ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1396498
`11/18/2024
`
`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.
`11/17/2024
`
`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): JPetersen@ktslaw.com, BBRYNER@ktslaw.com,
`briggs.wright@ktslaw.com, agarcia@ktslaw.com, tmadmin@ktslaw.com
`6503262400
`1448919
`
`Applicant information
`
`Application no.
`Opposition filing
`date
`Applicant
`
`98126937
`11/18/2024
`
`Publication date
`Opposition period
`ends
`
`05/21/2024
`11/17/2024
`
`XUDONG NI
`NO.151 YONGNING LANE, WUMA STREET
`LUCHENG DISTRICT, WENZHOU CITY
`ZHEJIANG PROVINCE, 325000
`CHINA
`Goods/services affected by opposition
`
`Class 035. First Use: Aug 2, 2023 First Use In Commerce: Aug 2, 2023
`All goods and services in the class are opposed, namely: Accounting services; Advertising and mar-
`keting; Business information and inquiries; Employment agencies; Import-export agency services;
`Photocopying services; Providing television home shopping services in the field of general consumer
`merchandise; Retail store services for pharmaceutical, veterinary and sanitary preparations and med-
`ical supplies; Sponsorship search
`
`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
`
`2926853
`
`Principal
`02/15/2005
`
`Word mark
`Design mark
`
`NONE
`
`Application date
`
`08/16/2002
`
`Foreign priority
`date
`
`02/26/2002
`
`Description of
`mark
`Goods/services
`
`The mark consists of the design of an apple with a bite removed.
`
`Class 035. First use: First Use: 1983 First Use In Commerce: 1983
`analysis and consultation in the field of business information management,
`namely, the selection, adoption and operation of computers and computer in-
`formation management systems; providing information in the fields of business
`and commerce over computer networks and global communication networks;
`business services, namely, providing computer databases regarding the pur-
`chase and sale of a wide variety of products and services of others; business
`services, namely, dissemination of advertising for others via computer networks
`and global communication networks; retail store services featuring computers,
`computer software, computer peripherals and consumer electronics, and
`demonstration of products relating thereto; online retail store services provided
`via computer networks and global communication networks featuring computers,
`computer software, computer peripherals and consumer electronics, and
`demonstration of products relating thereto
`Class 039. First use: First Use: 1985 First Use In Commerce: 1985
`computerized data storage services; data storage relating to business
`
`U.S. registration
`no.
`Register
`Registration date
`
`6672359
`
`Principal
`03/15/2022
`
`Word mark
`Design mark
`
`PARK
`
`Application date
`
`02/23/2018
`
`Foreign priority
`date
`
`08/23/2017
`
`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 035. First use: First Use: Nov 17, 2017 First Use In Commerce: Nov 17,
`
`

`

`2017
`retail store services featuring clothing and souvenir merchandise
`
`U.S. registration
`no.
`Register
`Registration date
`
`7093751
`
`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 035. First use: First Use: Nov 17, 2017 First Use In Commerce: Nov 17,
`2017
`Retail store services featuring souvenir merchandise
`Class 041. First use: First Use: Nov 17, 2017 First Use In Commerce: Nov 17,
`2017
`Conducting guided tours of corporate headquarters by means of augmented
`reality
`
`U.S. registration
`no.
`Register
`Registration date
`
`7225008
`
`Principal
`11/21/2023
`
`Word mark
`Design mark
`
`NEWS
`
`Application date
`
`09/19/2019
`
`Foreign priority
`date
`
`03/19/2019
`
`Description of
`mark
`Goods/services
`
`The mark consists of the design of an apple with a bite removed and the word
`"News".
`Class 035. First use: First Use: Mar 25, 2019 First Use In Commerce: Mar 25,
`2019
`Compiling indexes of information available on global computer networks and
`other electronic and communications networks for others; providing business,
`consumer product, and commercial information over computer networks and
`global communication networks; advertising, marketing, and promotion services;
`retail store services provided via the Internet and other computer, electronic and
`communications networks featuring books, magazines, periodicals, newsletters,
`journals and other publications on a wide range of topics of general interest; re-
`tail store services in the field of books, magazines, periodicals, newsletters,
`journals and other publications on a wide range of topics of general interest,
`provided via the Internet and other computer, electronic and communications
`networks; subscription services, namely, providing subscriptions to text, data,
`image, audio, video, and multimedia content, provided via the Internet and other
`electronic and communications networks; providing subscription services of
`downloadable pre-recorded text, data, image, audio, video, and multimedia con-
`tent for a fee or pre-paid subscription, via the Internet and other electronic and
`communications networks
`Class 041. First use: First Use: Mar 25, 2019 First Use In Commerce: Mar 25,
`2019
`
`

`

`Providing entertainment services in the nature of websites and non-
`downloadable computer software applications featuring continuing programs in
`the fields of entertainment information, sports, music, news commentary and
`commentary in the field of entertainment, news, current events, and arts and cul-
`ture; providing entertainment services in the nature of continuing programs in
`the fields of sports, music, news commentary and commentary in the field of en-
`tertainment, news, and current events by means of telecommunications net-
`works and computer networks, and the Internet; current event news reporting;
`current event news reporting, namely, providing current event news by means of
`telecommunications and computer networks; publication of books, periodicals,
`newspapers, newsletters, manuals, blogs, journals, and other publications,
`namely, electronic magazines, in the fields of business, entertainment, health
`and wellness, hobbies, lifestyle, news in the field of current events, science and
`technology, sports, style and beauty, arts and culture; providing online non-
`downloadable electronic books, periodicals, newspapers, newsletters, manuals,
`blogs, journals, and other publications in the nature of electronic magazines, in
`the fields of business, entertainment, health and wellness, hobbies, lifestyle,
`news in the field of current events, science and technology, sports, style and
`beauty, arts and culture, via websites and computer applications
`Class 042. First use: First Use: Mar 25, 2019 First Use In Commerce: Mar 25,
`2019
`Providing online non-downloadable software for providing a user-customized
`feed of news, sports, weather, commentary, and other information, content from
`periodicals, blogs, and websites, and other text, audio, video, and multimedia
`content; creating indexes of online information, sites and other resources avail-
`able on the Internet and other electronic communications networks; providing
`online non-downloadable software for accessing, searching, browsing, display-
`ing, reading, recommending, sharing, posting in social media, organizing, annot-
`ating, and archiving content from newspapers, periodicals, blogs, and websites,
`news, sports, weather, commentary, and other information, and other text, data,
`graphics, images, audio, video, and multimedia content; providing a website fea-
`turing technology that enables users to preview and download electronic books,
`publications, and other documents; providing search engines for obtaining data
`via the internet and other electronic communications networks; providing a web-
`site featuring technology enabling users to upload, store, share, view and post
`images, audio, videos, online journals, blogs, podcasts, and multimedia content;
`Computer services, namely, creating computer network- based indexes of in-
`formation, websites and resources available on global computer networks and
`other electronic and communications networks for others; Searching and retriev-
`ing information, sites, and other resources available on global computer net-
`works and other electronic and communications networks for others; organizing
`content of information provided over a global computer network and other elec-
`tronic and communications networks according to user preferences, namely,
`providing customized computer searching services in the nature of searching
`and retrieving information at the customer's specific request via the Internet
`
`U.S. registration
`no.
`Register
`Registration date
`
`Word mark
`Design mark
`
`7242863
`
`Principal
`12/12/2023
`
`ARCADE
`
`Application date
`
`06/06/2019
`
`Foreign priority
`date
`
`12/07/2018
`
`Description of
`mark
`Goods/services
`
`The mark consists of a design of an apple with a bite removed before the word
`"Arcade".
`Class 035. First use: First Use: Sep 19, 2019 First Use In Commerce: Sep 19,
`
`

`

`2019
`Advertising, marketing, and promotion services; promoting the goods and ser-
`vices of others; retail store and online retail store services featuring download-
`able sound, image, video, and game files; retail store services featuring enter-
`tainment products in the nature of computer games provided via the internet and
`other computer electronic and communications networks; retail store services
`featuring computer, electronic, and entertainment products and computer soft-
`ware provided via the internet and other computer, electronic and communica-
`tions networks; retail store services featuring computer, electronic, and enter-
`tainment products; retail store services featuring computer, electronic, and en-
`tertainment products provided via the internet and other computer, electronic
`and communications networks; retail store services featuring computer software;
`retail store services featuring computer software provided via the internet and
`other computer, electronic and communications networks; subscription services,
`namely, providing subscriptions to text, data, image, audio, video, and multime-
`dia content, provided via the Internet and other electronic and communications
`networks; providing subscriptions to downloadable pre-recorded text, data, im-
`age, audio, video, and multimedia content for a fee or pre-paid subscription, via
`the internet and other electronic and communications networks; online retail
`store services featuring downloadable prerecorded text, data, image, audio,
`video, and multimedia content for a fee or pre-paid subscription, via the Internet
`and other electronic and communications networks
`Class 041. First use: First Use: Sep 19, 2019 First Use In Commerce: Sep 19,
`2019
`Distribution of multimedia entertainment content; presentation of multimedia en-
`tertainment content, namely, providing online computer games, electronic
`games, interactive games, and video games; providing non-downloadable com-
`puter games, electronic games, interactive games, and video games
`
`U.S. registration
`no.
`Register
`Registration date
`
`6110768
`
`Principal
`07/28/2020
`
`Application date
`
`06/11/2019
`
`Foreign priority
`date
`
`12/13/2018
`
`Word mark
`Design mark
`
`Description of
`mark
`Goods/services
`
`SEARCH ADS
`
`The mark consists of a design of an apple with a bite removed with the words
`"Search Ads".
`Class 035. First use: First Use: Mar 26, 2019 First Use In Commerce: Mar 26,
`2019
`advertising, marketing, and promotion services; advertising and marketing con-
`sultation services, namely, providing assistance in the development of creative
`and strategic advertising and marketing for others; advertising and marketing
`consultation services, namely, providing assistance in the creation, transmission
`and management of advertising campaigns for others; advertising and marketing
`consultation services, namely, providing business and commercial information in
`the field of marketing and advertising over computer networks and global com-
`munication networks; business services, namely, providing information concern-
`ing creation, management, and optimization of advertising campaigns for others;
`business services, namely, dissemination of advertising for others via computer
`networks and global communication networks
`
`U.S. registration
`no.
`
`6015367
`
`Application date
`
`08/01/2019
`
`

`

`Register
`Registration date
`
`Principal
`03/17/2020
`
`Foreign priority
`date
`
`02/08/2019
`
`Word mark
`Design mark
`
`Description of
`mark
`Goods/services
`
`U.S. registration
`no.
`Register
`Registration date
`
`Word mark
`Design mark
`
`Description of
`mark
`Goods/services
`
`NEWS+
`
`The mark consists of the design of an apple with a bite removed and the word
`"News+".
`Class 035. First use: First Use: Mar 25, 2019 First Use In Commerce: Mar 25,
`2019
`Retail store services in the field of books, magazines, periodicals, newsletters,
`journals and other publications on a wide range of topics of general interest,
`provided via the Internet and other computer, electronic and communications
`networks; subscription services, namely, providing subscriptions to text, data,
`image, audio, video, and multimedia content, provided via the Internet and other
`electronic and communications networks; providing subscription services of
`downloadable pre-recorded text, data, image, audio, video, and multimedia con-
`tent for a fee or pre-paid subscription, via the Internet and other electronic and
`communications networks
`
`7068814
`
`Principal
`05/30/2023
`
`TRADE IN
`
`Application date
`
`09/18/2019
`
`Foreign priority
`date
`
`03/19/2019
`
`The mark consists of a design of an apple with a bite removed with the words
`"Trade In".
`Class 035. First use: First Use: Apr 4, 2023 First Use In Commerce: Apr 4, 2023
`Retail services, namely, providing a trade-in and buy-back program for used
`computers, computer hardware and peripherals, tablet computers, smart-
`watches, and smartphones
`Class 040. First use: First Use: Apr 4, 2023 First Use In Commerce: Apr 4, 2023
`recycling; recycling of used computers, computer hardware and peripherals, tab-
`let computers, smartwatches, smartphones, set-top boxes, media players, audio
`speakers, headphones, earphones, wireless routers, computer monitors, com-
`puter keyboards, computer mice, computer cables, computer power adapters,
`computer printers for printing documents and photos, scanners, and peripherals
`and accessories for the foregoing; providing a recycling program whereby parti-
`cipants are incentivized to recycle by receiving payment or credit in exchange
`for trading in used computers, computer hardware and peripherals, tablet com-
`puters, smartwatches, smartphones
`
`U.S. registration
`no.
`Register
`Registration date
`
`6110765
`
`Principal
`07/28/2020
`
`Word mark
`
`APPLE SEARCH ADS
`
`Application date
`
`06/11/2019
`
`Foreign priority
`date
`
`12/13/2018
`
`

`

`Design mark
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 035. First use: First Use: Mar 26, 2019 First Use In Commerce: Mar 26,
`2019
`advertising, marketing, and promotion services; advertising and marketing con-
`sultation services, namely, providing assistance in the development of creative
`and strategic advertising and marketing for others; advertising and marketing
`consultation services, namely, providing assistance in the creation, transmission
`and management of advertising campaigns for others; advertising and marketing
`consultation services, namely, providing business and commercial information in
`the field of marketing and advertising over computer networks and global com-
`munication networks; business services, namely, providing information concern-
`ing creation, management, and optimization of advertising campaigns for others;
`business services, namely, dissemination of advertising for others via computer
`networks and global communication networks
`
`U.S. registration
`no.
`Register
`Registration date
`
`6420494
`
`Principal
`07/13/2021
`
`Word mark
`Design mark
`
`APPLE ARCADE
`
`Application date
`
`04/26/2019
`
`Foreign priority
`date
`
`10/29/2018
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 035. First use: First Use: Sep 19, 2019 First Use In Commerce: Sep 19,
`2019
`advertising, marketing, and promotion services; promoting the goods and ser-
`vices of others; online retail store services featuring downloadable sound, im-
`age, video, and game files; retail store services featuring entertainment products
`in the nature of computer games and computer software provided via the inter-
`net and other computer, electronic, and communications networks; retail store
`services featuring entertainment products in the nature of computer games; re-
`tail store services featuring entertainment products in the nature of computer
`games provided via the internet and other computer, electronic and communica-
`tions networks; retail store services featuring computer software; retail store ser-
`vices featuring computer software provided via the internet and other computer,
`electronic, and communications networks; subscription services, namely, provid-
`ing subscriptions to text, data, image, audio, video, and multimedia content in
`the nature of computer games, provided via the internet and other electronic and
`communications networks; providing subscriptions to downloadable pre-re-
`corded text, data, image, audio, video, and multimedia content in the nature of
`computer games for a fee or pre-paid subscription, via the internet and other
`electronic and communications networks; online retail store services featuring
`downloadable pre-recorded text, data, image, audio, video, and multimedia con-
`tent for a fee or pre-paid subscription, via the internet and other electronic and
`communications networks
`Class 041. First use: First Use: Sep 19, 2019 First Use In Commerce: Sep 19,
`2019
`
`

`

`development, production and distribution of multimedia entertainment content;
`presentation of multimedia entertainment content, namely, providing online com-
`puter games, electronic games, interactive games, and video games; providing
`non-downloadable computer games, electronic games, interactive games, and
`video games
`
`U.S. registration
`no.
`Register
`Registration date
`
`2424976
`
`Principal
`01/30/2001
`
`Application date
`
`11/23/1999
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`
`Description of
`mark
`Goods/services
`
`THE APPLE STORE
`
`NONE
`
`Class 035. First use: First Use: Nov 1997 First Use In Commerce: Nov 1997
`online retail store services provided via a global computer network featuring
`computers, computer hardware, computer systems, computer software, com-
`puter peripherals and accessories
`
`U.S. registration
`no.
`Register
`Registration date
`
`2462798
`
`Principal
`06/19/2001
`
`Application date
`
`11/23/1999
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`
`Description of
`mark
`Goods/services
`
`APPLE STORE
`
`NONE
`
`Class 035. First use: First Use: Nov 1, 1997 First Use In Commerce: Nov 1,
`1997
`online retail store services provided via a global computer network featuring
`computers, computer hardware, computer systems, computer software, com-
`puter peripherals and accessories
`
`U.S. registration
`no.
`Register
`Registration date
`
`2683410
`
`Principal
`02/04/2003
`
`Application date
`
`04/25/2002
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`
`Description of
`mark
`Goods/services
`
`APPLE STORE
`
`NONE
`
`Class 035. First use: First Use: Nov 1, 1997 First Use In Commerce: Nov 1,
`1997
`Retail store services featuring computers, computer software, computer peri-
`pherals and consumer electronics, and demonstration of products relating
`
`

`

`U.S. registration
`no.
`Register
`Registration date
`
`Word mark
`Design mark
`
`Description of
`mark
`Goods/services
`
`thereto; online retail store services provided via a global computer network fea-
`turing computers, computer software, computer peripherals and consumer elec-
`tronics, and demonstration of products relating thereto
`
`7086636
`
`Application date
`
`05/13/2022
`
`Principal
`06/20/2023
`
`Foreign priority
`date
`APPLE SELF SERVICE REPAIR
`
`11/15/2021
`
`NONE
`
`Class 035. First use: First Use: Apr 27, 2022 First Use In Commerce: Apr 27,
`2022
`Online retail store services provided via a global computer network featuring
`parts, tools and manuals for the repair of computers, computer peripherals and
`consumer electronic devices
`
`U.S. registration
`no.
`Register
`Registration date
`
`7429641
`
`Principal
`06/25/2024
`
`Word mark
`Design mark
`
`APPLE ONE
`
`Application date
`
`10/22/2020
`
`Foreign priority
`date
`
`04/22/2020
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 035. First use: First Use: Oct 30, 2020 First Use In Commerce: Oct 30,
`2020
`Retail store and online retail store services featuring bundled subscription pack-
`ages to online digital content and media services comprised of a music subscrip-
`tion service, a video-on-demand subscription service, a computer game sub-
`scription service, an electronic publication subscription service, a fitness stream-
`ing subscription service, and a personal file data storage subscription service;
`subscription services, namely, providing subscriptions to text, data, image, au-
`dio, video, and multimedia content, provided via the Internet and other electronic
`and communications networks; subscription services, namely, providing sub-
`scriptions to text, data, image, audio, video, and multimedia content, provided
`via the Internet and other electronic and communications networks, namely,
`providing bundled entertainment subscription packages comprised of an online
`music subscription service, a video-on-demand subscription service, a computer
`game subscription service, an electronic publication subscription service, and a
`fitness streaming subscription service; providing subscriptions to downloadable
`pre-recorded text, data, image, audio, video, and multimedia content for a fee or
`pre-paid subscription, via the Internet and other electronic and communications
`networks; providing an Internet portal allowing users to preview and download
`electronic books, publications, and other documents as part of a fee or pre-paid
`subscription
`
`

`

`Class 042. First use: First Use: Oct 30, 2020 First Use In Commerce: Oct 30,
`2020
`Electronic data storage for a fee or pre-paid subscription; providing online non-
`downloadable software for use in connection with accessing, delivering, pur-
`chasing, and sharing bundled subscription packages to online digital content
`and media services comprised of a music subscription service, a video-
`on-demand subscription service, a computer game subscription service, an elec-
`tronic publication subscription service, a fitness streaming subscription service,
`and a personal file data storage subscription service via a fee or pre-paid sub-
`scription
`
`U.S. registration
`no.
`Register
`Registration date
`
`6147070
`
`Principal
`09/08/2020
`
`Application date
`
`02/24/2020
`
`Foreign priority
`date
`
`09/04/2019
`
`Word mark
`Design mark
`
`Description of
`mark
`Goods/services
`
`APPLE WATCH STUDIO
`
`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
`
`U.S. registration
`no.
`Register
`Registration date
`
`6943744
`
`Principal
`01/03/2023
`
`Word mark
`
`APPLE NEWS+
`
`Application date
`
`07/26/2019
`
`Foreign priority
`date
`
`01/29/2019
`
`

`

`Design mark
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 035. First use: First Use: Mar 25, 2019 First Use In Commerce: Mar 25,
`2019
`Retail store services in the field of books, magazines, periodicals, newsletters,
`journals and other publications on a wide range of topics of general interest,
`provided via the Internet and other computer, electronic and communications
`networks; subscription services, namely, providing subscriptions to text, data,
`image, audio, video, and multimedia content, provided via the Internet and other
`electronic and communications networks; providing subscription services of
`downloadable pre-recorded text, data, image, audio, video, and multimedia con-
`tent for a fee or pre-paid subscription, via the Internet and other electronic and
`communications networks
`
`U.S. registration
`no.
`Register
`Registration date
`
`5902344
`
`Principal
`11/05/2019
`
`Word mark
`Design mark
`
`APPLE TRADE IN
`
`Application date
`
`04/23/2019
`
`Foreign priority
`date
`
`03/18/2019
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 035. First use: First Use: Apr 18, 2019 First Use In Commerce: Apr 18,
`2019
`Retail services, namely, providing a trade-in and buy-back program for used
`computers, computer hardware and peripherals, tablet computers, smart-
`watches, smartphones, set-top boxes, media players, audio speakers, head-
`phones, earphones, wireless routers, computer monitors, computer keyboards,
`computer mice, computer cables, computer power adapters, computer printers
`for printing documents and photos, scanners, and peripherals and accessories
`for the foregoing
`
`U.S. registration
`no.
`Register
`Registration date
`
`7093749
`
`Principal
`06/27/2023
`
`Word mark
`Design mark
`
`APPLE PARK
`
`Application date
`
`08/28/2018
`
`Foreign priority
`date
`
`02/28/2018
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 035. First use: First Use: Nov 17, 2017 First Use In Commerce: Nov 17,
`2017
`Retail store services featuring computer, electronic, and entertainment products,
`
`

`

`telecommunications devices, handheld and wearable digital electronic devices,
`audio products, home automation products, computer software, souvenir mer-
`chandise, and accessories, peripherals, carrying cases, and parts for such
`products; product demonstrations provided in-store
`Class 041. First use: First Use: Nov 17, 2017 First Use In Commerce: Nov 17,
`2017
`Education services, namely, conducting classes and workshops in the field of
`computers, computer software, information technology, music, photography and
`video products and consumer electronics; computer education training services;
`training in the use and operation of computers, computer software and con-
`sumer electronics
`Class 043. First use: First Use: Nov 17, 2017 First Use In Commerce: Nov 17,
`2017
`Restaurant services
`
`U.S. registration
`no.
`Register
`Registration date
`
`5831714
`
`Principal
`08/13/2019
`
`Word mark
`Design mark
`
`APPLE GIVEBACK
`
`Application date
`
`08/17/2018
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 035. First use: First Use: Apr 20, 2018 First Use In Commerce: Apr 20,
`2018
`Retail services, namely, providing a trade-in and buy-back program for used
`computers, computer hardware and peripherals, tablet computers, smart-
`watches, smartphones, set-top boxes, media players, audio speakers, head-
`phones, earphones, wireless routers, computer monitors, computer keyboards,
`computer mice, computer cables, computer power adapters, computer printers
`for printing documents and photos, scanners, and peripherals and accessories
`for the foregoing; retail services, namely, providing a recycling incentive program
`whereby participants receive payment, credit or services in exchange for trading
`in used computers, computer hardware and peripherals, tablet computers,
`smartwatches, smartphones, set-top boxes, media players, audio speakers,
`headphones, earphones, wireless routers, computer monitors, computer key-
`boards, computer mice, computer cables, computer power adapters, computer
`printers for printing documents and photos, scanners, and peripherals and ac-
`cessories for the foregoing
`
`U.S. registration
`no.
`Register
`Registration date
`
`6245771
`
`Principal
`01/12/2021
`
`Word mark
`Design mark
`
`TODAY AT APPLE
`
`Description of
`
`NONE
`
`Application date
`
`09/13/2017
`
`Foreign priority
`date
`
`NONE
`
`

`

`mark
`Goods/services
`
`Attachments
`
`Class 035. First use: First Use: May 21, 2017 First Use In Commerce: May 21,
`2017
`Retail store services featuring computer, electronic, and entertainment products,
`telecommunications devices, handheld and wearable digital electronic devices,
`smartphones, smartwatches, audio products, home automation products, com-
`puter software, and accessories, peripherals, and parts for such products
`
`78155188#TMSN.png( bytes )
`87809618#TMSN.png( bytes )
`88096362#TMSN.png( bytes )
`88623722#TMSN.png( bytes )
`88462991#TMSN.png( bytes )
`88468785#TMSN.png( bytes )
`88559819#TMSN.png( bytes )
`88621707#TMSN.png( bytes )
`88468728#TMSN.png( bytes )
`88404177#TMSN.png( bytes )
`75857191#TMSN.png( bytes )
`75857151#TMSN.png( bytes )
`76400649#TMSN.png( bytes )
`97410107#TMSN.png( bytes )
`90270584#TMSN.png( bytes )
`88807971#TMSN.png( bytes )
`88541009#TMSN.png( bytes )
`88398147#TMSN.png( bytes )
`88096297#TMSN.png( bytes )
`88083464#TMSN.png( bytes )
`87607171#TMSN.png( bytes )
`NOO - Xudong Ni.pdf(247707 bytes )
`EXHIBITS 1-8_Part1.pdf(4818992 bytes )
`EXHIBITS 1-8_Part2.pdf(5108914 bytes )
`EXHIBITS 1-8_Part3.pdf(4808840 bytes )
`EXHIBITS 1-8_Part4.pdf(5224101 bytes )
`EXHIBITS 1-8_Part5.pdf(5208543 bytes )
`EXHIBITS 1-8_Part6.pdf(5522306 bytes )
`EXHIBITS 1-8_Part7.pdf(4075144 bytes )
`EXHIBIT 9.pdf(1342522 bytes )
`EXHIBIT 10.pdf(1917120 bytes )
`
`Signature
`Name
`Date
`
`/Joseph Petersen/
`Joseph Petersen
`11/18/2024
`
`

`

`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`Application Serial No. 98126937
`
`For the Mark:
`Filed: August 10, 2023
`Published: May 21, 2024
`
`
`
`
`
`
`
`
`
`APPLE INC.,
`
`
`
` v.
`
`XUDONG NI,
`
`
`
`
`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 trademark shown in Application Serial No. 98126937 (the “Applied-For
`
`Mark”), for the services identified in Class 35 and, being entitled to a statutory cause of action,
`
`hereby opposes the same.
`
`NATURE OF THE PROCEEDING
`
`
`
`In this proceeding, Apple contests Applicant Xudong Ni’s (“Applicant”) effort to register
`
`a minimalistic design with a detached leaf on the top right that is confusingly similar to Apple’s
`
`famous Apple Logo mark and is likely to cause dilution of the distinctiveness of that famous mark.
`
`The application at issue covers advertising, business information, and retail services, which are
`
`among the services long associated with the Apple Logo mark and marketed to the same classes
`
`of consumers. Accordingly, Apple brings this proceeding to prevent registration of the Applied-
`
`
`
`1
`
`

`

`
`
`For Mark in connection with the applied-for services because it would result in a likelihood of
`
`consumer confusion and a likelihood of dilution of Apple’s famous mark.
`
`Apple and Applicant are actively engaged in settlement negotiations concerning the subject
`
`Application but were unabl