Application

PTO- 1478

Approved for use through 10/31/2024. OMB 0651-0009

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- 1478

Approved for use through 10/31/2024. OMB 0651-0009

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.

Trademark/Service Mark Application, Principal Register

Serial Number: 98044559

Filing Date: 06/15/2023

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The color(s) blue green, turquoise, and blue is/are claimed as a feature of the mark. The mark consists of a large blue green circle. Within the large circle are six overlapping circles arranged with two circles on top, two circles in middle, and two circles on bottom. The overlap of the six circles creates six pointed ovals that also overlap, creating six smaller elongated pointed ovals in the center. The overlapping circles and overlapping ovals are comprised of varying shades of turquoise and blue.
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 009:  Downloadable computer software for meditation, breathing exercises, mindfulness instruction, and promoting relaxation and well-being; downloadable computer software for providing reminders and tracking duration and frequency of meditation sessions and breathing exercises; downloadable computer software for tracking and displaying heart rate information during meditation sessions and breathing exercises; recorded computer software for meditation, breathing exercises, mindfulness instruction, and promoting relaxation and well-being; recorded computer software for providing reminders and tracking duration and frequency of meditation sessions and breathing exercises; recorded computer software for tracking and displaying heart rate information during meditation sessions and breathing exercises.

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) The specimen consists of a screenshot from Apple's App Store on the Apple Watch device showing the mark in use in connection with the applied-for software download page next to download button in the shape of a cloud with a downward arrow. A red circle has been added to highlight the download button..
Specimen File1
Webpage URL: http://apps.apple.com/us/app/breathe/id1459455352
Webpage Date of Access: 06/14/2023

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 88608, filed 02/03/2023.
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 owner's/holder's proposed attorney information: Thomas R. La Perle. Other appointed attorneys are All other attorneys in Apple Inc.'s Trademark Legal Group. Thomas R. La Perle, 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: 39-1IPL
      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): kkyang@apple.com; bryan_zhang@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: /Kelly Yang/   Date: 06/15/2023
Signatory's Name: Kelly Yang
Signatory's Position: Attorney of record, California Bar member
Signatory's Phone Number: 669-283-0388
Signature method: Signed directly within the form
Payment Sale Number: 98044559
Payment Accounting Date: 06/15/2023

Serial Number: 98044559
Internet Transmission Date: Thu Jun 15 15:51:11 ET 2023
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202306151551121
81098-98044559-8606f25735b79b4fe4d2a7dff
39d571f23571576e26b12ce9f917e2c7a4395f56
d-DA-51125749-20230615145149038569