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: 90177282

Filing Date: 09/13/2020

To the Commissioner for Trademarks:

MARK: Apple Music 1 (Standard Characters, see mark)
The literal element of the mark consists of Apple Music 1. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Apple Inc., a corporation of California, having an address of
      One Apple Park Way
      Cupertino, California 95014
      United States
      XXXX

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 038:  broadcasting and transmission of voice, data, images, music, audio, video, multimedia, podcasts, and radio by means of telecommunications networks; broadcast and transmission of streamed music, audio, video, podcasts, and multimedia content by means of telecommunications networks; providing access to websites, databases, music, audio and video content programs on the Internet by means of telecommunications networks; streaming audio material on the internet; radio broadcasting

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 08/18/2020, and first used in commerce at least as early as 08/18/2020, 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 URL www.music.apple.com accessed Sept 11 2020.

Original PDF file:
SPE0-260017023c809e209427 1174b5833835-202009131758 05371773_._AM_1_Class_38.pdf
Converted PDF file(s) (1 page)
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 80120, filed 03/16/2020.
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.



Disclaimer
No claim is made to the exclusive right to use music apart from the mark as shown.

Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5209933, 6091840, 2079765, and others.


The owner's/holder's proposed attorney information: Thomas R. La Perle. Other appointed attorneys are All attorneys in the Trademark Group. 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
      laperle@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

PRIMARY EMAIL FOR CORRESPONDENCE: laperle@apple.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarkdocket@apple.com; keckhart@apple.com; karenmarie_kitterman@apple.com; mtaylor@apple.com Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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: 09/13/2020
Signatory's Name: Kimberly Eckhart
Signatory's Position: Attorney of record, California Bar member
Payment Sale Number: 90177282
Payment Accounting Date: 09/14/2020

Serial Number: 90177282
Internet Transmission Date: Sun Sep 13 18:14:26 ET 2020
TEAS Stamp: USPTO/BAS-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200913181426053675-90177282-
75073d9986febba7614bdb8ffd1537394a364ac2
24489d8f67b9d6f8bcd2a545-DA-14255639-202
00913175805371773