To:
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`Subject:
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`Sent:
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`Sent As:
`
`Attachments:
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`Apple Inc. (trademarkdocket@apple.com)
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`U.S. TRADEMARK APPLICATION NO. 87628828 - APPLE - N/A
`
`12/22/2017 2:04:46 PM
`
`ECOM107@USPTO.GOV
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`U.S. APPLICATION
`SERIAL NO.   87628828
`
`           
`
`MARK: APPLE
`
`CORRESPONDENT
`ADDRESS:
`  
`       THOMAS R. LA
`PERLE
`  
`       APPLE INC.
`         1 INFINITE LOOP
`           MS: 169-3IPL
`    
`    CUPERTINO, CA
`95014
`APPLICANT: Apple Inc.
`
`    
`
`*87628828*
`
`CLICK HERE TO RESPOND TO THIS
`LETTER:
`http://www.uspto.gov/trademarks/teas/response_forms.jsp
`
`VIEW YOUR APPLICATION FILE
`
`CORRESPONDENT’S
`REFERENCE/DOCKET
`
`NO:       
`
`  N/A
`CORRESPONDENT E-
`
`   
`
`MAIL ADDRESS:       
`
`trademarkdocket@apple.com
`
`OFFICE ACTION
`
`STRICT DEADLINE TO RESPOND TO THIS LETTER
`TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S
`COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.   A RESPONSE
`TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE
`MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
`
`ISSUE/MAILING DATE: 12/22/2017
`
`The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to
`the issue(s) below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
`
`Search
`The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that
`would bar registration under Trademark Act Section 2(d).  TMEP §704.02; see 15 U.S.C. §1052(d).
`
`Identification of Goods
`The identification of goods is indefinite and must be clarified as detailed below in bold.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant
`
`may adopt the following identification, if accurate:  
`Computers; computer hardware; handheld computers; tablet computers; telecommunications apparatus and instruments, namely, {the applicant
`must identify specific telecommunications apparatus and instruments by common commercial name e.g., mobile phones}; telephones;
`mobile telephones; smartphones; wireless communication devices for the transmission of voice, data, images, audio, video, and multimedia
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`content, namely, {the applicant must identify specific devices by common commercial name. The wording “Wireless communication
`devices for voice, data or image transmission” is definite. However, the wording devices for “audio, video, and multimedia content”
`necessitates the applicant list specific goods by common commercial name}; network communication apparatus, namely, {the applicant
`must identify specific network communication apparatus by common commercial name e.g., network routers}; handheld digital electronic
`devices capable of providing access to the internet and for the sending, receiving, and storing telephone calls, electronic mail, and other digital
`data, namely, {the applicant must identify specific goods by common commercial name e.g., cell phones, digital assistants}; wearable
`computer hardware in the nature {identify specific goods by common commercial name e.g., wearable computers}; 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 in the nature of {identify specific goods by common commercial name}; smartwatches; wearable activity trackers; electronic book
`readers; computer software for {specify the function of the programs, e.g., use in database management, use as a spreadsheet, word
`processing, etc. and, if software is content- or field-specific, the content or field of use} ; computer software for setting up, configuring,
`operating 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 entertainment systems; application development
`software; computer game software; downloadable pre-recorded audio, video and multimedia content, namely, {applicant must identify specific
`goods by common commercial name}; computer peripheral 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 in the
`nature of {the wording computer peripheral devices is definite. However, the applicant must clarify what is intended by peripheral
`devices for the remaining goods by listing said devices by common commercial name}; wearable peripherals for use with computers, mobile
`telephones, mobile electronic devices, smartwatches, earphones, headphones, set top boxes, and audio and video players and recorders in the
`nature of {the wording computer peripheral devices is definite. However, the applicant must clarify what is intended by peripheral
`devices for the remaining goods by listing said devices by common commercial name}; biometric identification and authentication apparatus,
`namely, {identify specific goods by common commercial name e.g., biometric retinal scanners}; accelerometers; altimeters; distance
`measuring apparatus; distance recording apparatus; pedometers; monitors, display screens, virtual and augmented reality displays and
`controllers; optical goods, namely, {identify specific optical  goods e.g., optical lenses, optical glasses, optical cables}; optical apparatus and
`instruments namely, {identify specific optical  goods e.g., optical ports for underwater photography}; cameras; flashes for cameras;
`keyboards, mice, mouse pads, printers, disk drives, and hard drives; sound recording and reproducing apparatus; digital audio and video players
`and recorders; audio speakers; audio amplifiers and receivers; voice recording and voice recognition apparatus in the nature of {voice
`recorders is definite, however, the applicant must specify the type of voice recognition apparatus by common commercial name};
`earphones; headphones; microphones; set top boxes; radios; radio transmitters and receivers; global positioning systems (GPS devices);
`{the applicant must specify the goods are electronic or identify the specific use}navigational 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, televisions, set top boxes, speakers, amplifiers, home theatre systems, and entertainment systems, namely, {the applicant must
`identify specific goods by common commercial name}; data storage apparatus in the nature of {the applicant must identify specific data
`storage apparatus by common commercial name e.g., blank tapes for storage of computer data}; batteries; battery chargers; electrical and
`electronic connectors, couplers, wires, cables, chargers, docks, docking stations, and adapters for use with computers, mobile telephones,
`handheld computers, computer peripherals, mobile telephones, mobile electronic devices, wearable electronic devices, smartwatches, earphones,
`headphones, audio and video players and recorders, and set top boxes; interactive touchscreens; interfaces for computers, computer screens,
`mobile telephones, mobile electronic devices, wearable electronic devices, smartwatches, televisions, set top boxes, and audio and video players
`and recorders; parts and accessories for computers, computer peripherals, mobile telephones, mobile electronic devices, wearable electronic
`devices, smartwatches, earphones, headphones, audio and video players and recorders, televisions, and set top boxes, namely, {identify specific
`parts and accessories by common commercial name as the wording is broad}; covers, bags, cases, sleeves, straps and lanyards {the
`applicant must specify the goods are specially adapted for use with the identified goods for classification in class 9} for computers, mobile
`telephones, mobile electronic devices, wearable electronic devices, smartwatches, earphones, headphones, set top boxes, and audio and video
`players and recorders; electronic agendas; dictating machines; measuring apparatus; remote controls for {specify the use of the remote controls
`e.g., remote controls for televisions}, in International Class 9.
`
`An applicant may only amend an identification to clarify or limit the goods, but not to add to or broaden the scope of the goods.  37 C.F.R.
`§2.71(a); see TMEP §§1402.06 et seq., 1402.07.
`
`For assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of
`Acceptable Identifications of Goods and Services at http://tess2.uspto.gov/netahtml/tidm.html.
`
`Combined Applications
`The application identifies goods in more than one international class; therefore, applicant must satisfy all the requirements below for each
`international class based on Trademark Act Sections 1(b) and 44:
`
`(1)      
`
`List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest
`numbered class.
`
` 
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`(2)      
`
`Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule at
`
`http://www.uspto.gov/trademarks/tm_fee_info.jsp).  
`
`See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
`
`For an overview of the requirements for a Sections 1(b) and 44 multiple-class application and how to satisfy the requirements online using the
`Trademark Electronic Application System (TEAS) form, please go to http://www.uspto.gov/trademarks/law/multiclass.jsp.
`
`Fee
`The filing fees for adding classes to an application are as follows:
`
`The fee for adding classes to a regular TEAS application is $400 per class when the fee is paid using the Trademark Electronic Application
`System (TEAS).  See 37 C.F.R. §2.6(a)(1)(ii); TMEP §§810, 1403.02(c).
`
`If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney.  All relevant e-
`mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to
`this Office action and will not extend the deadline for filing a proper response.  See 37 C.F.R. §2.191; TMEP §§304.01-.02, 709.04-.05.  Further,
`although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office
`action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights.   See TMEP §§705.02, 709.06.
`
`  
`
`/enkajubi/
`Elizabeth N. Kajubi
`Examining Attorney
`Law Office 107
`(571) 272-2727
`elizabeth.kajubi@uspto.gov
`
`TO RESPOND TO THIS LETTER:   Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp.   Please wait 48-72 hours from the
`issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. 
`For technical assistance with online forms, e-mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned
`trademark examining attorney.  E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to
`this Office action by e-mail.
`
`All informal e-mail communications relevant to this application will be placed in the official application record.
`
`WHO MUST SIGN THE RESPONSE:  It must be personally signed by an individual applicant or someone with legal authority to bind an
`applicant (i.e., a corporate officer, a general partner, all joint applicants).  If an applicant is represented by an attorney, the attorney must sign the
`
`response.  
`PERIODICALLY CHECK THE STATUS OF THE APPLICATION:   To ensure that applicant does not miss crucial deadlines or official
`notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at
`http://tsdr.uspto.gov/.   Please keep a copy of the TSDR status screen.   If the status shows no change for more than six months, contact the
`Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199.   For more information on checking
`status, see http://www.uspto.gov/trademarks/process/status/.
`
`TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.
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` 
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`

`

`To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Apple Inc. (trademarkdocket@apple.com)
`
`U.S. TRADEMARK APPLICATION NO. 87628828 - APPLE - N/A
`
`12/22/2017 2:04:47 PM
`
`ECOM107@USPTO.GOV
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`
`IMPORTANT NOTICE REGARDING YOUR
`U.S. TRADEMARK APPLICATION
`
`USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED
`ON 12/22/2017 FOR U.S. APPLICATION SERIAL NO. 87628828
`
`Please follow the instructions below:
`
`(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov, enter the U.S. application serial number, and click on
`“Documents.”
`
`The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24
`hours of this e-mail notification.
`
`(2)  TIMELY RESPONSE IS REQUIRED:  Please carefully review the Office action to determine (1) how to respond, and (2) the applicable
`response time period.  Your response deadline will be calculated from 12/22/2017 (or sooner if specified in the Office action).  A response
`transmitted through the Trademark Electronic Application System (TEAS) must be received before midnight Eastern Time of the last day of the
`response period.   For information regarding response time periods, see http://www.uspto.gov/trademarks/process/status/responsetime.jsp.
`
`Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as
`responses to Office actions. 
`Instead,
`the USPTO recommends that you respond online using the TEAS response form located at
`http://www.uspto.gov/trademarks/teas/response_forms.jsp.
`
`(3)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For
`technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail
`TSDR@uspto.gov.
`
`WARNING
`
`Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For
`more information regarding abandonment, see http://www.uspto.gov/trademarks/basics/abandon.jsp.
`
`PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are
`using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that
`closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay
`
`“fees.”   
`
`Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document
`from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States
`Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”   For more information on how to handle
`private company solicitations, see http://www.uspto.gov/trademarks/solicitation_warnings.jsp.
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