TEAS RF New Application

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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88243417

Filing Date: 12/27/2018

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark)
The color(s) black, red, white and blue is/are claimed as a feature of the mark. The mark consists of a black square with rounded edges containing an image of a red, blue and white line graph.
The applicant, Apple Inc., a corporation of California, having an address of
      One Apple Park Way
      Cupertino, California 95014
      United States

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

       International Class 009:  Computer software for recording, editing, sharing, and playing voice memos; Computer software for recording, editing, managing, and sharing audio content, for use in connection with handheld mobile digital electronic devices, mobile phones, digital audio and video players, handheld computers, and tablet computers

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 09/17/2018, and first used in commerce at least as early as 09/17/2018, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Specimen consists of screen capture of Applicant's App Store marketplace showing mark as displayed where customers can obtain the applied for software (see download symbol highlighted by arrow)..
Specimen File1

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on Jamaica application number 75352, filed 06/28/2018.
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.




Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4521906.

The applicant's current Attorney Information:
      Thomas R. La Perle and All other attorneys in the Trademark Legal Department of Apple Inc.
      MS: 169-3IPL
      One Apple Park Way
      Cupertino, California 95014
      United States
      408-974-2385(phone)
      408-253-0186(fax)
      trademarkdocket@apple.com (authorized)

The applicant's current Correspondence Information:

Thomas R. La Perle

Apple Inc.

MS: 169-3IPL       One Apple Park Way

Cupertino, California 95014

408-974-2385(phone)

408-253-0186(fax)

trademarkdocket@apple.com;laperle@apple.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, 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 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.

Declaration Signature

Signature: /Thomas R. La Perle/   Date: 12/27/2018
Signatory's Name: Thomas R. La Perle
Signatory's Position: Attorney of Record, California bar member
Payment Sale Number: 88243417
Payment Accounting Date: 12/28/2018

Serial Number: 88243417
Internet Transmission Date: Thu Dec 27 20:18:43 EST 2018
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.X-20181227201843358
813-88243417-6204e7743c0987ccd63de82b8c0
fb20ef3998525bae66479e3b9ba82d481cbdc141
-DA-5420-20181227194829005568