Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA1280574
`04/24/2023
`
`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
`
`Docket no.
`
`Apple Inc.
`04/23/2023
`
`ONE APPLE PARK WAY
`CUPERTINO, CA 95014
`UNITED STATES
`
`JOSEPH PETERSEN
`KILPATRICK TOWNSEND & STOCKTON LLP
`1302 EL CAMINO REAL, SUITE 175
`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,
`LMcAndrews@kilpatricktownsend.com
`650-326-2400
`1358258
`
`Applicant information
`
`Application no.
`Opposition filing
`date
`Applicant
`
`97033679
`04/24/2023
`
`Publication date
`Opposition period
`ends
`
`10/25/2022
`04/23/2023
`
`MU ZI WANG Company
`3F., NO. 296, SEC. 1,
`LINGHANG N. RD., ZHONGLI DIST.,
`TAOYUAN CITY, 320014
`TAIWAN
`Goods/services affected by opposition
`
`Class 009. First Use: Dec 3, 2019 First Use In Commerce: Dec 3, 2019
`All goods and services in the class are opposed, namely: Cases adapted for holding smartwatches;
`Covers for computer keyboards; Earphone accessories, namely, earphone cushions, earphone pads,
`earphone cases, and earphone extension cords; Mobile phone straps; Protective covers and cases
`for cell phones, laptops and portable media players; Protective covers and cases for laptops; Protect-
`ive covers for tablet computers; Protective display screen covers adapted for use with PC tablets ;
`Smartwatch straps; Stands adapted for laptops
`
`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.
`Register
`Registration date
`
`6852651
`
`Principal
`09/20/2022
`
`Application date
`
`09/29/2017
`
`Foreign priority
`date
`
`03/30/2017
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`APPLE
`
`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 multimedia content, 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 collecting data for medical research; computer software for collect-
`ing data for medical research, namely, computer software used to collect, meas-
`ure, analyze, and track data for sleep research, computer software used for pro-
`moting sleep hygiene, healthy living, and general health; computer software for
`collecting, analyzing, and reporting data on physiological health; computer soft-
`ware for collecting, analyzing, and reporting data on physiological health,
`namely, computer software and software applications for mobile devices used
`for collection and analysis of variables related to sleep, general well-being,
`health and environmental variables in the nature of temperature, air quality, and
`ambient noise during sleep; computer software for setting up, configuring, oper-
`ating and controlling 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 en-
`tertainment systems; computer software for operating and controlling mobile
`devices, namely, downloadable augmented reality software for use in mobile
`devices for integrating electronic data with real world environments for the pur-
`pose of determining the size of objects, automatically detecting object dimen-
`
`

`

`sions, measuring distance, straightening vertical objects, and leveling surfaces;
`application development software; computer game software; downloadable au-
`dio files and multimedia files featuring musical, video, and audio-video entertain-
`ment; computer peripheral devices; computer peripheral devices, namely, input
`devices for computers 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, smart-
`watch 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's sleep cycle, sleep patterns and general wellness; 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, distance recording 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 identification and
`authentication apparatus; accelerometers; altimeters; distance measuring appar-
`atus; distance recording apparatus; pedometers; monitors, display screens, vir-
`tual and augmented reality displays and controllers; optical goods, namely, op-
`tical disc drives, optical scanners, and optical readers; cameras; flashes for
`cameras; keyboards, mice, disk drives, and hard drives; sound recording and re-
`producing apparatus; digital audio and video players and recorders; audio
`speakers; audio speakers, namely, voice-controlled smart audio speakers with
`virtual personal assistant capabilities; audio amplifiers and receivers; digital
`voice recorders and electronic voice recognition apparatus; electronic voice re-
`cognition apparatus, namely, electronic voice command and recognition home
`automation hubs comprised of voice-activated speakers, computer hardware,
`and software for controlling networked devices in the internet of things (IoT), op-
`erating internet-enabled and connected lighting apparatus and home security
`alarms, appliances, thermostats, heating and air conditioning systems, alarm
`and home security and surveillance systems, smoke and carbon monoxide de-
`tectors, door and window locks and latches, and home automation systems;
`earphones; headphones; microphones; set top boxes; radios; radio transmitters
`and receivers; global positioning systems (GPS devices); electric navigational
`instruments; electronic navigational and positioning apparatus and instruments;
`remote controls 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 controlling computers, mobile telephones, mobile electronic devices, smart
`watches, earphones, headphones, audio and video players and recorders, tele-
`visions, set top boxes, speakers, amplifiers, home theatre systems, and enter-
`tainment systems, 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, distance measuring apparatus,
`distance recording apparatus, wireless receivers in the form of jewelry, virtual
`and augmented reality displays and controllers, biometric identification and au-
`thentication apparatus, digital voice recorders and electronic voice recognition
`apparatus; data storage apparatus in the nature of computer hardware, con-
`sumer electronic devices, computer hardware for data backup, computer
`memory hardware, mobile and wearable digital electronic devices for the stor-
`age of text, data, audio, image, and video files, set top boxes, and blank com-
`puter storage media; batteries; battery chargers; electrical and electronic con-
`nectors, couplers, wires, cables, chargers, docks, docking stations, and ad-
`apters for use with computers, mobile telephones, handheld computers, com-
`puter peripherals, mobile telephones, mobile electronic devices, wearable elec-
`tronic devices, smartwatches, earphones, headphones, audio and video players
`and recorders, and set top boxes; interactive touchscreens; interfaces for com-
`puters, computer screens, mobile telephones, mobile electronic devices, wear-
`able electronic devices, smartwatches, televisions, set top boxes, and audio and
`video players and recorders; covers, bags, cases, sleeves, straps and lanyards
`for computers, mobile telephones, mobile electronic devices, wearable electron-
`ic devices, smartwatches, earphones, headphones, set top boxes, and audio
`and video players and recorders; electronic agendas; dictating machines; meas-
`uring apparatus, namely, apparatus for use in measuring heart rhythm, sensors
`for scientific use to be worn by a human to gather human biometric data, com-
`puter 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; meas-
`uring apparatus in the nature of electric or electronic sensors used to measure,
`collect and track general well-being, sleep patterns, sleep quality, respiration
`movements, heart rate, limb movements, and movement activity during sleep;
`measuring apparatus in the nature of electric or electronic sensors used to
`measure, collect and track environmental variables, namely, temperature and air
`quality; measuring apparatus in the nature of measuring, detecting and monitor-
`ing instruments, indicators and controllers for use in detecting physiological con-
`ditions 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, entertainment systems, home theater systems,
`video monitors, home appliances, and consumer electronic devices and displays
`
`U.S. registration
`no.
`Register
`Registration date
`
`3928818
`
`Principal
`03/08/2011
`
`Application date
`
`05/03/2007
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`APPLE
`
`NONE
`
`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 viewing,
`
`

`

`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, modems;
`computer mice; electronic docking stations; stands specially designed for hold-
`ing computer hardware and portable and handheld digital electronic devices;
`batteries; rechargeable batteries; battery chargers; battery packs; power ad-
`apters for computers; electrical connectors, wires, cables, and adaptors; wired
`and wireless remote controls for computers and portable and handheld digital
`electronic devices; headphones and earphones; stereo headphones; in-ear
`headphones; microphones; audio equipment for vehicles, namely, MP3 players;
`sound systems comprising remote controls, amplifiers, loudspeakers and com-
`ponents thereof; audio recorders; radio receivers; radio transmitters; personal di-
`gital assistants; portable digital audio and video players; electronic organizers;
`cameras; telephones; mobile phones; videophones; computer gaming ma-
`chines, namely, stand-alone video gaming machines; handheld and mobile digit-
`al electronic devices for the sending and receiving of telephone calls, electronic
`mail and other digital media; MP3 and other digital format audio and video play-
`ers; portable and handheld digital electronic devices for recording, organizing,
`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, organizing, trans-
`mitting, receiving, manipulating, playing and reviewing text, data, image, audio
`and video files, namely, headphones, microphones, remote controls, batteries,
`battery chargers, devices for hands-free use, keyboards, adapters; parts and ac-
`cessories for mobile telephones, namely, mobile telephone covers, mobile tele-
`phone cases, mobile telephone covers made of cloth or textile materials, 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
`electronic devices; 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 wide area 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 in word processing and data-
`base management; word processing software incorporating text, spreadsheets,
`still and moving images, sounds and clip art; computer software for use in au-
`thoring, downloading, transmitting, receiving, editing, extracting, encoding, de-
`coding, 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; web-
`site development software; computer software for remote viewing, remote con-
`trol, communications and software distribution within personal computer systems
`and across computer networks; computer programs for file maintenance and
`data recovery; computer software for recording and organizing calendars and
`schedules, to-do lists, and contact information; computer software for clock and
`alarm clock functionality; computer software and prerecorded computer pro-
`grams for personal information management; electronic mail and messaging
`
`

`

`software; computer programs 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
`aforementioned goods; instructional manuals packaged in association with the
`above
`
`U.S. registration
`no.
`Register
`Registration date
`
`4359316
`
`Principal
`06/25/2013
`
`Application date
`
`09/11/2012
`
`Foreign priority
`date
`
`08/02/2012
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`APPLE LIGHTNING
`
`NONE
`
`Class 009. First use: First Use: Sep 12, 2012 First Use In Commerce: Sep 12,
`2012
`Electrical and electronic connectors, cables, chargers, and adapters for use with
`computers, digital format audio players, digital audio recorders, digital video re-
`corders and players, [ radios, computer gaming machines, cameras, audio
`speakers, ] global positioning system (GPS) devices, telephones, computer peri-
`pheral devices, and handheld mobile digital electronic devices capable of provid-
`ing access to the Internet and for the sending, receiving, and storing of tele-
`phone calls, faxes, electronic mail, and other digital data; computer peripheral
`devices
`
`U.S. registration
`no.
`Register
`Registration date
`
`5628055
`
`Principal
`12/11/2018
`
`Application date
`
`09/09/2014
`
`Foreign priority
`date
`
`03/11/2014
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`APPLE WATCH
`
`NONE
`
`Class 009. First use: First Use: Sep 9, 2014 First Use In Commerce: Sep 9,
`2014
`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 as component 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, mobile and wearable digital electronic devices for 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 in providing 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 a personal computer or a server; software for the synchronization of
`data between a remote station or device and a fixed or remote station or device;
`computer application software for use in connection with 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, interfaces for 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 for use with all of the aforesaid goods, namely,
`pedometers, altimeters, multifunctional electronic devices for displaying, meas-
`uring, and transmitting information including, time, date, heart rate, global posi-
`tioning, direction, distance, altitude, speed, steps taken, calories burned, naviga-
`tional information, weather information, temperature, changes in heart rate, and
`activity level; sensors for scientific use to be worn by a human to gather human
`biometric data, mobile and wearable digital electronic devices for recording, or-
`ganizing, transmitting, manipulating, and reviewing text, data, audio, image and
`video files
`
`U.S. registration
`no.
`Register
`Registration date
`
`4783437
`
`Principal
`07/28/2015
`
`Application date
`
`09/09/2014
`
`Foreign priority
`date
`
`03/11/2014
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`APPLE WATCH
`
`NONE
`
`Class 014. First use: First Use: Sep 9, 2014 First Use In Commerce: Sep 9,
`2014
`Horological and chronometric instruments; watches; timepieces; chronographs
`for use as timepieces; chronometers; watchstraps; watch bands; cases for
`watches, and horological and chronometric instruments; parts for watches, and
`horological and chronometric instruments
`
`U.S. registration
`no.
`Register
`Registration date
`
`6147070
`
`Principal
`09/08/2020
`
`Application date
`
`02/24/2020
`
`Foreign priority
`
`09/04/2019
`
`

`

`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`APPLE WATCH STUDIO
`
`date
`
`NONE
`
`Class 035. First use: First Use: Sep 10, 2019 First Use In Commerce: Sep 10,
`2019
`Providing consumer and commercial information in the field of computers, com-
`puter peripheral devices, and smartwatches over computer networks and global
`communication networks; retail store and online retail store services featuring
`computers, computer peripheral devices, and smartwatches which customers
`can purchase according to their specifications; retail store services provided via
`the Internet and other computer, electronic and communications networks fea-
`turing computers, computer peripheral devices, and smartwatches which cus-
`tomers can purchase according to their specifications; retail store services fea-
`turing computer, electronic and entertainment products, telecommunications
`equipment and other consumer electronics, computer software, and accessories
`for such products, provided via the Internet and other computer, electronic and
`communications networks; product demonstrations provided in-store and via
`global communications networks and other electronic and communications net-
`works; information, advisory and consultancy services relating to all the afore-
`said
`Class 042. First use: First Use: Sep 10, 2019 First Use In Commerce: Sep 10,
`2019
`Providing online non-downloadable software for the purpose of allowing custom-
`ers to customize, design, and purchase computers, computer peripheral
`devices, and smartwatches according to their specifications; providing online in-
`formation to individual consumers regarding computer hardware and computer
`software; information, advisory and consultancy services relating to all the afore-
`said
`
`Attachments
`
`NOO - APEEL STUDIO - 97033679.pdf(219612 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(5118797 bytes )
`EXHIBIT 8.pdf(1059912 bytes )
`EXHIBIT 9.pdf(1539650 bytes )
`
`Signature
`Name
`Date
`
`/Joseph Petersen/
`Joseph Petersen
`04/24/2023
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`Application Serial No. 97/033,679
`
`For the Mark:
`Filed: September 17, 2021
`Published: October 25, 2022
`
`
`
`
`
`
`
`
`
`APPLE INC.,
`
`
`
` v.
`
`MU ZI WANG COMPANY,
`
`
`
`
`Opposer,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Applicant.
`
`
`
`
`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
`
`registration for the APEEL STUDIO & Design mark shown in Application Serial No. 97/033,679
`
`(the “Applied-For Mark”), for the goods identified in Class 9 and, being entitled to a statutory
`
`cause of action, hereby opposes the same.
`
`NATURE OF THE PROCEEDING
`
`
`
`In this proceeding, Apple contests Applicant MU ZI WANG Company’s (“Applicant”)
`
`effort to register a mark confusingly similar to Apple’s famous APPLE mark in connection with a
`
`wide variety of accessories for mobile communication and media devices and personal computers,
`
`all of which overlap with or are highly related to the goods and services long associated with the
`
`APPLE mark and marketed to the same classes of consumers. Accordingly, Apple brings this
`
`
`
`1
`
`

`

`proceeding to prevent registration of the Applied-For Mark, 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.
`
`Apple and Its World-Famous Apple Marks
`
`FACTS
`
`1.
`
`Apple is the world-famous designer, manufacturer, and marketer of mobile
`
`communication and media devices and personal computers, and seller of a variety of related
`
`software, services, accessories, and third-party digital content and applications. Apple’s APPLE
`
`brand is one of the best-known brands in the world.
`
`2.
`
`Since at least as early as 1977, Apple has extensively promoted, marketed,
`
`advertised, distributed, and sold goods and services in connection with a family of trademarks
`
`consisting, in whole or in part, of the word APPLE or its graphic equivalent, the Apple Logo
`
`(shown below) depicting a stylized apple with a detached leaf (collectively, the “Apple Marks”).
`
`
`
`3.
`
`Apple’s family of Apple Marks are distinctive, arbitrary, and fanciful marks that
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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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`
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`2
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`

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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
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`at
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`https://theharrispoll.com/the-harris-poll-announces-this-years-brands-of-the-year-
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`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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`3
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`

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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