ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1390956
`10/21/2024
`
`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.
`10/20/2024
`
`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@ktslaw.com
`Secondary email(s): BBRYNER@ktslaw.com, briggs.wright@ktslaw.com, agar-
`cia@ktslaw.com, tmadmin@ktslaw.com
`6503262400
`1447111
`
`Applicant information
`
`Application no.
`Opposition filing
`date
`Applicant
`
`98006182
`10/21/2024
`
`Publication date
`Opposition period
`ends
`
`04/23/2024
`10/20/2024
`
`Omranii Inc.
`19644 CRYSTAL HILLS DR.
`PORTER RANCH, CA 91326
`UNITED STATES
`Goods/services affected by opposition
`
`Class 022. First Use: Feb 6, 2023 First Use In Commerce: Feb 6, 2023
`All goods and services in the class are opposed, namely: Polyethylene bags for the storage and
`transport of materials in bulk
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`Dilution by blurring
`
`Trademark Act Section 2(d)
`Trademark Act Sections 2 and 43(c)
`
`Marks cited by opposer as basis for opposition
`
`U.S. registration
`no.
`
`3928818
`
`Application date
`
`05/03/2007
`
`

`

`Register
`Registration date
`
`Principal
`03/08/2011
`
`Word mark
`Design mark
`
`APPLE
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`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
`
`6852651
`
`Principal
`09/20/2022
`
`Word mark
`Design mark
`
`APPLE
`
`Application date
`
`09/29/2017
`
`Foreign priority
`date
`
`03/30/2017
`
`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 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
`
`3070036
`
`Principal
`03/21/2006
`
`Word mark
`Design mark
`
`NONE
`
`Application date
`
`08/22/2002
`
`Foreign priority
`date
`
`02/26/2002
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 018. First use: First Use: None First Use In Commerce: None
`Cases, namely, attache cases, business card cases, business cases, calling
`card cases, [catalog cases, credit card cases,] document cases, [key cases,
`train cases and overnight cases; cases, namely, vanity, toiletry, cosmetic and
`lipstick cases sold empty;] bags, namely, all purpose sports and athletic bags,
`[beach bags,] book bags, carry-on bags, [cosmetic bags sold empty, duffel bags,
`garment bags for travel, leather and mesh shopping bags, overnight bags,]
`school bags, school book bags, [shoe bags for travel,] shoulder bags, [souvenir
`bags, suit bags, tote bags and travel bags; wallets; purses;] umbrellas[; walking
`sticks; credit card holders]
`
`U.S. registration
`no.
`Register
`Registration date
`
`7093750
`
`Principal
`06/27/2023
`
`Word mark
`Design mark
`
`PARK
`
`Application date
`
`08/28/2018
`
`Foreign priority
`date
`
`02/28/2018
`
`Description of
`mark
`Goods/services
`
`The mark consists of an apple with a bite removed and the word "Park".
`
`Class 018. First use: First Use: Nov 17, 2017 First Use In Commerce: Nov 17,
`2017
`Tote bags; all-purpose carrying bags
`Class 025. First use: First Use: Nov 17, 2017 First Use In Commerce: Nov 17,
`2017
`Clothing, namely, men's and women's t-shirts, and shirts
`
`U.S. registration
`no.
`Register
`Registration date
`
`6672358
`
`Principal
`03/15/2022
`
`Application date
`
`02/23/2018
`
`Foreign priority
`date
`
`NONE
`
`

`

`Word mark
`Design mark
`
`PARK
`
`Description of
`mark
`Goods/services
`
`The mark consists of a design comprised of concentric circles above a
`design of an apple with a bite removed and the word "Park".
`Class 018. First use: First Use: Nov 17, 2017 First Use In Commerce: Nov 17,
`2017
`tote bags; all purpose carrying bags
`Class 025. First use: First Use: Nov 17, 2017 First Use In Commerce: Nov 17,
`2017
`clothing, namely, men's and women's t-shirts and shirts
`
`Attachments
`
`77172511#TMSN.png( bytes )
`87628828#TMSN.png( bytes )
`78156887#TMSN.png( bytes )
`88096338#TMSN.png( bytes )
`87809610#TMSN.png( bytes )
`2024.10.21 Notice of Opposition_BLUE APPLE_Final.pdf(249204 bytes )
`Exhibits 1 - 10_98006182._Part1.pdf(5199911 bytes )
`Exhibits 1 - 10_98006182._Part2.pdf(4724928 bytes )
`Exhibits 1 - 10_98006182._Part3.pdf(5226939 bytes )
`Exhibits 1 - 10_98006182._Part4.pdf(860440 bytes )
`Exhibits 1 - 10_98006182._Part5.pdf(5059858 bytes )
`Exhibits 1 - 10_98006182._Part6.pdf(4474431 bytes )
`
`Signature
`Name
`Date
`
`/Joseph Petersen/
`JOSEPH PETERSEN
`10/21/2024
`
`

`

`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`Application Serial No. 98006182
`For the Mark: BLUE APPLE PACKAGING
`Filed: May 21, 2023
`Published: April 23, 2024
`
`
`
`
`
`
`
`APPLE INC.,
`
`
`
` v.
`
`OMRANII INC.,
`
`
`
`
`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 BLUE APPLE PACKAGING word mark shown in Application Serial No.
`
`98006182 (the “Applied-For Mark”), for the goods identified in Class 22, and, being entitled to a
`
`statutory cause of action, hereby opposes the same.
`
`NATURE OF THE PROCEEDING
`
`
`
`In this proceeding, Apple contests Applicant Omranii Inc.’s (“Applicant”) effort to register
`
`a mark that is confusingly similar to Apple’s famous APPLE mark and is likely to cause dilution
`
`of the distinctiveness of Apple’s famous APPLE mark, for storage bags, which encompasses bags
`
`for storing and transporting goods long associated with the APPLE mark and marketed to the same
`
`classes of consumers. Accordingly, Apple brings this proceeding to prevent registration of the
`
`Applied-For Mark in connection with the applied-for goods because it would result in a likelihood
`
`of consumer confusion and a likelihood of dilution of Apple’s famous mark.
`
`
`
`1
`
`

`

`
`
`Apple and Applicant are actively engaged in settlement negotiations concerning the subject
`
`Application but were unable to reach agreement before the final opposition deadline. Accordingly,
`
`Apple brings this proceeding to preserve its rights while providing the parties additional time to
`
`continue discussions toward a negotiated resolution.
`
`
`
`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
`
`have achieved an extraordinary level of fame and consumer recognition. As a result of Apple’s
`
`extensive advertising, promotion, and use of the Apple Marks in connection with a variety of goods
`
`and services, the Apple Marks have acquired enormous goodwill, and are recognized immediately
`
`as identifying Apple’s APPLE-branded goods and services.
`
`
`
`2
`
`

`

`
`
`4.
`
`The Apple Marks are famous and distinctive within the meaning of Section 43(c)
`
`of the Lanham Act, 15 U.S.C. § 1125(c). The extraordinary level of fame and consumer
`
`recognition that the Apple Marks currently enjoy cannot be seriously disputed.
`
`5.
`
`For many years, Apple’s APPLE brand (including the Apple Logo) has consistently
`
`been recognized as one of the world’s most famous brands. In July 2020, Forbes magazine ranked
`
`the APPLE brand as the world’s most valuable brand for the tenth year in a row, with an estimated
`
`valuation of $241 billion. Attached as Exhibit 1 are printouts of Forbes magazine articles
`
`regarding its list of the most valuable brands from 2020, 2019, 2018, 2017, 2016, 2015, 2014,
`
`2013, 2012, and 2011, obtained from its website.
`
`6.
`
`In 2021, for the tenth consecutive year, Apple won the Harris Interactive “Brand
`
`of the Year” award in the tablet computer category. Apple was also named the #1 brand in the
`
`smartphone category,
`
`the computer manufacturer category, and
`
`the wearable
`
`tech
`
`category. Attached as Exhibit 2 is a printout of the Harris Interactive report obtained from the
`
`website
`
`at
`
`https://theharrispoll.com/the-harris-poll-announces-this-years-brands-of-the-year-
`
`2021/.
`
`7.
`
`Additionally, Interbrand has consistently recognized the APPLE brand in the top
`
`50 of its “Best Global Brands” annual rankings, increasing in value each year. After being named
`
`the second most valuable brand in the world in 2012, the next year the APPLE brand was ranked
`
`as the most valuable, and Apple has maintained that top position every year since (2013-2024).
`
`Attached as Exhibit 3 are copies of relevant pages of Interbrand’s “Best Global Brands” rankings
`
`from 2011 through 2024, in reverse chronological order. Interbrand has awarded the APPLE brand
`
`the following rankings and brand valuations over the past 13 years:
`
`(a) 2024: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated net worth of U.S. $488.9 billion;
`
`
`
`3
`
`

`

`
`
`
`
`
`(b) 2023: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated net worth of U.S. $502,680 billion;
`
`(c) 2022: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $482,215 billion;
`
`(d) 2021: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $408,251 billion;
`
`(e) 2020: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $322.99 billion;
`
`(f) 2019: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $234.24 billion;
`
`(g) 2018: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $214.48 billion;
`
`(h) 2017: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $184.15 billion;
`
`(i) 2016: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $178.12 billion;
`
`(j) 2015: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $170.28 billion;
`
`(k) 2014: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $118.86 billion;
`
`(l) 2013: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $98.32 billion;
`
`(m) 2012: valuing the APPLE brand as the 2nd most valuable brand in the world, with
`an estimated worth of U.S. $76.57 billion; and
`
`(n) 2011: valuing the APPLE brand as the 8th most valuable brand in the world, with
`an estimated worth of U.S. $33.49 billion.
`
`8.
`
`In 2020, leading market research and brand valuation company Millward Brown
`
`Optimor (“MBO”) named APPLE as the second most valuable brand in the United States in its
`
`“Brandz™ Top 100 Most Valuable U.S. Brands” annual rankings. In 2019, MBO named APPLE
`
`as the most valuable brand in the United States in its “Brandz™ Top 100 Most Valuable U.S.
`
`
`
`4
`
`

`

`
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`Brands” annual rankings. In 2018, the inaugural year of MBO’s U.S. rankings, and in 2020,
`
`APPLE was named the second most valuable brand in the United States. Copies of MBO’s 2020,
`
`2019 and 2018 “Brandz™ Top 100 Most Valuable U.S. Brands” annual rankings are attached as
`
`Exhibit 4.
`
`9.
`
`Moreover, over the past 15 years, MBO has named APPLE as one of the world’s
`
`top brands in its “Brandz™ Top 100 Most Valuable Global Brands” annual rankings. In MBO’s
`
`2024, 2023 and 2022 rankings, Apple’s APPLE brand was ranked as the most valuable brand in
`
`the world with a value of $1.0 trillion, $880.4 billion, and $947 billion respectively. In MBO’s
`
`2021, 2020, and 2019 rankings, Apple’s APPLE brand was ranked the second most valuable brand
`
`in the world with a value of $611, $352.2, and $309.5 billion respectively. In MBO’s 2018
`
`rankings, Apple’s APPLE brand was ranked the second most valuable brand in the world with a
`
`value of $300.6 billion. In MBO’s 2017 rankings, Apple’s APPLE brand was ranked the second
`
`most valuable brand in the world with a value of $234.67 billion. The 2016 rankings also ranked
`
`Apple’s APPLE brand the second most valuable brand in the world with a value of $228.46
`
`billion. In 2015, MBO named Apple the world’s most valuable brand, a rank it also held in 2011,
`
`2012, and 2013. Apple’s APPLE brand ranked 2nd in 2014, 3rd in 2010, 6th in 2009, and 7th in
`
`2008, clearly demonstrating recognition of the APPLE brand as one of the world’s most valuable
`
`for more than a decade. Attached as Exhibit 5 are copies of relevant pages of MBO’s rankings in
`
`reverse chronological order from 2024 through 2008.
`
`10.
`
`In addition, market research company OnePoll named Apple’s Apple Logo as the
`
`most instantly recognizable brand logo in the United States in 2019. Attached as Exhibit 6 is a
`
`copy of OnePoll’s ranking of top 30 most recognizable brand logos.
`
`
`
`5
`
`

`

`
`
`11.
`
`Apple also has been widely recognized as an extremely valuable, innovative, and
`
`admired company. Each year since 2006, Fortune Magazine has published its list of “Most
`
`Admired Companies.” Apple has featured prominently in these rankings each year, and for 15
`
`years in a row from 2009 to 2024, Apple has been named the “World’s Most Admired Company”
`
`for the year. Before 2009, Fortune Magazine’s list was limited to “America’s Most Admired
`
`Companies,” and Apple also topped that list in 2008. Attached as Exhibit 7 are copies of printouts
`
`of relevant pages of Fortune Magazine’s “Most Admired Companies” rankings in reverse
`
`chronological order from 2024 through 2008.
`
`12.
`
`In addition, in 2024, leading brand valuation consultancy Brand Finance named
`
`APPLE as the world’s most valuable brand in the Brand Finance Global 500 ranking, valuing the
`
`brand at $516.6 billion. Brand Finance noted that Apple “achieved exceptional brand value
`
`growth” in “reclaiming its title as the world’s most valuable brand by a huge margin.” In covering
`
`the 2024 ranking, The World Trademark Review observed that “Apple smashes records to exceed
`
`half a trillion dollars in brand value.” In 2023, Brand Finance named APPLE as the world’s second
`
`most valuable brand in the Brand Finance Global 500 ranking, valuing the brand at $297.5 billion.
`
`In 2022, Brand Finance named APPLE as the world’s most valuable brand in the Brand Finance
`
`Global 500 ranking, valuing the brand at $355.1 billion. Attached as Exhibit 8 is a copy of the
`
`“The World’s Top 25 Most Valuable Brands” page from the Brand Finance Global 500 reports in
`
`reverse chronological order from 2024 through 2022. Attached as Exhibit 9 is a copy of The
`
`World Trademark Review article covering the 2024 rankings.
`
`13.
`
`Apple owns numerous United States registrations on the Principal Register for the
`
`Apple Marks, including, without limitation, the following:
`
`
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`
`
`6
`
`

`

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`
`
`TRADEMARK
`
`REG. NO.
`
`APP. DATE/
`REG. DATE
`
`APPLE
`
`3928818
`
`May 3, 2007 /
`Mar. 08, 2011
`
`Goods/Services
`(First Use/Priority Date)
`Class 9: Computer hardware; computer hardware,
`namely, server, desktop,
`laptop and notebook
`computers; computer memory hardware; computer
`disc drives; optical disc drives;