PR-Section 15

PTO Form 1573 (Rev 5/2006)

OMB No. 0651-0055 (Exp 07/31/2018)

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PTO Form 1573 (Rev 5/2006)

OMB No. 0651-0055 (Exp 07/31/2018)

Declaration of Incontestability of a Mark under Section 15

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 3317089
REGISTRATION DATE: 10/23/2007

MARK: APPLE

The owner, APPLE INC., a corporation of California, having an address of
      1 INFINITE LOOP
      CUPERTINO, California 95014
      United States
is filing a Declaration of Incontestability of its mark under Section 15.

For International Class 009, the owner, or its related company, has continuously used the mark in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and is still using the mark in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization listed in the existing registration for this class. Also, there has been no final decision adverse to the owner's claim of ownership of such mark for goods,services, and/or the collective membership organization or to the owner's right to register the same or to keep the same on the register; and, there is no proceeding involving said rights pending and not disposed of in either the U.S. Patent and Trademark Office or the courts. This statement is entirely true EXCEPT for the following goods or services:

audio tapes, video tapes, and interactive compact discs ; downloadable musical sound and video records; downloadable sound and video records featuring or relating to music, entertainment and films

The following is proposed as the complete final listing to which the Section 15 affidavit pertains: Musical sound records; sound records featuring entertainment; sound records featuring music, musicians, documentaries, biographies, interviews, performances, reviews, drama and fiction; musical video records; video records featuring entertainment; video records featuring music, musicians, caricatures, cartoons, animation, documentaries, biographies, interviews, performances, reviews, drama and fiction; cinematographic films; musical sound recordings; musical video recordings; audio and visual recordings featuring or relating to music, entertainment and films; pre-recorded compact discs, gramophone records, video discs, DVDs, CD-ROMs, all featuring or relating to music and films; digitally recorded sound and video records
The registrant's current Attorney Information: CHRISTOPHER LICK of  KILPATRICK TOWNSEND & STOCKTON LLP
      | 1114 Avenue of the Americas
      NEW YORK, New York (NY) 10036-7703
      United States


The registrant's proposed Attorney Information: Thomas R. La Perle of  Apple Inc.
      MS: 169-3IPL
      1 Infinite Loop
      Cupertino, California (CA) 95014
      United States


The registrant's current Correspondence Information: Jason M. Vogel of  KILPATRICK TOWNSEND & STOCKTON LLP
      | 1114 Avenue of the Americas
      NEW YORK, New York (NY) 10036-7703
      United States


The registrant's proposed Correspondence Information: Thomas R. La Perle of  Apple Inc.
      MS: 169-3IPL
      1 Infinite Loop
      Cupertino, California (CA) 95014
      United States



A fee payment in the amount of $200 will be submitted with the form, representing payment for 1 class(es).

Declaration


The mark has been in continuous use in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and is still in use in commerce. There has been no final decision adverse to the owner's claim of ownership of such mark, or to the owner's right to register the same or to keep the same on the register; and there is no proceeding involving said rights pending and not disposed of either in the U.S. Patent and Trademark Office or in the courts.

The undersigned being hereby warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of this document, declares that he/she is properly authorized to execute this document on behalf of the Owner; and all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.


Signature: /Thomas R. La Perle/      Date: 10/23/2013
Signatory's Name: Thomas R. La Perle
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: 408-974-2385

Mailing Address (current):
   KILPATRICK TOWNSEND & STOCKTON LLP
   | 1114 Avenue of the Americas
   NEW YORK, New York 10036-7703

Mailing Address (proposed):
   Apple Inc.
   1 Infinite Loop
   Cupertino, California 95014

Serial Number: 78430230
Internet Transmission Date: Wed Oct 23 15:11:20 EDT 2013
TEAS Stamp: USPTO/SECT15-XX.XXX.XXX.XXX-201310231511
20207099-3317089-500cc9b1f1d51b6667454ca
9482b1e9db7a3a7493fa0abb14ff5ae907095e66
c61-DA-1741-20131023135012719738