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: 88746482

Filing Date: 01/03/2020

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The color(s) black, blue, purple, pink is/are claimed as a feature of the mark. The mark consists of a black square with rounded edges with a blue, purple, and pink stylized musical note in the center.
The applicant, Apple Inc., a corporation of California, having an address of
      One Apple Park
      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 application for access to audio, video, and multimedia content; computer software application for access to music programming and playlist service

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 11/20/2019, and first used in commerce at least as early as 11/20/2019, 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) screenshot of phone and computer software download service displaying mark for computer software.

Original PDF file:
SPE0-1721810353-20200103162100343079_._IMG_2471.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-1721810353-20200103162100343079_._image2020-01-03-090803.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3

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 78125, filed 07/05/2019.
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.


International Class 038:  broadcast and transmission of streamed music, audio, video, and multimedia content by means of radio, television, internet, and satellite for business use; transmission and delivery of digital music via telecommunications networks, computer networks, the Internet, satellite, radio, and wireless communications networks

In International Class 038, 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 11/20/2019, and first used in commerce at least as early as 11/20/2019, 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) screenshot of computer application download service displaying the mark.

Original PDF file:
SPE0-1-1721810353-20200103162100343079_._image2020-01-03-090803.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3

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 78125, filed 07/05/2019.
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.


International Class 041:  Production of programmed music and video displays for subscribers; audio and video recording and production services for others; music service, namely, providing specially programmed background non-downloadable music for retail establishments, public areas, and commercial establishments via telecommunications networks, computer networks, the Internet, satellite, radio, and wireless networks; musical, radio, television and video entertainment services, namely, custom arrangement and editing of music, audio and video programs; Custom music programming services

In International Class 041, 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 11/20/2019, and first used in commerce at least as early as 11/20/2019, 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) screenshot from computer application download service displaying mark.

Original PDF file:
SPE0-2-1721810353-20200103162100343079_._image2020-01-03-090803.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3

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 78125, filed 07/05/2019.
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.




Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5021538, 5277189, 4119260, and others.


The applicant hereby appoints 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
      4082530186(fax)
      trademarkdocket@apple.com (authorized).

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

Apple Inc.

MS: 169-3IPL       One Apple Park Way

Cupertino, California 95014

4082530186(fax)

trademarkdocket@apple.com; keckhart@apple.com; vtom@apple.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the email address provided in this application. I understand that a valid email 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 $825 has been submitted with the application, representing payment for 3 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: /Kimberly Eckhart/   Date: 01/03/2020
Signatory's Name: Kimberly Eckhart
Signatory's Position: Attorney of record, California Bar member
Payment Sale Number: 88746482
Payment Accounting Date: 01/03/2020

Serial Number: 88746482
Internet Transmission Date: Fri Jan 03 16:53:10 EST 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2020010316531084
8039-88746482-70020b86b63a6cbfa3d3813da4
2ef5da38a16065beb527a7d1a1d835cb5b75802-
DA-53109482-20200103162100343079