Application

PTO- 1478

Approved for use through 07/31/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

---

PTO- 1478

Approved for use through 07/31/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 90827178

Filing Date: 07/14/2021

To the Commissioner for Trademarks:

MARK: UP NEXT (stylized and/or with design, see mark)
The literal element of the mark consists of UP NEXT. The applicant is not claiming color as a feature of the mark. The mark consists of the words UP NEXT, the letter X is flanked by two small triangles on the left and four small triangles on the right creating the impression of one negative space arrow on the left and three negative space arrows on the right.
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:  streaming of data; streaming of audio and video material on the Internet featuring performances, documentaries, music, and interviews featuring musical artists; streaming of audio and visual content featuring musical artists; audio and video broadcasting services over the Internet featuring performances, documentaries, music, and interviews featuring musical artists; audio broadcasting and video broadcasting featuring musical artists; delivery of digital music by electronic transmission

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 01/14/2020, and first used in commerce at least as early as 01/14/2020, 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 from the Applicant's website showing the mark used in connection with the Applicant's services.

Original PDF file:
SPE0-260164643808ed06467e 29a656b87e9-2021071323005 0497043_._UP_NEXT__US__Cl ass_38_specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://music.apple.com/us/playlist/up-next/pl.5cb9c0f3ca9d4fc1bccbaf67ca6201e7?ign-itscg=10000&ign-itsct=330
Webpage Date of Access: 07/13/2021

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 82745, filed 02/23/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.





For informational purposes only, applicant's website address is: www.apple.com

The owner's/holder's proposed attorney information: 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
      One Apple Park Way
      Cupertino, California 95014
      United States
      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.

The applicant's current Correspondence Information:

Thomas R. La Perle

PRIMARY EMAIL FOR CORRESPONDENCE: trademarkdocket@apple.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): egiacoppo@apple.com; vtom@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 $350 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: /Erin Giacoppo/   Date: 07/13/2021
Signatory's Name: Erin Giacoppo
Signatory's Position: Attorney of record, California Bar member
Signatory's Phone Number: 408-862-0829
Signature method: Sent to third party for signature
Payment Sale Number: 90827178
Payment Accounting Date: 07/14/2021

Serial Number: 90827178
Internet Transmission Date: Wed Jul 14 01:44:38 ET 2021
TEAS Stamp: USPTO/BAS-XXXX:XXX:XXXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20210714014438728934-90827178-7
8016e938e56e3df5c54ae73fa5ec410fd59bb64c
a421df706a73b5e1f649dfb-DA-44384575-2021
0713230050497043