`PTO Form 1957 (Rev 10/2011)
`
`OMB No. 0651-0050 (Exp 09/20/2020)
`
`Response to Office Action
`
`Input Field
`
`SERIAL NUMBER
`
`LAW OFFICE ASSIGNED
`
`MARK SECTION
`
`MARK FILE NAME
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`The table below presents the data as entered.
`
`Entered
`
`88560204
`
`LAW OFFICE 117
`
`https://tmng-al.uspto.gov/resting2/api/img/88560204/large
`
`NEWS+
`
`NO
`
`NO
`
`GOODS AND/OR SERVICES SECTION (041)(current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`041
`
`Providing a website for the uploading, storing, sharing, viewing and posting of images, audio, videos, online journals, blogs, podcasts, and
`multimedia content; publication of books, periodicals, newspapers, newsletters, manuals, blogs, journals, and other publications; providing
`websites and computer applications featuring books, periodicals, newspapers, newsletters, manuals, blogs, journals, and other publications
`
`FILING BASIS
`
`FILING BASIS
`
` FOREIGN APPLICATION NUMBER
`
` FOREIGN APPLICATION COUNTRY
`
` FOREIGN FILING DATE
`
`Section 1(b)
`
`Section 44(d)
`
`2019-122
`
`Liechtenstein
`
`02/08/2019
`
`GOODS AND/OR SERVICES SECTION (041)(proposed)
`
`INTERNATIONAL CLASS
`
`TRACKED TEXT DESCRIPTION
`
`041
`
`Providing a website for the uploading, storing, sharing, viewing and posting of images, audio, videos, online journals, blogs, podcasts, and
`multimedia content; publication of books, periodicals, newspapers, newsletters, manuals, blogs, journals, and other publications; providing
`websites and computer applications featuring books, periodicals, newspapers, newsletters, manuals, blogs, journals, and other publications;
`providing websites and online non-downloadable computer applications featuring books, periodicals, newspapers, newsletters, manuals, blogs,
`journals, and other publications
`
`FINAL DESCRIPTION
`
`Providing a website for the uploading, storing, sharing, viewing and posting of images, audio, videos, online journals, blogs, podcasts, and
`multimedia content; publication of books, periodicals, newspapers, newsletters, manuals, blogs, journals, and other publications; providing
`websites and online non-downloadable computer applications featuring books, periodicals, newspapers, newsletters, manuals, blogs, journals,
`and other publications
`
`FILING BASIS
`
`FILING BASIS
`
` FOREIGN APPLICATION NUMBER
`
` FOREIGN APPLICATION COUNTRY
`
`Section 1(b)
`
`Section 44(d)
`
`2019-122
`
`Liechtenstein
`
`
`
` FOREIGN FILING DATE
`
`02/08/2019
`
` INTENT TO
` PERFECT 44(d)
`
`At this time, the applicant has another basis for registration (Section 1(a) or Section
`1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but
`is only asserting a valid claim of priority. The application should not be suspended to
`await the submission of the foreign registration.
`
`GOODS AND/OR SERVICES SECTION (042)(current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`042
`
`Providing online non-downloadable software for accessing, searching, browsing, displaying, reading, recommending, sharing, posting in social
`media, organizing, annotating, 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 an Internet portal allowing 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 online non-downloadable application development software; technical support and
`consultation services for developing computer applications
`
`FILING BASIS
`
`FILING BASIS
`
` FOREIGN APPLICATION NUMBER
`
` FOREIGN APPLICATION COUNTRY
`
` FOREIGN FILING DATE
`
`Section 1(b)
`
`Section 44(d)
`
`2019-122
`
`Liechtenstein
`
`02/08/2019
`
`GOODS AND/OR SERVICES SECTION (042)(proposed)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`042
`
`Providing online non-downloadable software for accessing, searching, browsing, displaying, reading, recommending, sharing, posting in social
`media, organizing, annotating, 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 an Internet portal allowing 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 online non-downloadable application development software; technical support and
`consultation services for developing computer applications
`
`FILING BASIS
`
`FILING BASIS
`
` FOREIGN APPLICATION NUMBER
`
` FOREIGN APPLICATION COUNTRY
`
` FOREIGN FILING DATE
`
` INTENT TO
` PERFECT 44(d)
`
`Section 1(b)
`
`Section 44(d)
`
`2019-122
`
`Liechtenstein
`
`02/08/2019
`
`At this time, the applicant has another basis for registration (Section 1(a) or Section
`1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but
`is only asserting a valid claim of priority. The application should not be suspended to
`await the submission of the foreign registration.
`
`ATTORNEY SECTION (current)
`
`NAME
`
`Thomas R. La Perle
`
`ATTORNEY BAR MEMBERSHIP NUMBER
`
`YEAR OF ADMISSION
`
`U.S. STATE/ COMMONWEALTH/ TERRITORY
`
`FIRM NAME
`
`INTERNAL ADDRESS
`
`NOT SPECIFIED
`
`NOT SPECIFIED
`
`NOT SPECIFIED
`
`APPLE INC.
`
`MS: 169-3IPL
`
`
`
`STREET
`
`CITY
`
`STATE
`
`POSTAL CODE
`
`COUNTRY
`
`
`ONE APPLE PARK WAY
`
`CUPERTINO
`
`California
`
`95014
`
`US
`
`trademarkdocket@apple.com
`
`AUTHORIZED TO COMMUNICATE VIA EMAIL
`
`Yes
`
`ATTORNEY SECTION (proposed)
`
`NAME
`
`Thomas R. La Perle
`
`ATTORNEY BAR MEMBERSHIP NUMBER
`
`YEAR OF ADMISSION
`
`U.S. STATE/ COMMONWEALTH/ TERRITORY
`
`FIRM NAME
`
`INTERNAL ADDRESS
`
`STREET
`
`CITY
`
`STATE
`
`POSTAL CODE
`
`COUNTRY
`
`
`XXX
`
`XXXX
`
`XX
`
`APPLE INC.
`
`MS: 169-3IPL
`
`ONE APPLE PARK WAY
`
`CUPERTINO
`
`California
`
`95014
`
`United States
`
`trademarkdocket@apple.com
`
`AUTHORIZED TO COMMUNICATE VIA EMAIL
`
`Yes
`
`OTHER APPOINTED ATTORNEY
`
`All other attorneys in the Trademark Law Department
`
`CORRESPONDENCE SECTION (current)
`
`NAME
`
`FIRM NAME
`
`INTERNAL ADDRESS
`
`STREET
`
`CITY
`
`STATE
`
`POSTAL CODE
`
`COUNTRY
`
`PHONE
`
`
`THOMAS R. LA PERLE
`
`APPLE INC.
`
`MS: 169-3IPL
`
`ONE APPLE PARK WAY
`
`CUPERTINO
`
`California
`
`95014
`
`US
`
`408-974-2385
`
`trademarkdocket@apple.com; laperle@apple.com
`
`AUTHORIZED TO COMMUNICATE VIA EMAIL
`
`Yes
`
`CORRESPONDENCE SECTION (proposed)
`
`NAME
`
`FIRM NAME
`
`INTERNAL ADDRESS
`
`Thomas R. La Perle
`
`APPLE INC.
`
`MS: 169-3IPL
`
`
`
`STREET
`
`CITY
`
`STATE
`
`POSTAL CODE
`
`COUNTRY
`
`
`ONE APPLE PARK WAY
`
`CUPERTINO
`
`California
`
`95014
`
`United States
`
`trademarkdocket@apple.com; laperle@apple.com
`
`AUTHORIZED TO COMMUNICATE VIA EMAIL
`
`Yes
`
`SIGNATURE SECTION
`
`RESPONSE SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`AUTHORIZED SIGNATORY
`
`FILING INFORMATION SECTION
`
`SUBMIT DATE
`
`TEAS STAMP
`
`/Thomas R. La Perle/
`
`Thomas R. La Perle
`
`Attorney of record, California bar member
`
`408-974-2385
`
`09/10/2019
`
`YES
`
`Tue Sep 10 15:46:37 EDT 2019
`
`USPTO/ROA-XX.XXX.XXX.XXX-
`20190910154637352756-8856
`0204-6101027dab64ae83f40e
`48d9e4da1c946d14fcb36e26a
`df3f8465e8c58882a1051-N/A
`-N/A-20190910154303818845
`
`Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1957 (Rev 10/2011)
`
`OMB No. 0651-0050 (Exp 09/20/2020)
`
`To the Commissioner for Trademarks:
`
`Response to Office Action
`
`Application serial no. 88560204 NEWS+ (Stylized and/or with Design, see https://tmng-al.uspto.gov/resting2/api/img/88560204/large) has been
`amended as follows:
`
`CLASSIFICATION AND LISTING OF GOODS/SERVICES
`
`Applicant proposes to amend the following class of goods/services in the application:
`Current: Class 041 for Providing a website for the uploading, storing, sharing, viewing and posting of images, audio, videos, online journals,
`blogs, podcasts, and multimedia content; publication of books, periodicals, newspapers, newsletters, manuals, blogs, journals, and other
`publications; providing websites and computer applications featuring books, periodicals, newspapers, newsletters, manuals, blogs, journals, and
`other publications
`Original Filing Basis:
`Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a
`bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a
`collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a
`bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with
`the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the
`applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in
`
`
`
`connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the
`mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification
`standards of the applicant.
`
`Filing Basis: Section 44(d), Priority based on foreign filing: For a trademark or service mark application: As of the application filing date,
`the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and
`asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark
`application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use
`of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a
`claim of priority based upon a foreign application. For a certification application: As of the application filing date, the applicant had a bona fide
`intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the
`identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except
`to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant,
`and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Liechtenstein application number
`2019-122 filed 02/08/2019]. 15 U.S.C.Section 1126(d), as amended.
`
`Proposed:
`Tracked Text Description: Providing a website for the uploading, storing, sharing, viewing and posting of images, audio, videos, online
`journals, blogs, podcasts, and multimedia content; publication of books, periodicals, newspapers, newsletters, manuals, blogs, journals, and other
`publications; providing websites and computer applications featuring books, periodicals, newspapers, newsletters, manuals, blogs, journals, and
`other publications; providing websites and online non-downloadable computer applications featuring books, periodicals, newspapers, newsletters,
`manuals, blogs, journals, and other publications
`
`Class 041 for Providing a website for the uploading, storing, sharing, viewing and posting of images, audio, videos, online journals, blogs,
`podcasts, and multimedia content; publication of books, periodicals, newspapers, newsletters, manuals, blogs, journals, and other publications;
`providing websites and online non-downloadable computer applications featuring books, periodicals, newspapers, newsletters, manuals, blogs,
`journals, and other publications
`Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a
`bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a
`collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a
`bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with
`the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the
`applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in
`connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the
`mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification
`standards of the applicant.
`
`Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date,
`the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and
`asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark
`application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use
`of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a
`claim of priority based upon a foreign application. For a certification mark application: As of the application filing date, the applicant had a
`bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with
`the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied,
`except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the
`applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Liechtenstein application
`number 2019-122 filed 02/08/2019]. 15 U.S.C.Section 1126(d), as amended.
`INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend
`to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to
`await the submission of the foreign registration.
`
`Applicant proposes to amend the following class of goods/services in the application:
`Current: Class 042 for Providing online non-downloadable software for accessing, searching, browsing, displaying, reading, recommending,
`sharing, posting in social media, organizing, annotating, 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 an Internet
`portal allowing 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 online non-downloadable application development software; technical
`support and consultation services for developing computer applications
`Original Filing Basis:
`Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a
`
`
`
`bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a
`collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a
`bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with
`the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the
`applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in
`connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the
`mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification
`standards of the applicant.
`
`Filing Basis: Section 44(d), Priority based on foreign filing: For a trademark or service mark application: As of the application filing date,
`the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and
`asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark
`application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use
`of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a
`claim of priority based upon a foreign application. For a certification application: As of the application filing date, the applicant had a bona fide
`intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the
`identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except
`to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant,
`and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Liechtenstein application number
`2019-122 filed 02/08/2019]. 15 U.S.C.Section 1126(d), as amended.
`
`Proposed: Class 042 for Providing online non-downloadable software for accessing, searching, browsing, displaying, reading, recommending,
`sharing, posting in social media, organizing, annotating, 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 an Internet
`portal allowing 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 online non-downloadable application development software; technical
`support and consultation services for developing computer applications
`Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a
`bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a
`collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a
`bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with
`the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the
`applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in
`connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the
`mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification
`standards of the applicant.
`
`Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date,
`the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and
`asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark
`application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use
`of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a
`claim of priority based upon a foreign application. For a certification mark application: As of the application filing date, the applicant had a
`bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with
`the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied,
`except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the
`applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Liechtenstein application
`number 2019-122 filed 02/08/2019]. 15 U.S.C.Section 1126(d), as amended.
`INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend
`to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to
`await the submission of the foreign registration.
`
`The applicant's current attorney information: Thomas R. La Perle. Thomas R. La Perle of APPLE INC., is located at
`
` MS: 169-3IPL
` ONE APPLE PARK WAY
` CUPERTINO, California 95014
` US
`
`The email address is trademarkdocket@apple.com
`
`
`
`The applicants proposed attorney information: Thomas R. La Perle. Other appointed attorneys are All other attorneys in the Trademark Law
`Department. Thomas R. La Perle of APPLE INC., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the
`attorney(s) is located at
`
` MS: 169-3IPL
` ONE APPLE PARK WAY
` CUPERTINO, California 95014
` United States
`
`The email address is trademarkdocket@apple.com
`
`Thomas R. La Perle submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest
`court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
`
`The applicant's current correspondence information: THOMAS R. LA PERLE. THOMAS R. LA PERLE of APPLE INC., is located at
`
` MS: 169-3IPL
` ONE APPLE PARK WAY
` CUPERTINO, California 95014
` US
`
`The phone number is 408-974-2385.
`
`The email address is trademarkdocket@apple.com; laperle@apple.com
`
`The applicants proposed correspondence information: Thomas R. La Perle. Thomas R. La Perle of APPLE INC., is located at
`
` MS: 169-3IPL
` ONE APPLE PARK WAY
` CUPERTINO, California 95014
` United States
`
`The email address is trademarkdocket@apple.com; laperle@apple.com
`
`SIGNATURE(S)
`Response Signature
`Signature: /Thomas R. La Perle/ Date: 09/10/2019
`Signatory's Name: Thomas R. La Perle
`Signatory's Position: Attorney of record, California bar member
`
`Signatory's Phone Number: 408-974-2385
`
`The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a
`U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or
`an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated
`with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a
`signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder
`has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of
`attorney appointing him/her as an associate attorney in this matter.
`
`Mailing Address: THOMAS R. LA PERLE
` APPLE INC.
` MS: 169-3IPL
` ONE APPLE PARK WAY
` CUPERTINO, California 95014
`Mailing Address: Thomas R. La Perle
` APPLE INC.
` MS: 169-3IPL
` ONE APPLE PARK WAY
` CUPERTINO, California 95014
`
`
`
`Serial Number: 88560204
`Internet Transmission Date: Tue Sep 10 15:46:37 EDT 2019
`TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201909101546373
`52756-88560204-6101027dab64ae83f40e48d9e
`4da1c946d14fcb36e26adf3f8465e8c58882a105
`1-N/A-N/A-20190910154303818845
`
`
`
`

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