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) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88463320 |
LAW OFFICE ASSIGNED |
LAW OFFICE 117 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88463320/mark.png |
LITERAL ELEMENT |
ARCADE |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of a design of an apple with a bite removed before the word "Arcade". |
OWNER SECTION (current) |
NAME |
Apple Inc. |
STREET |
One Apple Park Way |
CITY |
Cupertino |
STATE |
California |
ZIP/POSTAL CODE |
95014 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
OWNER SECTION (proposed) |
NAME |
Apple Inc. |
STREET |
One Apple Park Way |
CITY |
Cupertino |
STATE |
California |
ZIP/POSTAL CODE |
95014 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
EMAIL |
appletrademarks@apple.com |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
design and development of computer hardware, software, peripherals, and computer and video games; computer hardware and software
consulting services; computer programming; providing online non-downloadable software |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
20181023 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Liechtenstein |
FOREIGN FILING DATE |
12/07/2018 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
042 |
TRACKED TEXT DESCRIPTION |
design and development of computer hardware, software, peripherals, and computer and video games; computer hardware and software consulting services; computer programming; providing online non-downloadable software; providing online non-downloadable video game software; providing online non-downloadable computer game software; providing online non-downloadable development software; providing online non-downloadable application development software |
FINAL DESCRIPTION |
design and development of computer hardware, software, peripherals, and computer and video games; computer hardware and software
consulting services; computer programming; providing online non-downloadable software; providing online non-downloadable video game software; providing online non-downloadable computer game software;
providing online non-downloadable development software; providing online non-downloadable application development software |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
20181023 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Liechtenstein |
FOREIGN FILING DATE |
12/07/2018 |
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. |
ADDITIONAL STATEMENTS SECTION |
DISCLAIMER |
No claim is made to the exclusive right to use ARCADE apart from the mark as shown. |
ATTORNEY INFORMATION (current) |
NAME |
Thomas R. La Perle |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
APPLE INC. |
INTERNAL ADDRESS |
MS: 169-3IPL |
STREET |
ONE APPLE PARK WAY |
CITY |
CUPERTINO |
STATE |
California |
POSTAL CODE |
95014 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
EMAIL |
trademarkdocket@apple.com |
ATTORNEY INFORMATION (proposed) |
NAME |
Thomas R. La Perle |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
APPLE INC. |
INTERNAL ADDRESS |
MS: 169-3IPL |
STREET |
ONE APPLE PARK WAY |
CITY |
CUPERTINO |
STATE |
California |
POSTAL CODE |
95014 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
EMAIL |
trademarkdocket@apple.com |
CORRESPONDENCE INFORMATION (current) |
NAME |
THOMAS R. LA PERLE |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
trademarkdocket@apple.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
laperle@apple.com; karenmarie@apple.com |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Thomas R. La Perle |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
trademarkdocket@apple.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
laperle@apple.com; karenmarie@apple.com |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Karen Marie Kitterman/ |
SIGNATORY'S NAME |
Karen Marie Kitterman |
SIGNATORY'S POSITION |
Attorney of Record, California Bar member |
SIGNATORY'S PHONE NUMBER |
669-227-7171 |
DATE SIGNED |
03/03/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Mar 03 19:07:33 ET 2020 |
TEAS STAMP |
USPTO/ROA-XXXX:XXX:X:XXXX
:XXXX:XXXX:XXXX:XXXX-2020
0303190733717519-88463320
-7108346eb292e098c8baab58
d2941bcd35c82cd14dfde6448
d239164c4d69f9f61-N/A-N/A
-20200303184709383417 |
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) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
88463320 ARCADE (Stylized and/or with Design, see http://uspto.report/TM/88463320/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 042 for design and development of computer hardware, software, peripherals, and computer and video games; computer hardware and software consulting services; computer
programming; providing online non-downloadable software
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 20181023 filed 12/07/2018]. 15 U.S.C.Section 1126(d), as
amended.
Proposed:
Tracked Text Description: design and development of computer hardware, software, peripherals, and computer and video games;
computer hardware and
software consulting services;
computer programming;
providing online non-downloadable software;
providing
online non-downloadable video game software;
providing online non-downloadable computer game software;
providing online
non-downloadable development software;
providing online non-downloadable application development softwareClass 042 for design and development of computer
hardware, software, peripherals, and computer and video games; computer hardware and software consulting services; computer programming; providing online non-downloadable software; providing online
non-downloadable video game software; providing online non-downloadable computer game software; providing online non-downloadable development software; providing online non-downloadable application
development software
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 20181023 filed 12/07/2018]. 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.
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Apple Inc., a corporation of California, having an address of
One Apple Park Way
Cupertino, California 95014
United States
Proposed: Apple Inc., a corporation of California, having an address of
One Apple Park Way
Cupertino, California 95014
United States
Email Address: appletrademarks@apple.com
The owner's/holder'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
United States
The email address is trademarkdocket@apple.com
The owner's/holder's proposed attorney information: Thomas R. La Perle. Thomas R. La Perle of APPLE INC., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, 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.
Correspondence Information (current):
THOMAS R. LA PERLE
PRIMARY EMAIL FOR CORRESPONDENCE: trademarkdocket@apple.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): laperle@apple.com; karenmarie@apple.com
Correspondence Information (proposed):
Thomas R. La Perle
PRIMARY EMAIL FOR CORRESPONDENCE: trademarkdocket@apple.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): laperle@apple.com; karenmarie@apple.com
Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all
official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use ARCADE apart from the mark as shown.
SIGNATURE(S)
Response Signature
Signature: /Karen Marie Kitterman/ Date: 03/03/2020
Signatory's Name: Karen Marie Kitterman
Signatory's Position: Attorney of Record, California Bar member
Signatory's Phone Number: 669-227-7171
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: 88463320
Internet Transmission Date: Tue Mar 03 19:07:33 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXX:X:XXXX:XXXX:XXXX:XXXX
:XXXX-20200303190733717519-88463320-7108
346eb292e098c8baab58d2941bcd35c82cd14dfd
e6448d239164c4d69f9f61-N/A-N/A-202003031
84709383417