Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA1157944
`09/07/2021
`
`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.
`09/05/2021
`
`ONE APPLE PARK WAY
`CUPERTINO, CA 95014
`UNITED STATES
`
`JOSEPH PETERSEN
`KILPATRICK TOWNSEND & STOCKTON LLP
`1080 MARSH ROAD
`MENLO PARK, CA 94025
`UNITED STATES
`Primary Email: jpetersen@kilpatricktownsend.com
`Secondary Email(s): jpetersen@kilpatricktownsend.com, BBRYN-
`ER@kilpatricktownsend.com, HYang@kilpatricktownsend.com, Agar-
`cia@kilpatricktownsend.com, tmadmin@kilpatricktownsend.com
`650-326-2400
`
`Docket Number
`
`Applicant Information
`
`Application No.
`Opposition Filing
`Date
`Applicant
`
`90259628
`09/07/2021
`
`Publication date
`Opposition Peri-
`od Ends
`
`03/09/2021
`09/05/2021
`
`UVNV, INC.
`SUITE 100
`1550 SCENIC AVENUE
`COSTA MESA, CA 92626
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 038. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Providing access to telecommunication net-
`works and Internet access to wireless spectrums for Internet of Things and business to business ap-
`plications; providing business to business advisory servicesrelating to telecommunications
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`Dilution by blurring
`
`Trademark Act Section 2(d)
`Trademark Act Sections 2 and 43(c)
`
`

`

`Other
`
`common law rights.
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`2870477
`
`08/03/2004
`
`Word Mark
`Design Mark
`
`NONE
`
`Application Date
`
`08/22/2002
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the design of an apple with a bite removed.
`
`Class 038. First use: First Use: 1994/04/09 First Use In Commerce: 1994/04/09
`Telecommunication services, namely, electronic transmission of data and im-
`ages via computer networks; electronic mail services; providing on-line electron-
`ic bulletin boards for transmission of messages among computer users in the
`fields ofbusiness, creative design, education, computers, information techno-
`logy, word processing, database management, entertainment, electronic com-
`merce and telecommunications; telecommunications consultation; delivery of
`messages by electronic transmission; electronic transmission of data and in-
`formation by computer, radio,mail, providing Internet access
`
`U.S. Registration
`No.
`Registration Date
`
`3746840
`
`02/09/2010
`
`Word Mark
`
`IPHONE
`
`Application Date
`
`12/15/2007
`
`Foreign Priority
`Date
`
`06/22/2007
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a design of an apple with a bite removed.
`
`Class 009. First use: First Use: 2007/06/29 First Use In Commerce: 2007/06/29
`Handheld mobile digital electronic devices for the sending and receiving of tele-
`phone calls, electronic mail, and otherdigital data, for use as a digital format au-
`dio player, and for use as a handheld computer, personal digital assist-
`ant,electronic organizer, electronic notepad, and camera
`Class 028. First use: First Use: 2007/06/29 First Use In Commerce: 2007/06/29
`Handheld unit for playing electronic games
`Class 038. First use: First Use: 2007/06/29 First Use In Commerce: 2007/06/29
`Telecommunication access services; communication by computer; transmission
`of data and of information by electronic means; provision of telecommunications
`connections to computer databases and the Internet; electronic transmission of
`streamed and downloadable audio and video files via computer and other com-
`municationsnetworks; delivery of messages by electronic transmission; provision
`of telecommunications connections to electronic communications networks, for
`transmission or reception of audio, video or multimedia content
`
`U.S. Registration
`No.
`Registration Date
`
`6148889
`
`09/08/2020
`
`Word Mark
`Design Mark
`
`TV +
`
`Application Date
`
`07/17/2019
`
`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
`"tv +".
`Class 038. First use: First Use: 2019/11/01 First Use In Commerce: 2019/11/01
`Transmission of streamed music, audio, video, and multimedia content by
`means of telecommunications networks; subscription transmission services of
`streamed music, audio, video, and multimedia content by means of telecommu-
`nications networks
`
`U.S. Registration
`No.
`
`6046302
`
`Application Date
`
`09/25/2019
`
`

`

`Registration Date
`
`05/05/2020
`
`Word Mark
`Design Mark
`
`TV
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a black rectangle with rounded corners containing a
`designof an apple with a bite removed and theword "tv", both design and word in
`shades of green and blue.
`Class 038. First use: First Use: 2019/05/13 First Use In Commerce: 2019/05/13
`broadcasting, transmission, and streaming of voice, data, images, audio,
`video,multimedia, television, by means of telecommunications networks, com-
`puter networks, the Internet, and wireless communications networks; subscrip-
`tion and pay-per-view broadcasting, transmission, and streaming services by
`means of telecommunications networks, computer networks, the Internet, and
`wireless communications networks; video-on-demand transmission services
`Class 041. First use: First Use: 2019/05/13 First Use In Commerce: 2019/05/13
`distribution of television programs, motion pictures, and multimedia entertain-
`ment content; rental and presentation of ongoing television programs, motion
`pictures, and multimedia entertainment content all in the fields of comedy,
`drama, children's entertainment, sci-fi, documentary, and sports; providing enter-
`tainment, sports, animation, music, news, reality, documentary, current events,
`and arts and culture programming by means of telecommunications networks,
`computer networks, the Internet, and wireless communications networks; provid-
`ing non-downloadable entertainment, sports, animation, music, news, reality,
`documentary, current events, and arts and culture programming
`
`U.S. Registration
`No.
`Registration Date
`
`5994243
`
`02/25/2020
`
`Word Mark
`
`TV
`
`Application Date
`
`03/24/2019
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a black square with rounded corners containing a design
`ofan apple with a bite removed and the word "tv", both design and word in
`shades of green and blue.
`Class 038. First use: First Use: 2019/05/13 First Use In Commerce: 2019/05/13
`Broadcasting, transmission, and streaming of voice, data, images, audio,
`video,multimedia, television, by means of telecommunications networks, com-
`puter networks, the Internet, and wireless communications networks; subscrip-
`tion and pay-per-view broadcasting, transmission, and streaming services by
`means of telecommunications networks, computer networks, the Internet, and
`wireless communications networks; video-on-demand transmission services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`6091840
`
`Application Date
`
`11/29/2018
`
`06/30/2020
`
`Foreign Priority
`Date
`APPLE MUSIC FOR BUSINESS
`
`06/01/2018
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 038. First use: First Use: 2019/11/20 First Use In Commerce: 2019/11/20
`Broadcast and transmission of streamed music, audio, video, and multimedia
`content by means of radio, television, internet, and satellite for business use;
`transmission and delivery of digital music via telecommunications networks,
`
`

`

`computer networks, the Internet, satellite, radio, and wireless communications
`networks
`Class 041. First use: First Use: 2019/11/20 First Use In Commerce: 2019/11/20
`Production of programmed music and video displays for subscribers; audio and
`video recording and production services for others; music service, namely,
`providing specially programmed background non-downloadable music for retail
`establishments, public areas, and commercial establishments via telecommunic-
`ations networks, computer networks, the Internet, satellite, radio, and wireless
`networks; musical, radio, television and video entertainment services, namely,
`custom arrangement and editing of music, audio and video programs; custom
`music programming services
`
`U.S. Registration
`No.
`Registration Date
`
`5604594
`
`11/13/2018
`
`Word Mark
`Design Mark
`
`MUSIC UP NEXT
`
`Application Date
`
`10/13/2017
`
`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 038. First use: First Use: 2017/04/20 First Use In Commerce: 2017/04/20
`streaming of data; streaming of audio and video material on the Internet featur-
`ing performances, documentaries, music, and interviews featuring musical
`artists; streaming of audio and visual content featuring musical artists; audio and
`video broadcasting services over the Internet featuring performances, docu-
`mentaries, music, and interviews featuring musical artists; audio broadcasting
`and video broadcasting featuring musical artists; delivery of digital music by
`electronic transmission
`
`U.S. Registration
`No.
`Registration Date
`
`5209941
`
`05/23/2017
`
`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 038. First use: First Use: 2015/06/08 First Use In Commerce: 2015/06/30
`
`

`

`Broadcasting and transmission of voice,data, images, music, audio, video, multi-
`media, television, and radio by means of telecommunications networks; broad-
`castand transmission of streamed music, audio, video, and multimedia content
`by means of telecommunications networks; transfer of music, audio, video, and
`multimedia to matched users by means of telecommunications networks; provid-
`ing access towebsites, databases, electronic bulletin boards, online forums, dir-
`ectories, music, and audio and video content programs on the Internet by means
`of telecommunications networks
`
`U.S. Registration
`No.
`Registration Date
`
`2079765
`
`07/15/1997
`
`Application Date
`
`04/07/1995
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`APPLE
`
`NONE
`
`Class 038. First use: First Use: 1994/04/09 First Use In Commerce: 1994/04/09
`communication filed by computer, namely, electronic transmission of data and
`documents via computer, delivery of messages by electronic transmission
`
`U.S. Registration
`No.
`Registration Date
`
`2820066
`
`03/02/2004
`
`Word Mark
`Design Mark
`
`NONE
`
`Application Date
`
`05/29/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the design of an apple with a bite removed.
`
`Class 036. First use: First Use: 1983/07/00 First Use In Commerce: 1983/07/00
`Consumer lending services; retail credit services; retail credit services for the
`purchase of computers, computer software, consumer electronics and related
`accessories; providing information in the fields of investment and finance over
`
`

`

`computer networks and global communicationnetworks; financial services,
`namely, installment loans, lease-purchase financing and loans, and loan finan-
`cing
`
`U.S. Registration
`No.
`Registration Date
`
`2926853
`
`02/15/2005
`
`Word Mark
`Design Mark
`
`NONE
`
`Application Date
`
`08/16/2002
`
`Foreign Priority
`Date
`
`02/26/2002
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the design of an apple with a bite removed.
`
`Class 035. First use: First Use: 1983/00/00 First Use In Commerce: 1983/00/00
`analysis and consultation in the field of business information management,
`namely, the selection, adoption and operation of computers and computer in-
`formation management systems; providing information in the fields of business
`and commerceover computer networks and global communication networks;
`business services, namely, providing computer databases regarding the pur-
`chase and sale of a wide variety of products and services of others;business
`services, namely, dissemination of advertising for others via computernetworks
`and global communication networks; retail store services featuring computers,
`computer software, computer peripherals and consumer electronics, and
`demonstration of products relating thereto; online retail store services provided
`via computer networks and global communication networks featuring computers,
`computer software, computer peripherals andconsumer electronics, and demon-
`strationof products relating thereto
`Class 039. First use: First Use: 1985/00/00 First Use In Commerce: 1985/00/00
`computerized data storage services; data storage relating to business
`
`U.S. Registration
`No.
`Registration Date
`
`2753069
`
`08/19/2003
`
`Word Mark
`
`NONE
`
`Application Date
`
`07/23/2002
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the design of an apple with a bite removed.
`
`Class 042. First use: First Use: 1980/09/00 First Use In Commerce: 1980/09/00
`[ Application service provider (ASP), namely, hosting computer software applica-
`tions of others; ]computer services, namely, displaying the [ web sites and ] im-
`ages of others on a computer server; computer diagnostic services; installation
`of computer software; updating of computer software; maintenance of computer
`software; computer hardware development; integration of computer systems and
`networks; monitoring the computer systems of others for technical purposes and
`providing back-up computer programs and facilities; computer consultation,
`design, and testing services; consulting services inthe field of design, selection,
`implementation and use of computer hardware andsoftware systems for others;
`computer data recovery; computer programming for others; research and devel-
`opment of computer hardware and software; website design, creation [ and host-
`ing services ] ; computer services, namely, designing [ and implementing ] web
`sites for others; computer services, namely, providing search engines for obtain-
`ing data on a global computer network; providing use of on-line non-
`downloadable software for communications via local or global communications
`networks, including the Internet, intranets, and extranets; computer consultation,
`namely, analyzing data to detect, eradicate, and prevent the occurrence of com-
`puter viruses; computer consultation, namely, services relating to the protection
`of computer hardware, computer software, computer networks and computer
`systems against computer viruses, attacks, or failures; computer consultation,
`namely, services for optimizing the performance and functionality of computer
`software and communications networks; technical support services, namely,
`troubleshooting of computers, computer software, telecommunications, and the
`Internet systems; leasing of computers, computer peripherals and computer
`software; leasing computer facilities; providing information in a wide variety of
`fields over computer networks and global communication networks; computer
`services, namely, creating indexes of information, web sites and other informa-
`tion sources available on computer networks; providing information concerning a
`wide range of text, electronic documents, databases, graphics and audiovisual
`information
`
`U.S. Registration
`No.
`
`2715578
`
`Application Date
`
`07/01/2002
`
`

`

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

`

`software; computer game software; Computer graphics software; [ Computer
`search engine software; ] Web sitedevelopment software; computer program
`which provides remote viewing, remote control, communications and software
`distribution within personal computer systemsand across computer network;
`computer programs for file maintenance and data recovery; computer peripher-
`als; instructional manuals packaged in association withthe above
`
`U.S. Registration
`No.
`Registration Date
`
`6075125
`
`06/09/2020
`
`Word Mark
`Design Mark
`
`MUSIC FOR BUSINESS
`
`Application Date
`
`01/03/2020
`
`Foreign Priority
`Date
`
`07/05/2019
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a design of an apple with a bite removed to the left of the
`stylized wording "MUSIC FOR BUSINESS".
`Class 009. First use: First Use: 2019/11/20 First Use In Commerce: 2019/11/20
`Downloadable computer software application for access to audio, video, and
`multimedia content; downloadable computer software application for access to
`music programming and playlist service
`Class 038. First use: First Use: 2019/11/20 First Use In Commerce: 2019/11/20
`broadcast and transmission of streamed music, audio, video, and multimedia
`content by means of radio, television, internet, and satellite for business use;
`transmission and delivery of digital music via telecommunications networks,
`computer networks, the Internet, satellite, radio, and wireless communications
`networks
`Class 041. First use: First Use: 2019/11/20 First Use In Commerce: 2019/11/20
`production of programmed music and video recordings for subscribers; audio
`and video recording and reproduction services for others; music services,
`namely, providing specially programmed background non-downloadable music
`playback for retail establishments, public areas, and commercial establishments
`via telecommunications networks, computer networks, the Internet, satellite, ra-
`dio, and wireless networks; musical, radio, television andvideo entertainment
`services, namely, custom arrangement and editing of music, audio, and video
`programs; custom music programming services in the nature of music produc-
`tion
`
`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
`
`2808567
`
`01/27/2004
`
`Application Date
`
`10/02/2002
`
`Foreign Priority
`
`NONE
`
`

`

`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`Date
`
`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
`
`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
`
`Attachments
`
`78157042#TMSN.png( bytes )
`77976400#TMSN.png( bytes )
`88519625#TMSN.png( bytes )
`88631283#TMSN.png( bytes )
`88353789#TMSN.png( bytes )
`88210568#TMSN.png( bytes )
`87645544#TMSN.png( bytes )
`86663019#TMSN.png( bytes )
`78255986#TMSN.png( bytes )
`78155188#TMSN.png( bytes )
`78146716#TMSN.png( bytes )
`76426501#TMSN.png( bytes )
`88746158#TMSN.png( bytes )
`73120444#TMSN.png( bytes )
`77172511#TMSN.png( bytes )
`77648705#TMSN.png( bytes )
`NOO-UVNV - SN 90259628.pdf(683500 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(3283034 bytes )
`EXHIBIT 10.pdf(3510877 bytes )
`
`Signature
`Name
`Date
`
`/Joseph Petersen/
`Joseph Petersen
`09/07/2021
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`Application Serial No. 90/259,628
`
`For the Mark:
`
`Filed: October 16, 2020
`Published: March 9, 2021
`
`
`
`
`
`
`
`APPLE INC.,
`
`
`
` v.
`
`UVNV, INC.,
`
`
`
`
`Opposer,
`
`
`
`
`
`
`
`
`
`
`
`NOTICE OF OPPOSITION
`
`
`
`
`
`
`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 design mark shown in Application Serial No. 90/259,628 (“Applicant’s
`
`Mark”) for the services identified in Class 38 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.
`
` 1
`
`
`
`
`
`
`
`

`

`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
`
`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 ser