Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA1176811
`12/06/2021
`
`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.
`12/05/2021
`
`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): bbryner@kilpatricktownsend.com,
`jpetersen@kilpatricktownsend.com, cgenteman@kilpatricktownsend.com, agar-
`cia@kilpatricktownsend.com, tmadmin@kilpatricktownsend.com
`650-326-2400
`
`Docket Number
`
`Applicant Information
`
`Application No.
`Opposition Filing
`Date
`Applicant
`
`90335369
`12/06/2021
`
`Publication date
`Opposition Peri-
`od Ends
`
`06/08/2021
`12/05/2021
`
`Moskalenko, Vasyl
`44 APARTMENT
`30A SOBORNOSTI AVENUE
`KYIV, 02154
`UKRAINE
`Goods/Services Affected by Opposition
`
`Class 009. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Downloadable computer game software for-
`use on mobile and cellular phones; Downloadable e-books in the field of superhero stories; Down-
`loadable e-books in the field of comics and graphic novels; Downloadable fiction e-books on a variety
`oftopics; Downloadable video and computergame programs; Downloadable films and movies featur-
`ing superheroes provided viaa video-on-demand service; E-books featuring superheroes recorded on
`computer media; E-books featuring superhero comicsrecorded on computer media; Fiction e-books
`on a variety of topics recorded on computer media; Recorded computer gamingsoftware for recre-
`ational game playing purposes; Downloadable comic strips; Downloadable films and television pro-
`grams featuring superheroes provided via a video-on-demand service; Motion picture films about su-
`
`

`

`perheroes
`
`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
`
`3928818
`
`03/08/2011
`
`Word Mark
`Design Mark
`
`APPLE
`
`Application Date
`
`05/03/2007
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 1976/04/01 First Use In Commerce: 1976/04/01
`Computer hardware; computer hardware, namely, server, desktop, laptop and
`notebook computers; computer memory hardware;computer disc drives; optical
`disc drives; computer hardware, software and computer peripherals for commu-
`nication between multiple computers and between computers and local and
`global computer networks; computer networking hardware; set top boxes; com-
`puter hardware and computer software for the reproduction, processing and
`streaming of audio, video and multimedia content; computer hardware and soft-
`ware for controlling the operation of audio and video devices and for view-
`ing,searching and/or playing audio, video, television, movies, photographs and
`other digital images, and other multimedia content; computer monitors; liquid
`crystal displays; flat panel display monitors;computer keyboards, cables, mo-
`dems; computer mice; electronic docking stations;stands specially designed for
`holding computer hardware and portable and handheld digital electronic
`devices; batteries; rechargeable batteries; battery chargers; battery packs;
`power adapters for computers; electrical connectors, wires, cables, and ad-
`aptors; wired and wireless remote controls for computers and portable and
`handheld digital electronic devices; headphones and earphones; stereo head-
`phones; in-ear headphones; microphones;audio equipment for vehicles, namely,
`MP3 players; sound systems comprising remote controls, amplifiers, loudspeak-
`ers and components thereof; audio recorders; radio receivers; radio transmitters;
`personal digital assistants; portable digital audio and video players; electronic
`organizers; cameras; telephones; mobile phones; videophones; computer gam-
`ing machines, namely, stand-alone video gaming machines; handheld and mo-
`bile digital electronic devices for the sending and receiving of telephone calls,
`electronic mail and other digital media; MP3 and otherdigital format audio and
`video players;portable and handheld digital electronic devices for recording, or-
`ganizing, transmitting, receiving, manipulating, playing and reviewing text, data,
`
`

`

`image, audio and video files; a full line of electronic and mechanical parts and
`fitting for portable and handheld digital electronic devices for recording, organiz-
`ing, transmitting, receiving, manipulating, playing and reviewing text, data, im-
`age, audio and video files, namely, headphones, microphones, remote controls,
`batteries, battery chargers, devices for hands-free use, keyboards, adapters;
`parts and accessories for mobile telephones, namely, mobile telephone covers,
`mobile telephone cases, mobile telephone covers madeof cloth or textile materi-
`als, mobile telephone batteries, mobile telephone battery chargers, headsets for
`mobile telephones, devices for hands-free use of mobile telephones; carrying
`cases, sacks, and bags, all for use with computers and portable and handheld
`digital electronicdevices; operating system programs; computer utility programs
`for computer operating systems; a full line of computer software for business,
`home, education, and developer use; computer software for use in organizing,
`transmitting, receiving, manipulating, playing and reviewing text, data, image,
`audio, and video files; computer programs for personal information manage-
`ment; database management software; character recognition software; electron-
`ic mail and messaging software; telecommunications software for connecting
`wireless devices, mobile telephones, handheld digital electronic devices, com-
`puters, laptop computers, computer network users, global computer networks;
`database synchronization software; computer programs for accessing, browsing
`and searching online databases; computer software to develop other computer
`software; computer software for use as a programming interface; computer soft-
`ware for use in network server sharing; local and widearea networking software;
`computer software for matching, correction, and reproduction of color; computer
`software for use in digital video and audio editing; computer software for use in
`enhancing text and graphics; computer software for use in font justification and
`font quality; computer software for use to navigate and search a global computer
`information network; computer software for use inword processing and database
`management; word processing software incorporatingtext, spreadsheets, still
`and moving images, sounds and clip art; computer software for use in authoring,
`downloading, transmitting, receiving, editing, extracting, encoding, decoding,
`playing, storing and organizing audio, video, still images and other digital media;
`computer software for analyzing and troubleshooting other computer software;
`computer graphics software; computer search engine software; website devel-
`opment software; computer software for remote viewing, remote control, com-
`munications and software distribution within personal computer systems and
`across computer networks; computer programs for file maintenance and data re-
`covery; computer software for recording and organizing calendars and sched-
`ules, to-do lists, and contact information; computer software for clock and alarm
`clock functionality; computer softwareand prerecorded computer programs for
`personal information management; electronic mail and messaging software;
`computerprograms for accessing, browsing and searching online databases;
`computer software and firmware for operating system programs; blank computer
`storage media; user manuals in electronically readable, machine readable or
`computer readable form for use with, and sold as a unit with,all the aforemen-
`tioned goods; instructional manuals packaged in association with the above
`
`U.S. Registration
`No.
`Registration Date
`
`1078312
`
`11/29/1977
`
`Word Mark
`
`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
`
`3317089
`
`10/23/2007
`
`Word Mark
`Design Mark
`
`APPLE
`
`Application Date
`
`06/04/2004
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 0 First Use In Commerce: 0
`Musical sound records; sound records featuring entertainment; sound records
`featuring music, musicians, documentaries, biographies, interviews, perform-
`ances, reviews, drama and fiction; musical videorecords; video records featuring
`entertainment; video records featuring music, musicians, caricatures, cartoons,
`animation, documentaries, biographies, interviews, performances, reviews,
`drama and fiction; cinematographic films; musical sound recordings; musical
`video recordings; audio and visual recordings featuring or relating to music, en-
`
`

`

`tertainment and films; pre-recorded compact discs, [ audio tapes, ] gramophone
`records, [ video tapes, ] video discs, DVDs, CD-ROMs (( and interactive com-
`pact discs, all featuring or relating to music and films; )) digitally recorded sound
`and video records; (( downloadable musical sound and video records; down-
`loadable sound and videorecords featuring or relating to music,entertainment
`and films ))
`
`U.S. Registration
`No.
`Registration Date
`
`3621571
`
`05/19/2009
`
`Word Mark
`Design Mark
`
`APPLE
`
`Application Date
`
`02/05/2008
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 028. First use: First Use: 0 First Use In Commerce: 0
`Toys, games and playthings, namely, hand-held units for playing electronic
`games; hand-held units for playing video games; stand alone video game ma-
`chines; electronic games other than those adapted for use with television receiv-
`ers only; LCD game machines; electronic educationalgame machines for chil-
`dren; toys, namely, battery-powered computer games with display screens
`which feature animation and sound effects
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`3359045
`
`12/25/2007
`
`APPLE TV
`
`Application Date
`
`04/09/2007
`
`Foreign Priority
`Date
`
`11/13/2006
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2007/03/21 First Use In Commerce: 2007/03/21
`Computer hardware; computer networking hardware; set top boxes; digital elec-
`tronic devices for recording, organizing, transmitting, receiving, manipulating,
`
`

`

`playing and reviewing text, data, image, audio and video files; computer soft-
`ware for use in organizing, transmitting, receiving, manipulating, playing and re-
`viewing text, data, image, audio, and video files; computer hardware and com-
`puter software for the reproduction, processing and streaming of audio, video
`and multimedia content; computer hardware and software for controlling the op-
`eration of audio and video devices and for viewing, searching and/or playing au-
`dio, video, television, movies, photographs and other digital images, and other
`multimedia content
`
`U.S. Application
`No.
`Registration Date
`
`88353819
`
`NONE
`
`Word Mark
`Design Mark
`
`APPLE TV
`
`Application Date
`
`03/24/2019
`
`Foreign Priority
`Date
`
`02/20/2019
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 038. First use: First Use: 0 First Use In Commerce: 0
`broadcasting, transmission, and streaming of voice, data, images, audio,
`video,multimedia, television, by means of telecommunications networks, com-
`puter networks, the Internet, satellite, wireless communications networks, televi-
`sion, and cable; subscription and pay-per-view broadcasting, transmission, and
`streaming services by means of telecommunications networks, computer net-
`works, the Internet, satellite, wireless communications networks, television, and
`cable; video-on-demand transmission services; providing access to telecommu-
`nications networks, computer networks, the Internet, satellitecommunications,
`wireless communicationsnetworks, and cable; providing access to websites,
`databases, electronic bulletin boards, on-line forums, directories, music, and
`video and audio programs; communication by computer; information, advisory
`and consultancy services relating to all the aforesaid; providing access to inter-
`active websites and computer applications for the posting and sharing of re-
`views, survey, and ratings relating toeducational programs, entertainment, mo-
`tion pictures, theatre, arts and cultural events, concerts, live performances, com-
`petitions, fairs, festivals, exhibitions, expositions, and sporting events; providing
`access to website for the uploading, storing, sharing, viewing and posting of im-
`ages, audio, videos, online journals, blogs, podcasts, and multimedia content
`Class 041. First use: First Use: 0 First Use In Commerce: 0
`development, production, and distribution of television programs, motion pic-
`tures, and multimedia entertainment 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,
`music, health, fitness, and sports; providing ongoing television, audio, video, and
`webcast programs in the fields of comedy, drama, children's entertainment, sci-
`fi, documentary, music, health, fitness, and sports; providing entertainment,
`sports, animation, music, informational, news, reality, documentary, current
`events, and arts and culture programming by means of telecommunications net-
`
`

`

`works, computer networks, the Internet, satellite, wireless communications net-
`works, television, and cable television; providing non-downloadable entertain-
`ment, sports, animation, music, informational, news, reality, documentary, cur-
`rent events, and arts and culture programming; providing interactive guides for
`searching, selecting, recording, and archiving television programs, motion pic-
`tures, and other multimedia entertainment content; providingentertainment,
`sports, animation, music, informational, news, reality, documentary, current
`events, and arts and culture programming via websites and computer applica-
`tions; providing information in the fields of entertainment, sports, music, current
`events news, documentaries, current events, and arts and culture via websites
`and computer applications; entertainment information; providing information,
`non-downloadable schedules, reviews and personalized recommendations, all
`relating to educational programs, entertainment, motion pictures, theatre, arts
`and cultural events, concerts, live performances, competitions, fairs, festivals,
`exhibitions, expositions, and sportingevents; publication and presentation ofre-
`views, surveys, and ratings, all relating to educational programs, entertainment,
`motion pictures, theatre, arts and cultural events, concerts, live performances,
`competitions, fairs, festivals, exhibitions, expositions, and sporting events; cur-
`rent event news reporting
`
`U.S. Application
`No.
`Registration Date
`
`88519804
`
`NONE
`
`Word Mark
`Design Mark
`
`APPLE TV +
`
`Application Date
`
`07/17/2019
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 038. First use: First Use: 0 First Use In Commerce: 0
`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.
`Registration Date
`
`6420494
`
`07/13/2021
`
`Word Mark
`
`APPLE ARCADE
`
`Application Date
`
`04/26/2019
`
`Foreign Priority
`Date
`
`10/29/2018
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 2019/09/19 First Use In Commerce: 2019/09/19
`advertising, marketing, and promotion services; promoting the goods and ser-
`vices of others; online retail store services featuring downloadable sound, im-
`age, video, and game files; retail store services featuring entertainment products
`in the nature of computer games and computer software provided via the inter-
`net andother computer, electronic, and communications networks; retail store
`services featuring entertainment products in the nature of computer games; re-
`tail store services featuring entertainment productsin the nature of computer
`games provided via the internet and other computer, electronic and communica-
`tions networks; retail store services featuring computer software; retail store ser-
`vices featuring computer software provided via the internet and other computer,
`electronic, and communications networks; subscription services, namely, provid-
`ing subscriptions to text, data, image, audio, video, and multimedia content in
`the nature of computer games, provided via the internet and other electronic and
`communications networks; providing subscriptions to downloadable pre-re-
`corded text, data, image, audio, video, and multimedia content in the nature of
`computer games for a feeor pre-paid subscription, via the internet and other
`electronic and communications networks; online retail store services featuring
`downloadable pre-recorded text, data, image, audio, video, and multimedia con-
`tent for a fee or pre-paid subscription, via the internet and other electronic and
`communications networks
`Class 041. First use: First Use: 2019/09/19 First Use In Commerce: 2019/09/19
`development, production and distribution of multimedia entertainment content;
`presentation of multimedia entertainment content, namely, providing online com-
`puter games, electronic games, interactive games, and video games; providing
`non-downloadable computer games, electronic games, interactive games, and
`video games
`
`U.S. Application
`No.
`Registration Date
`
`88404100
`
`NONE
`
`Word Mark
`
`APPLE ARCADE
`
`Application Date
`
`04/26/2019
`
`Foreign Priority
`Date
`
`10/29/2018
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 042. First use: First Use: 0 First Use In Commerce: 0
`design and development of computer hardware, software, peripherals, and com-
`puter and video games; computer hardware selection and software consulting
`services;consultancy in the field of software design; consulting services in the
`fields of selection, implementation, and use ofcomputer hardware and software
`for others; computer programming; providing online non-downloadable software
`for computer games; providing online non-downloadable development software;
`providing online non-downloadable application development software; providing
`online non-downloadable video game software
`
`U.S. Registration
`No.
`Registration Date
`
`5346816
`
`11/28/2017
`
`Word Mark
`Design Mark
`
`APPLE NEWS
`
`Application Date
`
`11/13/2015
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2015/06/08 First Use In Commerce: 2015/09/16
`Computer software for accessing, searching, browsing, displaying, reading, re-
`commending, sharing, posting in social media, organizing, annotating, and
`archiving content from newspapers, periodicals, blogs, and websites, news,
`sports, weather, commentary, and other information, and other text, data, graph-
`ics, images, audio, video, and multimedia content; electronic publication reader
`software; application development software
`
`U.S. Registration
`No.
`Registration Date
`
`6375548
`
`06/08/2021
`
`Word Mark
`
`APPLE NEWS+
`
`Application Date
`
`07/26/2019
`
`Foreign Priority
`Date
`
`01/29/2019
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 2019/03/25 First Use In Commerce: 2019/03/25
`providing websites featuring online non-downloadable books, periodicals, news-
`papers, newsletters, manuals, blogs, journals, and other publications, namely,
`electronic magazines, in the fields of business, entertainment, health and well-
`ness, hobbies, lifestyle, news in the field of current events, science and techno-
`logy, sports, style and beauty, arts and culture
`Class 042. First use: First Use: 2019/03/25 First Use In Commerce: 2019/03/25
`Providing a web site that gives computer users the ability to store, share, an-
`dview images, audio, videos, online journals, blogs, podcasts, and multimedia
`content; Providing temporary use of web-based computer software applications
`for downloading books, periodicals, newspapers, newsletters, manuals, blogs,
`journals, and other publications, namely, electronic magazines; providing online
`non-downloadable software for accessing, searching, browsing, displaying,
`reading, recommending, sharing, posting in social media, organizing, annotat-
`ing, and archiving content from newspapers, periodicals, blogs, and websites,
`news, sports, weather, commentary, and other information, and other text, data,
`graphics, images, audio, video, and multimedia content; providing an Internet
`portal allowing usersto preview and download electronic books, publications,
`and other documents; providing search engines for obtaining data via the inter-
`net and other electronic communications networks
`
`U.S. Application
`No.
`Registration Date
`
`90270584
`
`NONE
`
`Word Mark
`Design Mark
`
`APPLE ONE
`
`Application Date
`
`10/22/2020
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 0 First Use In Commerce: 0
`Retail store and online retail store services featuring bundled subscription pack-
`ages to online digital content and media services comprised of a music subscrip-
`
`

`

`tion service, a video-on-demand subscription service, a computer game sub-
`scription service, an electronic publication subscription service, a fitness stream-
`ingsubscription service, and a personal file data storage subscription service;
`subscription services, namely, providing subscriptions to text, data, image, au-
`dio, video, and multimedia content, provided via the Internet and other electronic
`and communications networks; subscription services, namely, providing sub-
`scriptions to text, data, image, audio, video, and multimedia content, provided
`via theInternet and other electronic and communications networks, namely,
`providing bundled entertainment subscription packages comprised of an online
`music subscription service, a video-on-demand subscription service, a computer
`game subscription service, an electronic publication subscription service, and a
`fitness streaming subscription service; providing subscriptions to downloadable
`pre-recorded text, data, image, audio, video, and multimedia content for a fee or
`pre-paid subscription, via the Internet and other electronic and communications
`networks; providing an Internet portal allowing usersto preview and download
`electronic books, publications, and other documents as part of a fee or pre-paid
`subscription
`Class 042. First use: First Use: 0 First Use In Commerce: 0
`Electronic data storage for a fee or pre-paid subscription; providing online non-
`downloadable software for use in connection with accessing, delivering, pur-
`chasing, and sharing bundled subscription packages to online digital content
`and media services comprised of a music subscription service, a video-
`on-demand subscription service, a computer game subscription service, an elec-
`tronic publication subscription service, a fitness streaming subscription service,
`and a personal file data storage subscription service via a fee or pre-paid sub-
`scription
`
`U.S. Registration
`No.
`Registration Date
`
`5209933
`
`05/23/2017
`
`Word Mark
`Design Mark
`
`APPLE MUSIC
`
`Application Date
`
`06/11/2015
`
`Foreign Priority
`Date
`
`05/18/2015
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`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
`
`5330141
`
`11/07/2017
`
`Word Mark
`
`APPLE MUSIC
`
`Application Date
`
`06/10/2015
`
`Foreign Priority
`Date
`
`05/18/2015
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2015/06/08 First Use In Commerce: 2015/06/30
`Computer software for use in generatingcustomized recommendations of audio,
`video, data, text and other multimedia content, including music, concerts,
`videos,radio, television, cultural events and entertainment-related programs de-
`termined from an analysis of user preferences; computer software for creating
`and sharing playlists of audio and multimedia files; computer software for use in
`connection with an online music subscription service; database synchronization
`software; database management software; computersoftware for use in playing,
`organizing, downloading, transmitting, manipulating, and reviewing audio files,
`and media files; computer software for use in the delivery, distribution and trans-
`mission of digital music and entertainment-related audio, video, text and multi-
`media content; computer software for creating searchable databases of informa-
`tion and data for peer-to-peer social networking databases; computer software
`to enable users to program and distribute audio, video, data, text and other mul-
`timedia content, including music, concerts, videos, radio, television, cultural
`events, and entertainment-related and educational programs via communication
`networks; computer software for accessing, browsing and searching online data-
`bases; computer software for setting up, configuring, operating and controlling
`mobile devices, wearable devices, mobile phones, computers, and computer
`peripherals, and audio and video players; downloadable audio and video record-
`ings featuring music, music performances, and music videos
`
`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
`
`The mark consists of the design of an apple with a bite removed.
`
`

`

`Mark
`Goods/Services
`
`Class 009. First use: First Use: 1977/01/31 First Use In Commerce: 1977/01/31
`Computers; computer hardware; computer peripherals; handheld computers;
`handheld mobile digital electronic devices for recording, organizing, transmitting,
`manipulating, and reviewing text, data, image, audio, and audiovisual files, for
`the sending and receiving of telephone calls, electronic mail, and other digital
`data, for use as a digital format audio player, handheld computer, personal digit-
`al assistant, electronic organizer, electronic notepad, camera, and global posi-
`tioning system (GPS) electronic navigation device; digital audio and video re-
`corders and players; personal digital assistants; electronic organizers; cameras;
`telephones; mobile phones; satellite navigational systems, namely, global posi-
`tioning systems (GPS); electronic navigational devices, namely, global position-
`ing satellite (GPS) based navigation receivers; computer game machines for use
`with external display screens, monitors, or televisions; a full line of accessories
`and parts for the aforementioned goods; stands, covers, cases, holsters, power
`adaptors, and wired and wireless remote controls for the aforementioned goods;
`computer memory hardware; computer disc drives; optical disc drives; computer
`networking hardware; computer monitors; flat panel display monitors; computer
`keyboards; computer cables; modems; computer mice; electronic docking sta-
`tions; set top boxes; batteries; battery chargers; electrical connectors, wires,
`cables, and adaptors; devices for hands-free use; headphones; earphones; ear
`buds; audio speakers; microphones; and headsets; a full line of computer soft-
`ware for business, home, education, and developer use; user manuals for use
`with, and sold as a unitwith, the aforementioned goods; downloadable audio and
`video files, movies, ring tones, video games, television programs, pod casts and
`audio books via the internet and wireless devices featuring music, movies,
`videos, television, celebrities, sports, news, history, science, politics, comedy,
`children's entertainment,animation, culture, current events and topics of general
`interest
`
`U.S. Registration
`No.
`Registration Date
`
`3298028
`
`09/25/2007
`
`Word Mark
`Design Mark
`
`NONE
`
`Application Date
`
`08/02/2006
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 1981/03/01 First Use In Commerce: 1981/03/01
`Arranging and conducting trade shows, and trade show expositions and exhibi-
`tions in the fields of computers, computer software, online services, information
`technology, and consumer electronics
`Class 041. First use: First Use: 1981/03/01 First Use In Commerce: 1981/03/01
`Education and training services, namely, conducting classes, workshops, con-
`ferences and seminars in the field of computers, computer software, online ser-
`vices,information technology, internet website design, video products and con-
`sumer electronics; arranging of exhibitions, seminars and conferences; arran-
`ging professional workshop and training courses; computer education training
`services; training in the use and operation of computers and computer software;
`providing a website for the uploading, sharing, viewingand posting of photo-
`graphs, digital images, movies, videos, online journals, namely web blogs in
`general interest fields, and other related multimedia entertainment materials
`over a global computer network; providing fitness and exercise facilities; Physic-
`al fitness consultationand instruction; providing on-line publications in the nature
`of newsletters inthe field of computers and education; providing information in
`the field of education via the internet; providing information in the field of enter-
`tainment viathe Internet concerning movies, music, videos, television, celebrit-
`ies, sports,news, history, science, politics, comedy, children's entertainment, an-
`imation, culture, current events
`
`U.S. Registration
`No.
`Registration Date
`
`2715578
`
`05/13/2003
`
`Word Mark
`Design Mark
`
`NONE
`
`Application Date
`
`07/01/2002
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 1977/01/01 First Use In Commerce: 1977/01/01
`Computers hardware; computer hardware, namely, server, desktop, laptop,
`
`

`

`notebook and subnotebook computers; hand held and mobile computers; com-
`puter [ terminals and ] monitors; personal digital assistants; portable digital audio
`players; electronic organizers; computer keyboards, cables, [ modems; ] audio
`speakers; computer video control devices, namely, computer mice, [ trackballs,
`joysticks andgamepads; ] a full line of computer software for business, home,
`education, anddeveloper use; computer programs for personal information man-
`agement; database management software; [ character recognition software;
`telephony management software; ] electronic mail and messaging software; [
`telecommunications software, namely, for paging; ] database synchronization
`software; computer programs for accessing, browsing and searching online
`databases; operating system software; application development tool programs;
`blank computer storage media; fonts, typefaces, type designs and symbols re-
`corded onmagnetic media; computer software for use in providing multiple user
`access to a global computer information network for searching, retrieving, trans-
`ferring, manipulating and disseminating a wide range of information; computer
`software foruse as a programming interface; computer software for use in net-
`work server sharing; local and wide area networking software; computer soft-
`ware for matching, correction, and reproduction of color; computer software for
`use in digital videoand audio editing; computer software for use in enhancing
`text and graphics; computer software for use in font justification and font qua