Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1251294
`11/30/2022
`
`ESTTA Tracking number:
`
`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.
`
`11/30/2022
`
`ONE APPLE PARK WAY
`CUPERTINO, CA 95014
`UNITED STATES
`
`WILLIAM M. BRYNER
`KILPATRICK TOWNSEND & STOCKTON LLP
`1001 WEST FOURTH STREET
`WINSTON-SALEM, NC 27101
`UNITED STATES
`Primary email: bbryner@kilpatricktownsend.com
`Secondary email(s): bbryner@kilpatricktownsend.com,
`jpetersen@kilpatricktownsend.com, MKim@kilpatricktownsend.com, Agar-
`cia@kilpatricktownsend.com, tmadmin@kilpatricktownsend.com
`336-607-7300
`
`Docket no.
`
`Applicant information
`
`Application no.
`
`97028016
`
`11/30/2022
`
`Opposition filing
`date
`
`Applicant
`
`Publication date
`
`08/02/2022
`
`Opposition period
`ends
`
`11/30/2022
`
`Cixi Yingyu Trade Company Ltd.
`ROOM 1542, NO. 38 SHANG WU ER ROAD
`BAI SHA LU DISTRICT, CIXI CITY
`NINGBO, ZHEJIANG, 315300
`CHINA
`
`Goods/services affected by opposition
`
`Class 011. First Use: Sep 5, 2021 First Use In Commerce: Sep 5, 2021
`All goods and services in the class are opposed, namely: Faucets; Dripper irrigation systems, com-
`prised of valves, filters and regulators; Faucets for pipes and pipelines beingparts of sanitary installa-
`tions; Gas injectors for disbursing solids and/or liquids for purification and sterilization purposes; Mix-
`er faucets for water pipes;Mixer taps for water pipes; Ornamental fountains; Pipes being parts of san-
`itaryfacilities; Plumbing fittings, namely, cocks; Plumbing fittings, namely, drains; Plumbing fixtures,
`namely, shower mixers; Pressure regulators for sanitary installations; Separators for the cleaning and
`purification of liquids; Taps for pipes and pipelines being parts of sanitary installations; Washers for
`water taps;Water fountains; Watering machines for agricultural purposes; Flexible pipes being parts
`of basin plumbing installations
`
`

`

`Applicant information
`
`Application no.
`
`97126898
`
`Publication date
`
`08/02/2022
`
`Opposition filing
`date
`
`Applicant
`
`11/30/2022
`
`Opposition period
`ends
`
`Cixi Yingyu Trade Company Ltd.
`ROOM 1542, NO. 38 SHANG WU ER ROAD
`BAI SHA LU DISTRICT
`CIXI, ZHEJIANG, 315300
`CHINA
`
`Goods/services affected by opposition
`
`Class 021. First Use: Oct 15, 2021 First Use In Commerce: Oct 15, 2021
`All goods and services in the class are opposed, namely: Buckets; Combs; Currycombs; Vases;
`Brush-making materials; Brushes for footwear; Comb cases; Combs for animals; Flower-pot covers,
`not of paper; Flower pots; Horse brushes; Large-toothed combs for the hair; Lawn sprinklers; Mop
`wringer buckets; Nail brushes; Nozzles for wateringcans; Nozzles for watering hose; Roses for water-
`ing cans; Ski wax brushes; Sprinklers for watering flowers and plants; Syringes for watering flowers
`and plants; Washing brushes; Watering cans; Non-electric candelabras
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Dilution by blurring
`
`Other
`
`Trademark Act Sections 2 and 43(c)
`
`common law rights
`
`Marks cited by opposer as basis for opposition
`
`U.S. registration
`no.
`
`5380650
`
`Register
`
`Principal
`
`Registration date
`
`01/16/2018
`
`Application date
`
`07/20/2017
`
`Foreign priority
`date
`
`01/24/2017
`
`Word mark
`
`Design mark
`
`WORKS WITH APPLE HOMEKIT
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of a house design in shades of orange contained within a
`rectangle outlined in gray next to the wording "WORKS WITH" in grey and
`"APPLE HOMEKIT" in black, all contained within a larger rectangle outlined in
`gray. The color white represents background and transparent areas and is not
`part of the mark.
`
`Class 009. First use: First Use: Sep 7, 2016 First Use In Commerce: Oct 2016
`Computers; computer hardware; wireless communication devices for the trans-
`mission of voice, data, images, audio, video,and multimedia content; computer
`peripheral devices; cameras; digital audio andvideo recorders; radio transmitters
`andreceivers; electrical and electronic connectors, couplers, and adapters; re-
`motecontrols used for controlling computers, alarm, security and surveillance
`devices and systems, smoke and carbon monoxide detectors and monitors, en-
`ergy management devices and systems, lighting, electrical and electronic
`
`

`

`switches and outlets, and doors, windows, drapes, curtains,window shades,
`shutters, blinds and garage doors; alarms, alarm sensors, and alarm monitoring
`systems; electronic videosurveillance products, namely, electronic components
`of security systems; smokeand carbon monoxide detectors; thermostats, monit-
`ors, sensors, and controls forair conditioning, heating, and ventilation devices
`and systems; electric and electronic door locks and latches; remote controls for
`opening and closing garage doors; lighting controls; electrical outlets; electrical
`and electronic switches
`Class 011. First use: First Use: Sep 7, 2016 First Use In Commerce: Oct 2016
`Light bulbs, lighting fixtures, and lamps; electric space heaters, air conditioners,
`and electric fans
`Class 042. First use: First Use: Sep 7, 2016 First Use In Commerce: Oct 2016
`computer programming; design and development of computer software; com-
`puter software development consulting services; support and consultation ser-
`vices for developing computer systems and applications; providing information in
`the field ofcomputer software development online
`
`U.S. registration
`no.
`
`5223891
`
`Register
`
`Principal
`
`Registration date
`
`06/13/2017
`
`Application date
`
`09/17/2015
`
`Foreign priority
`date
`
`03/27/2015
`
`Word mark
`
`Design mark
`
`WORKS WITH APPLE HOMEKIT
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of a house design outlined in white contained within an or-
`ange square with rounded corners next to the wording "WORKS WITH" in grey
`and "APPLE HOMEKIT" in black, all contained within a grey rectangle with roun-
`ded corners.
`
`Class 009. First use: First Use: Sep 13, 2015 First Use In Commerce: Sep 13,
`2015
`Computers; computer peripheral devices;computer hardware; digital audio re-
`corders; digital video recorders; radio transmitters and receivers; wireless com-
`munication devices for voice, data or image transmission; wireless communica-
`tion devices for voice, data or image transmission; electrical and electronic con-
`nectors, couplers, interfaces, and adapters foruse with computers, sound re-
`cording andsound reproducing apparatus, audio and video recorders, cameras,
`air conditioning, heating, and ventilation devices and systems, alarm, security,
`and surveillance devices and systems, smoke and carbon monoxide detectors
`and monitors, energy management devices and systems, lighting, electrical and
`electronic switches and outlets, and electronic controls fordoors, windows,
`drapes, curtains, window shades, shutters, blinds, and garage doors; remote
`control apparatus for computers, alarm, security, and surveillance devices and
`systems, smoke and carbon monoxide detectors and monitors, energy manage-
`ment devices and systems, lighting, electrical and electronic switches and out-
`lets, and doors, windows, drapes, curtains, window shades, shutters, blinds, and
`garage doors; residential alarms, alarm sensors, and alarm monitoring systems;
`smoke and carbon monoxide detectors; thermostats, monitors, sensors, and
`controls and remote control apparatus for airconditioning, heating, and ventila-
`tion devices and systems; electric and electronic door locks and latches; remote
`
`

`

`controls for opening and closing garage dooropeners; lighting controls
`Class 011. First use: First Use: Sep 13, 2015 First Use In Commerce: Sep 13,
`2015
`Air conditioning, air cooling and ventilation apparatus and instruments; electronic
`room temperature, humidity, and airquality sensors; light bulbs, lighting fixtures,
`lighting strips, and lamps; electric space heaters, air conditioners, and electric
`fans
`
`U.S. registration
`no.
`
`3818856
`
`Register
`
`Principal
`
`Registration date
`
`07/13/2010
`
`Word mark
`
`Design mark
`
`NONE
`
`Application date
`
`12/19/2007
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of a design of an apple with a bite removed.
`
`Class 021. First use: First Use: Mar 31, 1981 First Use In Commerce: Mar 31,
`1981
`Housewares, namely, [ decorative glass not for building, ] lunch boxes, mugs,
`sports bottles sold empty, thermal insulated containers for food or beverage, va-
`cuum bottles; lunch kits consisting of lunch boxes and insulated containers
`Class 022. First use: First Use: Oct 19, 2004 First Use In Commerce: Oct 19,
`2004
`Lanyards for portable and handheld digital electronic devices for recording, or-
`ganizing, transmitting, manipulating, and reviewing text, data, audio, image, and
`video files
`
`U.S. registration
`no.
`
`6852651
`
`Register
`
`Principal
`
`Registration date
`
`09/20/2022
`
`Application date
`
`09/29/2017
`
`Foreign priority
`date
`
`03/30/2017
`
`

`

`Word mark
`
`Design mark
`
`APPLE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: 1976 First Use In Commerce: 1976
`Computers; computer hardware; computer hardware in the nature of consumer
`electronic devices; handheld computers; tablet computers; telecommunications
`apparatus and instruments, namely, wireless receivers in the form of jewelry,
`and speakers, microphones, and headsets for use with mobile phones; tele-
`phones; mobile telephones; smartphones; wireless communication devices for
`the transmission of voice, data, images, audio, video, and multimedia content;
`wireless communication devices for the transmission of voice, data, images, au-
`dio, video, and multimediacontent, namely, electronic voice command and re-
`cognition and remote control devices for controlling and monitoring consumer
`electronics devices, lighting, appliances, thermostats, heating and air condition-
`ing systems, alarm and home security and surveillance systems, smoke and
`carbon monoxide detectors, door and window locks and latches, and home
`automation systems; 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; handheld digital electronic
`devices capable of providing access to the internet and for the sending, receiv-
`ing, and storing telephone calls, electronic mail, and other digital data; wearable
`computer hardware in the nature of wearable computers and consumer electron-
`ic devices; wearable digital electronic devices capable of providing access to the
`internet, for sending, receiving and storing of telephone calls, electronic mail,
`and other digital data; smartwatches; wearable activity trackers; electronic book
`readers; computer software, namely, a full line of computer software for busi-
`ness, home, education, entertainment, wellness, and developer use; computer
`software for collectingdata for medical research; computer software for collecting
`data for medical research, namely, computer software used to collect, measure,
`analyze, and track data for sleep research, computer software used for promot-
`ing sleep hygiene, healthy living, and general health; computersoftware for col-
`lecting, analyzing, andreporting data on physiological health;computer software
`for collecting, analyzing, and reporting data on physiological health, namely,
`computer software and software applications for mobile devicesused for collec-
`tion and analysis of variables related to sleep, general well-being, health and en-
`vironmental variables in the nature of temperature, air quality, and ambient noise
`during sleep; computer software for setting up, configuring, operating and con-
`trolling computers, computer peripherals, mobile devices, mobile telephones,
`smartwatches, wearable devices, earphones, headphones, set top boxes, audio
`and video players and recorders, home theatre systems, and entertainment sys-
`tems; computer software for operating and controlling mobile devices, namely,
`downloadable augmented reality software for use in mobile devices for integrat-
`ing electronic data with real world environments for the purpose of determining
`the size of objects, automatically detecting object dimensions, measuring dis-
`tance, straightening vertical objects, and leveling surfaces; application develop-
`ment software; computer game software;downloadable audio files and multime-
`diafiles featuring musical, video, and audio-video entertainment; computer peri-
`
`

`

`pheral devices; computer peripheral devices, namely, input devices for com-
`puters and handheld mobile digital electronic devices; peripheral devices for
`computers, mobile telephones, mobile electronic devices, wearable electronic
`devices, smartwatches, earphones, headphones, set top boxes, and audio and
`video players and recorders, namely, computers, mobile telephones, mobile
`electronic devices, wearable electronic devices, smartwatches, smartwatch
`bands, smartwatch straps, earphones, headphones, set top boxes, audio and
`video players and recorders, home theatre systems, handheld computers,
`smartphones, wearable activity trackers, monitors, display screens, virtual and
`augmented reality displays and controllers, biometric identification and authen-
`tication apparatus, cameras, keyboards, mice, audio speakers, audio amplifiers
`and receivers, digital voice recorders and electronic voice recognition apparatus,
`tracking devices for use in detecting physiological conditions indicative of a
`user'ssleep cycle, sleep patterns and generalwellness; wearable peripherals for
`use with computers, mobile telephones, mobile electronic devices, smart-
`watches, earphones, headphones, set top boxes, and audio and video players
`and recorders, namely, wearable computers, wearable consumer electronic
`devices, wearable digital electronic devices capable of providing access to the
`internet, for sending, receiving and storing of telephone calls, electronic mail,
`and other digital data, smartwatches, smartwatch bands, smartwatch straps,
`earphones, headphones, audio and video players and recorders, handheld com-
`puters, smartphones, wearable activity trackers, accelerometers, altimeters, dis-
`tance measuring apparatus, distancerecording apparatus, pedometers, wireless
`receivers in the form of jewelry, virtual and augmented reality displays and con-
`trollers, biometric identification and authentication apparatus, digital voice re-
`corders and electronic voice recognition apparatus; biometric identificationand
`authentication apparatus; accelerometers; altimeters; distance measuring appar-
`atus; distance recording apparatus; pedometers; monitors, display screens, vir-
`tual and augmented reality displays andcontrollers; optical goods, namely, optic-
`al disc drives, optical scanners, and optical readers; cameras; flashes for camer-
`as; keyboards, mice, disk drives, andhard drives; sound recording and reprodu-
`cing apparatus; digital audio and videoplayers and recorders; audio speakers;
`audio speakers, namely, voice-controlledsmart audio speakers with virtual per-
`sonal assistant capabilities; audio amplifiers and receivers; digital voice record-
`ers and electronic voice recognition apparatus; electronic voice recognition ap-
`paratus, namely, electronic voice commandand recognition home automation
`hubs comprised of voice-activated speakers, computer hardware, and software
`for controlling networked devices in the internet of things (IoT), operating inter-
`net-enabled and connected lighting apparatus and home security alarms, appli-
`ances, thermostats, heating and air conditioning systems, alarm and home se-
`curity and surveillance systems, smoke and carbon monoxidedetectors, door
`and window locks and latches, and home automation systems; earphones;
`headphones; microphones; set top boxes; radios; radio transmitters and receiv-
`ers; global positioning systems (GPSdevices); electric navigational instruments;
`electronic navigational and positioning apparatus and instruments; remote con-
`trols for controlling computers, mobile telephones, mobile electronic devices,
`wearable electronic devices, smartwatches, earphones, headphones, audio and
`video players and recorders, televisions, set top boxes, speakers, amplifiers,
`home theatre systems, and entertainment systems; wearable devices for con-
`trolling computers, mobile telephones, mobile electronic devices, smart watches,
`earphones, headphones, audio and video players and recorders, televisions, set
`top boxes,speakers, amplifiers, home theatre systems, and entertainment sys-
`tems, namely, wearable computers, wearable consumer electronic devices,
`wearable digital electronic devices capable of providing access to the internet,
`for sending, receiving and storing of telephone calls, electronic mail, and other
`digital data, smartwatches, smartwatch bands, smartwatch straps, earphones,
`headphones, audio and video players and recorders, handheld computers,
`smartphones, wearable activity trackers, distance measuring apparatus, dis-
`tance recording apparatus, wireless receivers in the form of jewelry, virtual and
`augmented reality displays and controllers, biometric identification and authen-
`
`

`

`tication apparatus, digital voice recorders and electronic voice recognition appar-
`atus; data storage apparatus in thenature of computer hardware, consumer
`electronic devices, computer hardware fordata backup, computer memory hard-
`ware, mobile and wearable digital electronic devices for the storage of text, data,
`audio, image, and video files, set top boxes, and blank computer storage media;
`batteries; battery chargers; electrical and electronic connectors, couplers, wires,
`cables, chargers, docks, docking stations, and adapters for use with computers,
`mobile telephones, handheld computers,computer peripherals, mobile tele-
`phones, mobile electronic devices, wearable electronic devices, smartwatches,
`earphones, headphones, audio and video players and recorders, and set top
`boxes; interactive touchscreens; interfaces for computers, computer screens,
`mobile telephones, mobile electronic devices, wearable electronic devices,
`smartwatches, televisions, set top boxes, and audio and video players and re-
`corders; covers, bags, cases, sleeves, straps and lanyards for computers, mo-
`bile telephones, mobile electronic devices, wearable electronic devices, smart-
`watches, earphones, headphones, set top boxes, and audio and video players
`and recorders; electronic agendas; dictating machines; measuring apparatus,
`namely, apparatus for use in measuring heart rhythm, sensors for scientific use
`to be worn by a human to gather human biometric data, computer hardware for
`use in taking electrocardiograms, handheld computers for use in integrating
`electronic data with real world environments for the purpose of determining the
`size of objects, automatically detecting object dimensions, measuring distance,
`straightening vertical objects, and leveling surfaces; measuring apparatus in the
`nature of electric or electronic sensors used to measure, collect and track gener-
`al well-being, sleep patterns, sleep quality, respiration movements, heart rate,
`limb movements, and movement activity during sleep; measuring apparatus in
`the natureof electric or electronic sensors used to measure, collect and track en-
`vironmental variables, namely, temperature and air quality; measuring apparatus
`in the nature of measuring, detecting and monitoring instruments, indicators and
`controllers for use in detecting physiological conditions indicative of a user's
`sleep cycle, sleep patterns and general wellness; remote controls for computers,
`smartwatches, mobile phones, portable and handheld digital electronic devices,
`televisions, set top boxes, audio, video, and media players, game players, enter-
`tainment systems, home theater systems, video monitors, home appliances, and
`consumer electronic devices and displays
`
`U.S. registration
`no.
`
`3928818
`
`Register
`
`Principal
`
`Registration date
`
`03/08/2011
`
`Word mark
`
`Design mark
`
`APPLE
`
`Application date
`
`05/03/2007
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`NONE
`
`Goods/services
`
`Class 009. First use: First Use: Apr 1, 1976 First Use In Commerce: Apr 1, 1976
`
`

`

`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
`
`Attachments
`
`87536751#TMSN.png( bytes )
`86760493#TMSN.png( bytes )
`77356362#TMSN.png( bytes )
`87628828#TMSN.png( bytes )
`77172511#TMSN.png( bytes )
`NOO - APPLERAIN.pdf(537867 bytes )
`EXHIBIT 1.pdf(4924146 bytes )
`EXHIBIT 2.pdf(533843 bytes )
`EXHIBIT 3.pdf(5369184 bytes )
`EXHIBIT 4.pdf(4113012 bytes )
`EXHIBIT 5.pdf(4941243 bytes )
`EXHIBIT 6.pdf(434259 bytes )
`EXHIBIT 7.pdf(5520707 bytes )
`EXHIBIT 8.pdf(1059912 bytes )
`EXHIBIT 9.pdf(2128005 bytes )
`
`Signature
`
`Name
`
`Date
`
`/Joseph Petersen/
`
`Joseph Petersen
`
`11/30/2022
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`Application Serial No. 97/028,016
`For the Mark: APPLERAIN
`Filed: September 15, 2021
`Published: August 2, 2022
`
`
`-and-
`
`
`Application Serial No. 97/126,898
`For the Mark: APPLERAIN
`Filed: November 16, 2021
`Published: August 2, 2022
`
`
`
`
`
`
`Opposer,
`
`
`APPLE INC.,
`
`
`
` v.
`
`CIXI YINGYU TRADE COMPANY LTD.,
`
`
`
`
`
`
`Applicant.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`CONSOLIDATED
`NOTICE OF OPPOSITION
`
`
`
`Opposer Apple Inc. (“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
`
`registrations for the APPLERAIN mark shown in Application Serial No. 97/028,016 for the goods
`
`identified in Class 11, and for the APPLERAIN mark shown in Application Serial No. 97/126,898
`
`for the goods identified in Class 21 (collectively, the “Applied-For Mark”), and, being entitled to
`
`a statutory cause of action, hereby opposes the same.
`
`NATURE OF THE PROCEEDING
`
`
`
`In this proceeding, Apple contests Applicant Cixi Yingyu Trade Company Ltd.’s
`
`(“Applicant”) effort to register a mark incorporating Apple’s famous APPLE mark in connection
`
`with a broad array of home goods that overlap with or are highly related to the goods and services
`
`
`
`1
`
`

`

`long associated with the APPLE mark and marketed to the same classes of consumers.
`
`Accordingly, Apple brings this proceeding to prevent registration of APPLERAIN, as use of the
`
`Applied-For Mark in connection with the applied-for goods would result in a likelihood of
`
`confusion.
`
`
`
`Apple alleges the following grounds for its opposition, with knowledge concerning its own
`
`acts, and on information and belief as to all other matters:
`
`A.
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`Apple and Its World-Famous Apple Marks
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`FACTS
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`1.
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`Apple is the world-famous designer, manufacturer, and marketer of mobile
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`communication and media devices and personal computers, and seller of a variety of related
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`software, services, accessories, and third-party digital content and applications. Apple’s APPLE
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`brand is one of the best-known brands in the world.
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`2.
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`Since at least as early as 1977, Apple has extensively promoted, marketed,
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`advertised, distributed, and sold goods and services in connection with a family of trademarks
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`consisting, in whole or in part, of the word APPLE or its graphic equivalent, the Apple Logo
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`(shown below) depicting a stylized apple with a detached leaf (collectively, the “Apple Marks”).
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`3.
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`Apple’s family of Apple Marks are distinctive, arbitrary, and fanciful marks that
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`have achieved an extraordinary level of fame and consumer recognition. As a result of Apple’s
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`extensive advertising, promotion, and use of the Apple Marks in connection with a variety of goods
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`and services, the Apple Marks have acquired enormous goodwill, and are recognized immediately
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`as identifying Apple’s APPLE-branded goods and services.
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`4.
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`The Apple Marks are famous and distinctive within the meaning of Section 43(c)
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`of the Lanham Act, 15 U.S.C. § 1125(c). The extraordinary level of fame and consumer
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`recognition that the Apple Marks currently enjoy cannot be seriously disputed.
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`5.
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`For many years, Apple’s APPLE brand (including the Apple Logo) has consistently
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`been recognized as one of the world’s most famous brands. In July 2020, Forbes magazine ranked
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`the APPLE brand as the world’s most valuable brand for the tenth year in a row, with an estimated
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`valuation of $241 billion. Attached as Exhibit 1 are printouts of Forbes magazine articles
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`regarding its list of the most valuable brands from 2020, 2019, 2018, 2017, 2016, 2015, 2014,
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`2013, 2012, and 2011, obtained from its website.
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`6.
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`In 2021, for the tenth consecutive year, Apple won the Harris Interactive “Brand
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`of the Year” award in the tablet computer category. Apple was also named the #1 brand in the
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`smartphone category,
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`the computer manufacturer category, and
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`the wearable
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`tech
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`category. Attached as Exhibit 2 is a printout of the Harris Interactive report obtained from the
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`website at theharrispoll.com/the-harris-poll-announces-this-years-brands-of-the-year-2021/.
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`7.
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`Additionally, Interbrand has consistently recognized the APPLE brand in the top
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`50 of its “Best Global Brands” annual rankings, increasing in value each year. After being named
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`the second most valuable brand in the world in 2012, the next year the APPLE brand was ranked
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`as the most valuable, and Apple has maintained that top position every year since (2013-2022).
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`Attached as Exhibit 3 are copies of relevant pages of Interbrand’s “Best Global Brands” rankings
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`from 2011 through 2022, in reverse chronological order. Interbrand has awarded the APPLE brand
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`the following rankings and brand valuations over the past 12 years:
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`(a) 2022: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $482,215 billion;
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`(b) 2021: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $408,251 billion;
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`(c) 2020: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $322.99 billion;
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`(d) 2019: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $234.24 billion;
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`(e) 2018: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $214.48 billion;
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`(f) 2017: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $184.15 billion;
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`(g) 2016: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $178.12 billion;
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`(h) 2015: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $170.28 billion;
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`(i) 2014: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $118.86 billion;
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`(j) 2013: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $98.32 billion;