the matter of Trademark Application
`Serial No.: 90/056,916
`
`Opposition No.: 91271369
`
`Mark: SILVERAPPLE
`
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`
`
`
`
`ANSWER TO NOTICE OF OPPOSITION
`
`Applicant Silver Apple, Inc. (“Silver Apple”), by and through its undersigned counsel,
`
`responds to Apple Inc.’s (“Opposer”) Notice of Opposition (the “Opposition”). To the extent not
`
`specifically admitted, Silver Apple denies every allegation in the Opposition. Silver Apple
`
`incorporates the heading used by Opposer in the Opposition for convenience and ease of reference,
`
`and denies any allegations, assertions or inferences associated with the same.
`
`FACTS
`
`1.
`
`Silver Apple is without information sufficient to form a belief as to the truth of the
`
`allegations set forth in Paragraph 1 of the Opposition and therefore denies same.
`
`2.
`
`Silver Apple is without information sufficient to form a belief as to the truth of the
`
`allegations set forth in Paragraph 2 of the Opposition and therefore denies same.
`
`3.
`
`Silver Apple denies the allegations set forth in Paragraph 3 of the Opposition.
`
`4. Whether Opposer’s Marks are famous is a conclusion of law to which no answer is
`
`required. Silver Apple denies the remaining allegations set forth in Paragraph 4 of the Opposition.
`
`1
`
`

`

`5.
`
`Silver Apple admits that Exhibit 1 appears to be a copy of printouts of Forbes
`
`magazine articles. Silver Apple is without information sufficient to form a belief as to the truth of
`
`the remaining allegations set forth in Paragraph 5 of the Opposition and therefore denies same.
`
`6.
`
`Silver Apple admits that Exhibit 2 appears to be a printout of a Harris Interactive
`
`report. Silver Apple is without information sufficient to form a belief as to the truth of the
`
`remaining allegations set forth in Paragraph 6 of the Opposition and therefore denies same.
`
`7.
`
`Silver Apple admits that Exhibit 3 appears to be a copy of printouts of Interbrand’s
`
`“Best Global Brands” rankings. Silver Apple is without information sufficient to form a belief as
`
`to the truth of the remaining allegations set forth in Paragraph 7 of the Opposition and therefore
`
`denies same.
`
`8.
`
`Silver Apple admits that Exhibit 4 appears to be a copy of printouts of Millward
`
`Brown Optimor’s brand rankings. Silver Apple is without information sufficient to form a belief
`
`as to the truth of the remaining allegations set forth in Paragraph 8 of the Opposition and therefore
`
`denies same.
`
`9.
`
`Silver Apple admits that Exhibit 5 appears to be a copy of printouts of Millward
`
`Brown Optimor’s brand rankings. Silver Apple is without information sufficient to form a belief
`
`as to the truth of the remaining allegations set forth in Paragraph 9 of the Opposition and therefore
`
`denies same.
`
`10.
`
`Silver Apple admits that Exhibit 6 appears to be a copy of printouts of OnePoll’s
`
`rankings. Silver Apple is without information sufficient to form a belief as to the truth of the
`
`remaining allegations set forth in Paragraph 10 of the Opposition and therefore denies same.
`
`2
`
`

`

`11.
`
`Silver Apple admits that Exhibit 7 appears to be copies of printouts from Fortune
`
`Magazine. Silver Apple is without information sufficient to form a belief as to the truth of the
`
`remaining allegations set forth in Paragraph 11 of the Opposition and therefore denies same.
`
`12.
`
`Silver Apple admits that Exhibit 8 appears to be a copy of printouts from Brand
`
`Finance report. Silver Apple is without information sufficient to form a belief as to the truth of
`
`the remaining allegations set forth in Paragraph 12 of the Opposition and therefore denies same.
`
`13.
`
`Silver Apple is without information sufficient to form a belief as to the truth of the
`
`allegations set forth in Paragraph 13 of the Opposition and therefore denies same.
`
`14.
`
`Silver Apple admits that Exhibit 9 appears to be a copy of website printouts. Silver
`
`Apple is without information sufficient to form a belief as to the truth of the remaining allegations
`
`set forth in Paragraph 14 of the Opposition and therefore denies same.
`
`15.
`
`Silver Apple admits that Exhibit 10 appears to be a copy of website printouts.
`
`Silver Apple is without information sufficient to form a belief as to the truth of the remaining
`
`allegations set forth in Paragraph 15 of the Opposition and therefore denies same.
`
`16.
`
`Silver Apple is without information sufficient to form a belief as to the truth of the
`
`allegations set forth in Paragraph 16 of the Opposition and therefore denies same.
`
`17.
`
`Silver Apple is without information sufficient to form a belief as to the truth of the
`
`allegations set forth in Paragraph 17 of the Opposition and therefore denies same.
`
`18.
`
`Silver Apple admits that Exhibit 11 appears to be a copy of website printouts.
`
`Silver Apple is without information sufficient to form a belief as to the truth of the remaining
`
`allegations set forth in Paragraph 18 of the Opposition and therefore denies same.
`
`3
`
`

`

`19.
`
`Silver Apple admits that Exhibit 12 appears to be a copy of website printouts.
`
`Silver Apple is without information sufficient to form a belief as to the truth of the remaining
`
`allegations set forth in Paragraph 19 of the Opposition and therefore denies same.
`
`20.
`
`Silver Apple admits that the electronic records maintained by the Trademark Status
`
`& Document Retrieval (TSDR) lists Apple Inc. (a California Corporation) as the owner of U.S.
`
`Registration Nos. 4,088,195; 3,298,028; 2,808,567; 5,341,294; 3,710,912; 6,110,765; 6,110,768;
`
`3,679,056; 3,928,818; 6,147,070; 4,009,791; 3,717,431; 5,443,302; 5,448,031; 2,926,853; and
`
`2,753,069. Silver Apple admits that Exhibit 13 appears to be a copy of non-certified copies of
`
`Certificates of Registration. Silver Apple is without information sufficient to form a belief as to
`
`the truth of the remaining allegations set forth in Paragraph 20 of the Opposition, and therefore
`
`denies same.
`
`21. Whether Opposer’s Marks are valid, subsisting, and incontestable is a conclusion
`
`of law to which no answer is required. Silver Apple is without information sufficient to form a
`
`belief as to the truth of the remaining allegations set forth in Paragraph 21 of the Opposition and
`
`therefore denies same.
`
`22.
`
`Silver Apple admits filing U.S. Trademark Application No. 90/056,916 for the
`
`mark SILVERAPPLE on July 16, 2020. The Application was filed on an intent-to-use bases for
`
`services listed in International Classes 35, 41, and 42. Silver Apple is without information
`
`sufficient to form a belief as to the truth of the remaining allegations set forth in Paragraph 22 of
`
`the Opposition, and therefore denies same.
`
`23.
`
`Silver Apple denies the legal sufficiently of Opposer’s claims but admits that the
`
`Opposition attempts to state grounds under Section 2(d) of the Lanham Act, 15 U.S.C. § 1052(d)
`
`4
`
`

`

`and Section 43(c)(1) of the Lanham Act, 5 § U.S.C. 1125(c). Silver Apple denies the remaining
`
`allegations set forth in Paragraph 23 of the Opposition.
`
`
`
`FIRST GROUND FOR OPPOSITION
`LIKELY TO CAUSE CONFUSION, OR TO CAUSE MISTAKE, OR TO DECEIVE
`
`24.
`
`Silver Apple denies the legal sufficiency of Opposer’s claims and allegations.
`
`Silver Apple repeats and reiterates its responses to the allegations set forth in Paragraphs 1-23
`
`above.
`
`25.
`
`Silver Apple is without information sufficient to form a belief as to the truth of the
`
`allegations set forth in Paragraph 25 of the Opposition and therefore denies same.
`
`26.
`
`27.
`
`28.
`
`29.
`
`30.
`
`Opposition.
`
`31.
`
`32.
`
`33.
`
`Silver Apple denies the allegations set forth in Paragraph 26 of the Opposition.
`
`Silver Apple denies the allegations set forth in Paragraph 27 of the Opposition.
`
`Silver Apple denies the allegations set forth in Paragraph 28 of the Opposition.
`
`Silver Apple denies the allegations set forth in Paragraph 29 of the Opposition.
`
`Silver Apple denies the remaining allegations set forth in Paragraph 30 of the
`
`Silver Apple denies the allegations set forth in Paragraph 31 of the Opposition.
`
`Silver Apple denies the allegations set forth in Paragraph 32 of the Opposition.
`
`Silver Apple denies the allegations set forth in Paragraph 33 of the Opposition.
`
`SECOND GROUND FOR OPPOSITION
`DILUTION OF A FAMOUS MARK
`
`34.
`
`Silver Apple denies the legal sufficiency of Opposer’s claims and allegations.
`
`Silver Apple repeats and reiterates its responses to the allegations set forth in Paragraphs 1-33
`
`above.
`
`5
`
`

`

`35. Whether Opposer’s Marks are famous is a conclusion of law to which no answer is
`
`required. Silver Apple is without information sufficient to form a belief as to the truth of the
`
`remaining allegations set forth in Paragraph 35 of the Opposition and therefore denies same.
`
`36.
`
`37.
`
`38.
`
`39.
`
`40.
`
`Silver Apple denies the allegations set forth in Paragraph 36 of the Opposition.
`
`Silver Apple denies the allegations set forth in Paragraph 37 of the Opposition.
`
`Silver Apple denies the allegations set forth in Paragraph 38 of the Opposition.
`
`Silver Apple denies the allegations set forth in Paragraph 39 of the Opposition.
`
`Silver Apple denies that Opposer is entitled to any relief whatsoever, including the
`
`relief requested by Opposer in its prayer for relief.
`
`AFFIRMATIVE DEFENSES
`
`FIRST AFFIRMATIVE DEFENSE
`
`41.
`
`There is no likelihood of confusion, mistake, or deception because, inter alia, Silver
`
`Apple’s mark and the alleged trademarks of Opposer are not confusingly similar.
`
`SECOND AFFIRMATIVE DEFENSE
`
`42. Relevant consumers will not confuse or conclude that Silver Apple’s services and
`
`Opposer’s goods and services share a common source, affiliation, or connection.
`
`THIRD AFFIRMATIVE DEFENSE
`
`43.
`
`The channels of trade for Silver Apple’s services as identified in the Application
`
`are sufficiently distinct and different from the relevant channels of trade for the goods and services
`
`alleged to be offered by the alleged trademarks of Opposer so as to avoid confusion, deception, or
`
`mistake as to the source, sponsorship, association or approval of Silver Apples’s services.
`
`
`
`
`
`6
`
`

`

`FOURTH AFFIRMATIVE DEFENSE
`
`44. Opposer will not be damaged in any legally cognizable or actionable way by
`
`registration of the mark to Silver Apple.
`
`FIFTH AFFIRMATIVE DEFENSE
`
`45.
`
`The scope of protection of Opposer’s marks are limited by the existence of similar
`
`third-party marks for educational services. Attached as Exhibit A are true and correct copies of
`
`the registration certificates of co-existing third-party registrations.
`
`
`
`WHEREFORE, Silver Apple respectfully requests that:
`
`1. the Notice of Opposition be dismissed with prejudice;
`
`2. a registration for the trademark SILVERAPPLE be issued to Silver Apple; and
`
`3. the Trademark Trial and Appeal Board award such other and further relief as it deems
`
`Respectfully submitted,
`
`just and proper.
`
`
`Dated: October 11, 2021
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Woli I. Urbe
`Woli I. Urbe
`Emerson Thomson Bennett, LLC
`1914 Akron-Peninsula Rd.
`Akron, Ohio 44313
`(330) 434-9999 – Telephone
`(330) 434-8888 – Facsimile
`wiu@etblaw.com
`
`Attorneys for Applicant Silver Apple, Inc.
`
`7
`
`

`

`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that a copy of the foregoing ANSWER TO NOTICE OF OPPOSITION
`
`was filed electronically with the Trademark Trial and Appeal Board via Electronic System for
`
`Trademark Trials and Appeals and duly served upon counsel for Opposer via e-mail on October
`
`11, 2021.
`
`
`
`William M. Bryner
`Kilpatrick Townsend & Stockton LLP
`1001 West Fourth Street
`Winston-Salem, North Carolina 27101
`Telephone: (336) 607-7482
`Facsimile: (336) 734-2656
`Email: bbryner@kilpatricktownsend.com
`
`Hannah T. Yang
`1080 Marsh Road
`Menlo Park, California 94025
`Telephone: (650) 326-2400
`Facsimile: (650) 326-2422
`Email: HYang@kilpatricktownsend.com
`
`Attorneys for Opposer Apple Inc.
`
`
`
`
`Dated: October 11, 2021
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Woli I. Urbe
`Woli I. Urbe
`
`
`
`
`
`
`
`8
`
`

`

`
`
`
`
`
`Exhibit A
`Exhibit A
`
`

`

`Reg. No. 5,887,036
`
`Registered Oct. 15, 2019
`
`Red Apple Solutions, LLC  (UTAH LIMITED LIABILITY COMPANY)
`1389 Center Drive, Ste 200
`Park City, UTAH 84098
`
`Int. Cl.: 36
`
`Service Mark
`
`Principal Register
`
`CLASS 36: Insurance brokerage in the field of education
`
`FIRST USE 1-11-2019; IN COMMERCE 4-1-2019
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
`PARTICULAR FONT STYLE, SIZE OR COLOR
`
`SER. NO. 88-260,855, FILED 01-14-2019
`
`

`

`Reg. No. 5,924,141
`
`Registered Dec. 03, 2019
`
`Apple Montessori Schools, LLC  (DELAWARE LIMITED LIABILITY COMPANY)
`5 Newark Pompton Turnpike
`Riverdale, NEW JERSEY 07457
`
`Int. Cl.: 41
`
`Service Mark
`
`Principal Register
`
`CLASS 41: Education services, namely, providing classroom instruction at the infant, toddler,
`pre-school, kindergarten and elementary school
`levels using Montessori principles, and
`distribution of course material in connection therewith; day camp, summer camp, before and
`after school education programs featuring recreation and activities for children at the infant,
`toddler, pre-school, kindergarten and elementary school levels
`
`FIRST USE 10-1-1972; IN COMMERCE 10-1-1999
`
`The mark consists of an apple with a stem and leaf on top and a slice of apple cut out so that
`one can see the apple seeds inside, along with the words "APPLE MONTESSORI
`SCHOOLS" to the side of the picture.
`
`No claim is made to the exclusive right to use the following apart from the mark as shown:
`"MONTESSORI SCHOOLS"
`
`SER. NO. 88-150,854, FILED 10-11-2018
`
`

`

`Reg. No. 5,227,866
`
`Registered Jun. 20, 2017
`
`Yelena Dobrynina (UNITED STATES INDIVIDUAL)
`Unit 102
`9152 Lemona Ave.
`North Hiils, CA 91343
`
`Int. Cl.: 41
`
`Service Mark
`
`CLASS 41: Education services in the nature of early childhood instruction
`
`FIRST USE 4-9-2014; IN COMMERCE 4-9-2014
`
`Principal Register
`
`The color(s) white, red, and black is/are claimed as a feature of the mark.
`
`The mark consists of a an apple, cut in half, with red skin, black lining inside the red, and a
`red border along the black, with a slice of apple with red skin, white fill, and black lining in
`front of it with the stem and leaf of the apple in back. The words "APPLE SCHOOL" appear
`in a red and white stylized font within a white banner with black outline across the middle of
`the apple. The slogan ""GIVE US A SEED, WE WILL GROW AN APPLE"" appears in
`black stylized font
`in an arc above the apple and the words "EARLY CHILDHOOD
`EDUCATIONAL CENTER" in black stylized font in an arc below. The mark appears on a
`white background.
`
`No claim is made to the exclusive right to use the following apart from the mark as shown:
`"SCHOOL" AND "EARLY CHILDHOOD EDUCATION CENTER"
`
`SER. NO. 87-239,593, FILED 11-16-2016
`MEGA MAJCHER HARTNETT, EXAMINING ATTORNEY
`
`

`

`Reg. No. 6,493,551
`
`Registered Sep. 21, 2021
`
`Chad Napier Inc.  (CALIFORNIA CORPORATION)
`3415 S Sepulveda Blvd, Suite 1100
`Los Angeles, CALIFORNIA 90034
`
`Int. Cl.: 9, 16, 41
`
`Service Mark
`
`Trademark
`
`Principal Register
`
`CLASS 9: Downloadable e-books in the field of children's books featuring a golden
`doodle dog named "Apple"
`
`FIRST USE 11-15-2017; IN COMMERCE 11-15-2017
`
`CLASS 16: A Series of children's books about a Goldendoodle dog named "Apple"
`
`FIRST USE 11-15-2017; IN COMMERCE 11-15-2017
`
`CLASS 41: Entertainment services, namely, providing ongoing webisodes about a
`Goldendoodle dog named "Apple" featuring children's entertainment and education via
`a global computer network
`
`FIRST USE 11-15-2017; IN COMMERCE 11-15-2017
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO
`ANY PARTICULAR FONT STYLE, SIZE OR COLOR
`
`SER. NO. 87-665,168, FILED 10-30-2017
`
`

`

`Reg. No. 5,472,885
`
`Registered May 22, 2018
`
`Int. Cl.: 29, 30, 32, 41, 43
`
`Service Mark
`
`Trademark
`
`Principal Register
`
`LE CHATEAU DE MA MERE SA (BELGIUM CORPORATION)
`Avenue Prekelinden 38
`Brussels, BELGIUM 1020
`
`CLASS 29: Chocolate milk; Compotes; Dairy-based beverages; Edible oils and fats; Eggs;
`Jellies, jams; Meat extracts; Milk; Milk curd; Milk powder; Preserved, dried and cooked fruit
`and vegetables; Meat, fish, poultry and game, not live
`
`CLASS 30: Baking powder; Cocoa; Confectionery, namely, pastilles; Edible ices; Flour;
`Frozen yoghurt; Honey; Ice cream; Ice milk; Ice for refreshment; Mustard; Preparations made
`from cereals, namely, cereal based snack foods, cereal based energy bars and breakfast
`cereals; Rice; Sago; Salt; Sauces; Spices; Sugar; Tapioca; Vinegar; Yeast; Table syrup
`
`CLASS 32: Beers; Energy drinks; Fruit drinks and fruit juices; Isotonic beverages; Mineral
`and aerated waters; Non-alcoholic cocktails; Preparations for making beverages, namely, fruit
`drinks, energy drinks,
`isotonic beverages, soft drinks, and non-alcoholic cocktails; Soft
`drinks; Sports drinks; Syrups for beverages
`
`CLASS 41: Educational services, namely, providing workshops, classes, and seminars in the
`fields of hospitality, health, and nutritional matters; Organizing community sporting and
`cultural events; Training services in the field of hospitality, health and nutritional matters;
`Education
`and entertainment
`services, namely, ongoing television public
`service
`announcements and ongoing television programs in the field of hospitality, health and
`nutritional matters broadcast over television, satellite, audio and video media
`
`CLASS 43: Hotel services; Providing of food and drink; Restaurant services
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
`PARTICULAR FONT STYLE, SIZE OR COLOR
`
`OWNER OF BENELUX REG. NO. 0833883, DATED 11-27-2007, RENEWED AS REG.
`NO. 0833883, DATED 11-27-2017, EXPIRES 11-27-2027
`
`No claim is made to the exclusive right to use the following apart from the mark as shown:
`"APPLE"
`
`SER. NO. 87-391,683, FILED 03-30-2017
`
`

`

`ited States of Amery,
`ley
`
`Antted States Patent and Trademark Office
`
`POISON APPLE EDUCATION
`PROJECT
`
`Reg. No. 4,960,931
`Registered May 17, 2016
`
`POISON APPLE EDUCATION PROJECT (CALIFORNIA NON-PROFIT CORPORATION)
`11684 VENTURA BLVD
`#254
`STUDIO CITY, CA 91604
`
`Int. CL: 36
`
`SERVICE MARK
`
`PRINCIPAL REGISTER
`
`FOR: CHARITABLE FUNDRAISING; CHARITABLE FUNDRAISING SERVICES; CHARTT-
`ABLE FUNDRAISING SERVICES FOR PROMOTING RESEARCH, EDUCAT[TION AND
`
`OTHER ACTIVITIES RELATING TO THE USE OF PESTICIDES AND ANTIBIOTICS;
`CHARITABLE FUNDRAISING SERVICES, BY MEANS OF PROVIDING INDIVIDUALS
`WITH THE INFORMATION AND OPPORTUNITY TO MAKE MONETARY DONATIONS
`TO THEIR FAVORITE CHARITY, CHARITABLE FUNDRAISING SERVICES FOR PROMOT-
`ING RESEARCH, EDUCATION AND OTHER ACTIVITIES RELATING TO AUTISM AND
`HARMFUL FOOD PRACTICES, IN CLASS 36 (U.S. CLS. 100, 101 AND 102).
`
`FIRST USE 1-22-2016; INCOMMERCE1-22-2016.
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO
`TICULARTONT, STYLE, SIZE, OR COLOR.
`
`ANY PAR-
`
`NO CILATM IS MADE TO THE EXCLUSIVE RIGHT TO USE "EDUCATION PROJECT" IN
`INT. CLASS 36,APART FROM THE MARK AS SHOWN.
`
`
`
`SN 86-373,244, FILED 8-21-2014.
`
`KARENK. BUSIL EXAMINING ATTORNEY
`
`
`
`Wtrettt, K Lo
`Director of the United States
`Patent and Trademark Office
`
`

`

`ited States of Amery,
`Antted States Patent and Trademark Office
`lly
`
`THE GOLDEN APPLE RULE
`
`Reg. No. 4,680,698
`Registered Feb. 3, 2015
`
`JCB CONSULTING SERVICES INCORPORATLD (NEW YORK CORPORATION)
`230 STEWART AVENUE
`GARDENCITY, NY 11530
`
`FOR: EDUCATION SERVICES, NAMELY, PROVIDING TRAINING TO BUSINESSES,
`SCHOOLS AND INDIVIDUALS IN THE FIELD OF ANTI-BULLYING POLICIES FOR
`CHILDREN WITH FOODALLERGIES AND DIETARY INTOLERANCESAND DISTRIBUTING
`TRAINING MATERIALS IN CONNECTION THLREWITH. EDUCATION SERVICES,
`NAMELY, CONDUCTING CLASSES AND SEMINARSIN THE FIELD OF ANTI-BULLYING
`POLICTES FOR CHILDREN WITH FOOD ALLERGIES AND DIETARY INTOLERANCES
`AND DISTRIBUTING TRAINING MATERIALSIN CONNECTION THEREWITH,IN CLASS
`41 (US. CLS. 100, 101 AND 107).
`
`
`
`
`
`FIRST USE 4-0-2012; IN COMMERCE4-0-2012.
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUTCLAIM‘TO ANY PAR-
`TICULAR FONT, STYLE, SIZE, OR COLOR.
`
`SER. NO. 86-141,729, FILED 12-12-2013.
`
`EDWARD FENNESSY, EXAMINING ATTORNEY
`
`Int. CL: 41
`
`SERVICE MARK
`
`PRINCIPAL REGISTER
`
`
`
`Vitctth, Ko Lo
`Deputy Director of the United States
`Patent and Trademark Office
`
`

`

`ited States of Amey
`Antted States Patent and Trademark Office
`lly
`
`wv
`
` BIG APPLE
`ZA7 TUTORING
`
`LLC
`
`Reg. No. 4,636,062
`Registered Nov. 11, 2014
`
`BIG APPLE TUTORING LLC (NEW YORKLIMITED LIABILITY COMPANY)
`
`259 WEST 18TH STREET, #4
`NEWYORK, NY 10011
`
`FOR: CONDUCTING AFTER SCHOOL MATH, ENGLISH, SCIENCE, FOREIGN LANGUAGES
`AND STANDARDIZED TEST PREPARATION IN GRADES K-12 AND COLLEGE LEVEL
`
`
`TUTORING PROGRAMS; EDUCATION SERVICES, NAMELY, PROVIDING TUTORINGIN
`
`
`
`
`TUE FIELDS OF MATIT, ENGLISIT, SCIENCE, rORLIGN LANGUAGES,TISTORY, SOCIAL
`
`SCIENCES AND STANDARDIZED TEST PREPARATION FOR GRADESK-12 AND COLLEGE
`LEVEL, IN CLASS 41 (U.S. CLS. 100, 101 AND 107).
`
`
`
`
`FIRST USE 1 1-0-2001; INCOMMERCE1 1-0-2001.
`
`
` ~a USAN RICITARDS, EXAMINING ATTORNEY
`
`
`
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "TUTORING LLC", APART
`FROM THE MARK AS SHOWN.
`
`
`
` 1 THE MARK CONSISTS OF THE DESIGN OF AN APPLE DEPICTED OVER A STYLIZED
`
`
`
`
`DESIGN OF AN OPEN BOOK WITIT THE WORDING "BIG APPLE TUTORING LLC" AP-
`PEARING TO THE RIGHT OF THE APPLE AND OPEN BOOK DESIGNS.
`
`
`SEC. 2(F) AS TO "BIG APPLE TUTORING LLC".
`
`uwSER. NO. 86-190,885, FILED 2-11-2014.
`
`Int. CL: 41
`
`SERVICE MARK
`
`PRINCIPAL REGISTER
`
`
`
`Wtcbetlh, K Lo
`Deputy Director of the United States
`Patent and Trademark Office
`
`

`

`ited States of Amery,
`Antted States Patent and Trademark Office
`lly
`
`BIG APPLE TUTORING
`
`BIG APPLE TUTORING LLC (NEW YORK LIMITED LIABILITY COMPANY)
`259 WEST 18TH STREET,#4
`NEWYORK, NY 10011
`
`
`
`FOR: CONDUCTING AFTER SCHOOL MATH, ENGLISH, SCIENCE, FOREIGN LANGUAGES,
`AND S'TANDARDIZED TEST PREPARATION IN GRADES K-12 AND COLLEGE LEVEL
`TUTORING PROGRAMS; EDUCATION SERVICES, NAMELY, PROVIDING TUTORING IN
`THLE FIELDS OF MATT, ENGLISH, SCIENCE, FORLIGN LANGUAGES, INSTORY, SOCIAL
`SCIENCES, AND STANDARDIZED TEST PREPARATION FOR GRADESK-12 AND COLLEGE
`LEVEL, IN CLASS 41 (U.S. CLS. 100, 101 AND 107).
`
`FIRST USE 8-1-1998; IN COMMERCE8-1-1998.
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIMTO ANY PAR-
`TICULAR FONT, STYLE, SIZE, OR COLOR.
`
`NO CLAIMIS MADE TO THE EXCLUSIVE RIGHT TO USE "TUTORING", APART FROM
`TIL MARK AS SIIOWN.
`
`SEC. 2(F).
`
`SER. NO. 86- 190,867, FILED 2-11-2014.
`
`SUSAN RICHARDS, EXAMINING ATTORNEY
`
`Reg. No. 4,631,421
`Registered Nov. 4, 2014
`
`Int. Cl.: 41
`
`SERVICE MARK
`
`PRINCIPAL REGISTER
`
`
`
`Vitctth, Ko Lo
`Deputy Director of the United States
`Patent and Trademark Office
`
`

`

`Reg. No. 5,612,093
`
`Registered Nov. 20, 2018
`
`Amended Sep. 24, 2019
`
`GOLDEN APPLE FOUNDATION FOR EXCELLENCE IN TEACHING
` (ILLINOIS CORPORATION), DBA GOLDEN APPLE FOUNDATION
`8 South Michigan Avenue
`Ste 700
`Chicago, ILLINOIS 60603
`
`Int. Cl.: 41
`
`Service Mark
`
`CLASS 41: Education services, namely, providing mentoring, tutoring, classes, seminars and
`workshops in the field of teacher preparation and excellence in teaching
`
`FIRST USE 6-26-2017; IN COMMERCE 6-26-2017
`
`Principal Register
`
`The mark consists of hands shaped to form an apple, with the term "GOLDEN APPLE "
`underneath.
`
`SER. NO. 86-361,405, FILED 08-08-2014
`
`

`

`ited States of Amery,
`Antted States Patent and Trademark Office
`lly
`
`AppleSeed
`
`Reg. No. 4,786,133
`Registered Aug. 4, 2015
`
`AWANA CLUBS INTERNATIONAL (ILLINOIS NON-PROFIT CORPORATION)
`ONE EAST BODE ROAD
`STREAMWOOD, IT, 60107
`
`FOR: DIGITAL MATERIALS, NAMELY, PRERECORDED CDS, DVDS, AND DOWNLOAD-
`ABLb AUDIO AND VIDEO FILES FEATURING RELIGIOUS CONTEN'L, IN CLASS 9 (U.S.
`CLS. 21, 23, 26, 36 AND 38).
`
`FIRST USE 7-20-2013; IN COMMERCE7-20-2013.
`
`FOR: PRINTED TEACHING MATERIALS IN THE FIELD OF RELIGIOUS EDUCATION,IN
`CLASS 16 (U‘S. CLS. 2, 5, 22, 23, 29, 37, 38 AND 50).
`
`FIRST USE 7-20-2013; IN COMMERCE7-20-2013.
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUTCLAIM‘TO ANY PAR-
`TICULAR FONT, STYLE, SIZE, OR COLOR.
`
`SN 85-602,672, FILED 4-19-2012.
`
`DOMINIC FATHY, EXAMINING ATTORNEY
`
`Int. Cls.: 9 and 16
`
`TRADEMARK
`
`PRINCIPAL REGISTER
`
`
`
`Wtrettt, K Lo
`Director of the United States
`Patent and Trademark Office
`
`