Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA1171124
`11/08/2021
`
`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.
`11/07/2021
`
`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, BWolin@kilpatricktownsend.com, Agar-
`cia@kilpatricktownsend.com, tmadmin@kilpatricktownsend.com
`650-326-2400
`
`Docket Number
`
`Applicant Information
`
`Application No.
`Opposition Filing
`Date
`Applicant
`
`90050232
`11/08/2021
`
`Publication date
`Opposition Peri-
`od Ends
`
`05/11/2021
`11/07/2021
`
`The Boogie Badge, Inc.
`6828 BRIT CIR.
`MIDVALE, UT 84047
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 042. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Authentication services, namely, user au-
`thentication services using digital content, near field communication, microphones, cameras, biomet-
`ric hardware and software technology, relationship based verification, and behavioral biometrics
`forauthenticating individuals in a digitalor physical environment, and for authenticating electronic
`communications, e-commerce transactions, and software applications; Authentication in the field of
`identification, personal information, electronic files, namely, user authentication services using digital
`content, near field communication, microphones, cameras, biometric hardware and software techno-
`logy, relationship based verification, and behavioral biometrics for authenticating individuals in a digit-
`al or physical environment, and for authenticating electronic communications, e-commerce transac-
`tions, and software applications; Authentication services using technology toauthenticate a user's
`
`

`

`identity, personal information, files, or other information a user desires to be authenticated, namely,
`user authentication services using digital content, near field communication, microphones, cameras,
`biometric hardware and software technology, relationship based verification, and behavioral biomet-
`rics for authenticating individualsin a digital or physical environment, and for authenticating electronic
`communications, e-commerce transactions, and software applications; Providing temporaryuse of on-
`line non-downloadable computer software for authenticating user identification, personal information,
`files, or other information
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`Dilution by blurring
`Other
`
`Trademark Act Section 2(d)
`Trademark Act Sections 2 and 43(c)
`common law rights.
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`4206562
`
`09/11/2012
`
`Word Mark
`Design Mark
`
`NONE
`
`Application Date
`
`08/31/2010
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the design of an apple with a bite removed.
`
`Class 045. First use: First Use: 2010/09/01 First Use In Commerce: 2010/09/01
`Personal and social services rendered by others to meet the needs of individu-
`als, namely, online social networking and introduction services; online social net-
`working services, namely, facilitating social interaction among individuals, social
`introductions, and for finding persons with particular hobbies, interests and back-
`grounds; providing a social networking website for entertainment pur-
`poses;security services for the protection ofproperty, namely, monitoring of com-
`puterized data for security purposes
`
`U.S. Registration
`No.
`
`5110262
`
`Application Date
`
`09/12/2014
`
`

`

`Registration Date
`
`12/27/2016
`
`Word Mark
`Design Mark
`
`PAY
`
`Foreign Priority
`Date
`
`06/23/2014
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the design of an apple with a bite removed and the word
`"PAY".
`Class 036. First use: First Use: 2014/09/09 First Use In Commerce: 2014/10/20
`Financial services, namely, providing electronic processing, credit card verifica-
`tion and facilitating of credit card transactions and electronic mobile payments
`via mobile devices, and contactless transactions with retailers, merchants, and
`vendors via mobile and wearable devices; bill payment services; financial trans-
`action services, namely, providing secure commercial transactions; debit and
`credit card services; electronic payment services involving electronic pro-
`cessingand subsequent transmission of bill payment data
`
`U.S. Registration
`No.
`Registration Date
`
`5286668
`
`09/12/2017
`
`Word Mark
`Design Mark
`
`PAY
`
`Application Date
`
`12/18/2014
`
`Foreign Priority
`Date
`
`06/23/2014
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the design of an apple with a bite removed and the word
`"Pay".
`Class 009. First use: First Use: 2014/09/09 First Use In Commerce: 2014/10/20
`Computer software used to process mobile payments; computer software for
`use incontactless transactions with retailers, merchants, and vendors via mobile
`devices used to process mobile payments; computer software for transmitting,
`processing, facilitating, verifying, and authenticating credit and debit card inform-
`ation and transaction and payment information; computer software for ensuring
`the security of mobile payments, of contactless transactions with retailers, mer-
`chants and vendors via mobile devices, and ofcredit and debit card information;
`computer software for the storage, transmission, verification, and authentication
`
`

`

`ofcredit and debit card and other paymentand transaction information; computer
`software for use in connection with the electronic storage, transmission, present-
`ation, verification, authentication, andredemption of coupons, rebates, discounts,
`incentives, and special offers; computer software for use in connection withcon-
`sumer loyalty programs and loyalty cards used to access and use loyalty points
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`5515406
`
`07/10/2018
`
`PAY CASH
`
`Application Date
`
`08/29/2017
`
`Foreign Priority
`Date
`
`03/07/2017
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the design of an apple with a bite removed and the words
`"PAY CASH".
`Class 036. First use: First Use: 2017/12/05 First Use In Commerce: 2017/12/05
`Electronic funds transfer and payment transaction processing
`
`U.S. Registration
`No.
`Registration Date
`
`5392188
`
`01/30/2018
`
`Word Mark
`Design Mark
`
`APPLE PAY
`
`Application Date
`
`12/17/2014
`
`Foreign Priority
`Date
`
`06/19/2014
`
`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 use in connectionwith the electronic storage, transmis-
`sion, presentation, verification, authentication, and redemption of coupons, re-
`bates, discounts, incentives, and special offers; computer software for use in
`connection with consumer loyalty programs and loyalty cards used to access
`and use loyalty points
`
`U.S. Registration
`No.
`Registration Date
`
`4814902
`
`09/15/2015
`
`Application Date
`
`12/17/2014
`
`Foreign Priority
`Date
`
`06/19/2014
`
`

`

`Word Mark
`Design Mark
`
`APPLE PAY
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2014/09/09 First Use In Commerce: 2014/10/20
`Computer software used to process mobile payments; computer software for
`use incontactless transactions with retailers, merchants, and vendors via mobile
`devices used to process mobile payments; computer software for transmitting,
`processing, facilitating, verifying, and authenticating credit and debit card inform-
`ation and transaction and payment information; computer software for ensuring
`the security of mobile payments, of contactless transactions with retailers, mer-
`chants and vendors via mobile devices, and ofcredit and debit card information;
`computer software for the storage, transmission, verification, and authentication
`ofcredit and debit card and other paymentand transaction information
`
`U.S. Registration
`No.
`Registration Date
`
`4913886
`
`03/08/2016
`
`Word Mark
`Design Mark
`
`APPLE
`
`Application Date
`
`08/31/2010
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 045. First use: First Use: 2011/10/13 First Use In Commerce: 2011/10/13
`Personal and social services rendered by others to meet the needs of individu-
`als, namely, online social networking and introduction services; online social net-
`working services, namely, facilitating social interaction among individuals, social
`introductions, and for finding persons with particular hobbies, interests and back-
`grounds; providing a social networking website for entertainment pur-
`poses;security services for the protection ofproperty, namely, monitoring of com-
`puterized data for security purposes
`
`U.S. Registration
`No.
`
`3928818
`
`Application Date
`
`05/03/2007
`
`

`

`Registration Date
`
`03/08/2011
`
`Word Mark
`Design Mark
`
`APPLE
`
`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
`
`2820066
`
`03/02/2004
`
`Word Mark
`
`NONE
`
`Application Date
`
`05/29/2003
`
`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 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
`
`2870477
`
`08/03/2004
`
`Word Mark
`
`NONE
`
`Application Date
`
`08/22/2002
`
`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 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
`
`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
`
`5638181
`
`12/25/2018
`
`Word Mark
`
`WATCH EDITION
`
`Application Date
`
`01/23/2015
`
`Foreign Priority
`Date
`
`07/24/2014
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the design of an apple with a bite removed and the words
`"WATCH" and "EDITION".
`Class 009. First use: First Use: 2014/09/09 First Use In Commerce: 2015/04/10
`Computers; computers, namely, smartwatches; computer peripheral devices;
`computer hardware; personal digital assistants; electronic personal organizers;
`electronic notepads; sound recording and soundreproducing apparatus; MP3
`and other digital format audio players; digital audio recorders; radios, radio
`transmitters,and receivers; audio speakers sold as component features of com-
`puters; microphones sold as component features of computers; network commu-
`nication apparatus, namely, mobile and wearable digital electronic devices for
`the sending and receiving of text, data, audio, image, and video files across net-
`works; electronic communication equipment and instruments, namely, mobile
`and wearable digital electronic devices for sending and receiving oftext, data,
`audio, image, and video files; telecommunications apparatus and instruments,
`namely, speakers and microphones sold as component features of computers,
`mobile and wearable digital electronic devices for the sending and receivingof
`telephone calls, text messages, electronic mail, and other digital data, andfor
`use in providing access to the internet; global positioning system (GPS) devices;
`telephones; wireless communication devices for voice, data or image transmis-
`sion; cables, namely, electric charging cables; apparatus for data storage,
`namely, mobile and wearable digital electronic devices for the storage of text,
`data, audio, image, and video files; batteries sold as component features of
`computers; computer software for recording, organizing, transmitting, manipulat-
`ing, and reviewing text, data, audio, image and video files; computer software for
`accessing, browsing and searching online databases; computer software and
`firmware, namely, operating system programs, database synchronization soft-
`ware, and datasynchronization programs; computer software for the redirection
`of messages, Internet e-mail, and other data to one or more electronic wearable
`wireless communication devices from a data store on or associated with a per-
`sonal computer or aserver; software for the synchronization of data between a
`remote station or device and a fixed or remote station or device; computer ap-
`plication software for configuring and controlling wearable computer hardware
`and wearable computer peripherals; computer software for monitoring, pro-
`cessing, displaying, storing and transmitting data relating to a user's physical
`activity; computer software for managing information regarding track-
`ing,compliance and motivation with a healthand fitness program; computer
`game software and electronic games software; electrical and electronic connect-
`ors, electric wires, battery chargers, docks for mobile and wearable digital elec-
`tronic devices, electronic docking stations, interfaces for computers, and ad-
`apters for use with all of the aforesaid goods; computer peripheral equipment for
`use with smartwatches, namely, smartwatch bands andsmartwatch straps; elec-
`tronic apparatuswith multimedia functions for use with all of the aforesaid goods,
`namely, mobile and wearable digital electronic devices for recording, organizing,
`transmitting, manipulating, and reviewing text, data, audio, image and video
`files; electronic apparatus with interactive functions for use with all of the afore-
`said goods, namely, pedometers, altimeters, multifunctional electronic devices
`for displaying, measuring, and transmitting information including, time, date,
`heart rate,global positioning, direction, distance, altitude, speed, steps taken,
`caloriesburned, navigational information, weather information, temperature,
`changes in heart rate, and activity level; sensors for scientific use to be worn by
`a humanto gather human biometric data, mobile and wearable digital electronic
`
`

`

`devices for recording, organizing, transmitting,manipulating, and reviewing text,
`data,audio, image and video files
`
`U.S. Registration
`No.
`Registration Date
`
`4956950
`
`05/10/2016
`
`Word Mark
`Design Mark
`
`WATCH SPORT
`
`Application Date
`
`01/23/2015
`
`Foreign Priority
`Date
`
`07/24/2014
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the design of an apple with a bite removed and the words
`"WATCH" and "SPORT".
`Class 009. First use: First Use: 2014/09/09 First Use In Commerce: 2015/04/10
`Computers; computer peripheral devices;computer hardware; personal digital
`assistants; electronic personal organizers;electronic notepads; sound recording
`and sound reproducing apparatus; MP3 and other digital format audio players;
`digital audio recorders; radios, radio transmitters, and receivers; audio compon-
`ents and accessories, namely, microphones andspeakers sold as component
`features of computers; network communication apparatus, namely, mobile and
`wearable digital electronic devices for the sending and receiving of text, data,
`audio, image, and video files across networks; electronic communication equip-
`ment and instruments, namely, mobile and wearable digital electronic devices
`for sending and receiving of text, data, audio, image, and video files; telecom-
`munications apparatus and instruments, namely, speakers and microphones
`sold as component features of computers; mobile and wearable digital electronic
`devices for the sending and receiving of telephone calls, text messages, elec-
`tronic mail, and other digital data, and for use in providing access to the internet;
`global positioning system (GPS) devices; telephones; wireless communication
`devices for voice, data or imagetransmission; cables, namely, electric charging
`cables; apparatus for data storage, namely, mobile and wearable digitalelectron-
`ic devices for the storage of text, data, audio, image, and video files; computer
`software for the redirection of messages, Internet e-mail, and other data to one
`or more electronic wearable wireless communication devices from a data store
`on or associated with a personal computer or a server; software for thesyn-
`chronization of data between a remote station or device and a fixed or remote
`station or device; computer software for monitoring, processing, displaying, stor-
`ing and transmitting data relating toa user's physical activity; computer software
`for managing information regarding tracking, compliance and motivation with a
`health and fitness program; electric wires for mobile and wearable digital elec-
`tronic devices, electronic docking stations, interfaces for computers, and ad-
`apters for use with all of the aforesaid goods; computer peripheral equipment for
`use with all of the aforesaid goods; electronic apparatus with multimedia func-
`tions for use with all of the aforesaidgoods, namely, mobile and wearable digital
`electronic devices for recording, organizing, transmitting, manipulating, and re-
`viewing text, data, audio, image andvideo files; electronic apparatus with inter-
`active functions for use with all of the aforesaid goods, namely, pedometers,
`multifunctional electronic devices for displaying, measuring, and transmitting in-
`formation including, time, date, heart rate, global positioning, direction, distance,
`altitude, speed, steps taken, calories burned, navigational information, weather
`information, temperature, changes in heart rate, and activity level, sensors for
`scientific use to be worn bya human to gather human biometric data;mobile and
`
`

`

`wearable digital electronic devices for recording, organizing, transmitting, manip-
`ulating, and reviewing text, data, audio, image and video files; accessories,
`parts, fittings, and testingapparatus for all of the aforesaid goods, namely, micro-
`phones and speakers soldas component features of computers, power adapters
`and electric charging cables
`
`U.S. Registration
`No.
`Registration Date
`
`5628056
`
`12/11/2018
`
`Word Mark
`Design Mark
`
`WATCH
`
`Application Date
`
`09/10/2014
`
`Foreign Priority
`Date
`
`07/24/2014
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the design of an apple with a bite removed and the word
`"WATCH".
`Class 009. First use: First Use: 2014/09/09 First Use In Commerce: 2015/04/10
`Computers; computers, namely, smartwatches; computer peripheral devices;
`computer hardware; computer hardware for use in measuring heart rhythm;
`computer hardware for use in taking electrocardiograms; personal digital assist-
`ants; electronic personal organizers; electronic notepads; sound recording and
`sound reproducing apparatus; MP3 and other digital format audio players; digital
`audio recorders; radios, radio transmitters, and receivers; audio speakers sold
`as component features of computers; microphones sold ascomponent features
`of computers; network communication apparatus, namely, mobile and wearable
`digital electronic devices for the sending and receiving of text,data, audio, im-
`age, and video files across networks; electronic communication equipment and
`instruments, namely, mobileand wearable digital electronic devicesfor sending
`and receiving of text, data, audio, image, and video files; telecommunications
`apparatus and instruments, namely, speakers and microphones sold as com-
`ponent features of computers, mobile and wearable digital electronic devices for
`the sending and receiving of telephone calls, text messages, electronic mail, and
`other digital data, and for use inproviding access to the internet; global position-
`ing system (GPS) devices; telephones; wireless communication devices for
`voice, data or image transmission; cables, namely, charging cables; apparatus-
`for data storage, namely, mobile and wearable digital electronic devices for the
`storage of text, data, audio, image, and video files; batteries sold as component
`features of computers; computer software for recording, organizing, transmitting,
`manipulating, and reviewing text, data, audio, image and video files; computer
`software for accessing, browsing and searching online databases; computer
`software and firmware, namely, operating system programs, database synchron-
`ization software, and data synchronization programs; computer software for the
`redirection of messages, Internet e-mail, and/or other data to one or more elec-
`tronic wearable wireless communication devices from a data store on or associ-
`ated with apersonal computer or a server; softwarefor the synchronization of
`data betweena remote station or device and a fixed or remote station or device;
`computer application software for use in connectionwith configuring and con-
`trolling wearable computer hardware and wearable computer peripherals; com-
`puter software for monitoring, processing, displaying, storing and transmitting
`data relating to a user's physical activity; computer software for managing in-
`formation regarding tracking, compliance and motivation with a health and fit-
`ness program; computer game software and electronic games software; electric-
`al and electronic connectors, electric wires, battery chargers, docks,electronic
`
`

`

`docking stations, interfacesfor computers, and adapters for use with all of the
`aforesaid goods; computer peripheral equipment for use with smartwatches,
`namely, smartwatch bands and smartwatch straps; electronic apparatus with-
`multimedia functions for use with all of the aforesaid goods, namely, mobile and
`wearable digital electronic devices for recording, organizing, transmitting, manip-
`ulating, and reviewing text, data, audio, image and video files; electronic appar-
`atus with interactive functions foruse with all of the aforesaid goods, namely, pe-
`dometers, altimeters, multifunctional electronic devices for displaying,measuring,
`and transmitting informationincluding, time, date, heart rate, global positioning,
`direction, distance, altitude, speed, steps taken, calories burned, navigational in-
`formation, weather information, temperature, changes in heartrate, and activity
`level; sensors for scientific use to be worn by a human to gather human biomet-
`ric data, mobile and wearable digital electronic devices for recording, organizing,
`transmitting, manipulating, and reviewing text, data, audio, image and video files
`
`U.S. Registration
`No.
`Registration Date
`
`5628055
`
`12/11/2018
`
`Word Mark
`Design Mark
`
`APPLE WATCH
`
`Application Date
`
`09/09/2014
`
`Foreign Priority
`Date
`
`03/11/2014
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2014/09/09 First Use In Commerce: 2015/04/10
`Computers; computers, namely, smartwatches; computer peripheral devices;
`computer hardware; computer hardware for use in measuring heart rhythm;
`computer hardware for use in taking electrocardiograms; personal digital assist-
`ants; electronic personal organizers; electronic notepads; sound recording and
`sound reproducing apparatus; MP3 and other digital format audio players; digital
`audio recorders; radios, radio transmitters, and receivers; audio speakers sold
`as component features of computers; microphones sold ascomponent features
`of computers; network communication apparatus, namely, mobile and wearable
`digital electronic devices for the sending and receiving of text,data, audio, im-
`age, and video files across networks; electronic communication equipment and
`instruments, namely, mobileand wearable digital electronic devicesfor sending
`and receiving of text, data, audio, image, and video files; telecommunications
`apparatus and instruments, namely, speakers and microphones sold as com-
`ponent features of computers, mobile and wearable digital electronic devices for
`the sending and receiving of telephone calls, text messages, electronic mail, and
`other digital data, and for use inproviding access to the internet; global position-
`ing system (GPS) devices; telephones; wireless communication devices for
`voice, data or image transmission; cables, namely, charging cables; apparatus-
`for data storage, namely, mobile and wearable digital electronic devices for the
`storage of text, data, audio, image, and video files; batteries sold as component
`features of computers; computer software for recording, organizing, transmitting,
`manipulating, and reviewing text, data, audio, image and video files; computer
`software for accessing, browsing and searching online databases; computer
`
`

`

`software and firmware, namely, operating system programs, database synchron-
`ization software, and data synchronization programs; computer software for the
`redirection of messages, Internet e-mail, and/or other data to one or more elec-
`tronic wearable wireless communication devices from a data store on or associ-
`ated with apersonal computer or a server; softwarefor the synchronization of
`data betweena remote station or device and a fixed or remote station or device;
`computer application software for use in connectionwith configuring and con-
`trolling wearable computer hardware and wearable computer peripherals; com-
`puter software for monitoring, processing, displaying, storing and transmitting
`data relating to a user's physical activity; computer software for managing in-
`formation regarding tracking, compliance and motivation with a health and fit-
`ness program; computer game software and electronic games software; electric-
`al and electronic connectors, electric wires, battery chargers, docks,electronic
`docking stations, interfacesfor computers, and adapters for use with all of the
`aforesaid goods; computer peripheral equipment for use with smartwatches,
`namely, smartwatch bands a