Statement of Use

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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

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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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: M (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/86467064/large)
SERIAL NUMBER: 86467064



The applicant, Apple Inc., having an address of
      One Apple Park Way
      Cupertino, California 95014
      United States
      trademarkdocket@apple.com (authorized)
is submitting the following allegation of use information:

For International Class 009:
Current identification: Application development software; computer software used in developing other software applications; computer operating system software; application programming interface software for use in developing applications for execution on graphic processor units

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 07/11/2014, and first used in commerce at least as early as 07/11/2014, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) screen captures of Applicant's website where the mark is used in connection with software available for download by clicking on the "Metal" or "View Metal sample code" links and then "Devices and Commands" and other links in the "First Steps" section.
Specimen File1
Specimen File2
Specimen File3


For International Class 016:
Current identification: Printed publications, namely, books, periodicals, newsletters, directories, manuals, and handbooks in the field of computers, information technology, computer programming, computer software, computer games, and computer software and computer game development

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 035:
Current identification: Providing conferences for commercial purposes in the field of computers, information technology, computer programming, computer software, computer games, and computer software and computer game development

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 041:
Current identification: Providing education in the nature of training, classes, workshops, tutorials, and educational conferences in the field of computers, information technology, computer programming, computer software, computer games, and computer software and computer game development; providing electronic publications, and online library services, namely, books, periodicals, newsletters, directories, manuals, and handbooks in the field of computers, information technology, computer programming, computer software, computer games, and computer software and computer game development

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are either being permanently deleted or included in a Request to Divide: training, classes, workshops, and educational conferences; books, periodicals, newsletters, directories

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: Providing education in the nature of tutorials in the field of computers, information technology, computer programming, computer software, computer games, and computer software and computer game development; providing electronic publications, and online library services, namely, manuals and handbooks in the field of computers, information technology, computer programming, computer software, computer games, and computer software and computer game development
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 07/11/2014, and first used in commerce at least as early as 07/11/2014, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Screenshot depicting use of mark in connection with its applied-for services.
Specimen File1


For International Class 042:
Current identification: Computer programming; design and development of computer hardware and software; consulting services relating to the design, development, implementation, and use of computer hardware and software; consultation services related to the design and development of computer systems, databases and applications; providing information online relating to the design, development, implementation, and use of computer hardware and software; providing an online database featuring technical information regarding software development and programming

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 07/11/2014, and first used in commerce at least as early as 07/11/2014, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) screen captures of Applicant's website showing mark in use in relation to providing information online relating to the design, development, implementation, and use of computer hardware and software and "Learn more" links where Applicant provides further such information online.
Specimen File1
Specimen File2
Specimen File3


REQUEST TO DIVIDE
The applicant is requesting to divide the application and specifies the following:
The following good(s) or service(s) is/are now in use: Class 9; Providing education in the nature of tutorials in the field of computers, information technology, computer programming, computer software, computer games, and computer software and computer game development; providing electronic publications, and online library services, namely, manuals and handbooks in the field of computers, information technology, computer programming, computer software, computer games, and computer software and computer game development (Class 41); and Class 42
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Class 16 and Class 35

A fee payment in the amount of $300 will be submitted with the form, representing payment for the allegation of use for 3 classes.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the request to divide fee.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged 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.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Signature: /Scott Harlan/      Date Signed: 06/15/2018
Signatory's Name: Scott Harlan
Signatory's Position: Attorney of Record, District of Columbia bar member
Signatory's Phone: 669-227-0799

Request to Divide Signature


Signature: /Scott Harlan/    Date: 06/15/2018
Signatory's Name: Scott Harlan
Signatory's Position: Attorney of record, District of Columbia bar member

Signatory's Phone: 669-227-0799


RAM Sale Number: 86467064
RAM Accounting Date: 06/18/2018

Serial Number: 86467064
Internet Transmission Date: Fri Jun 15 15:11:29 EDT 2018
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XXX-201806151511293
31420-86467064-610365c544f21e16baca62a8b
3cbe3df6e1677950bdbcffe8358a74d834af4c-D
A-1580-20180615135858638105