Statement of Use

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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

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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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: WATCH (Stylized and/or with Design, see http://uspto.report/TM/86390778/mark.png)
SERIAL NUMBER: 86390778



The applicant, Apple Inc., having an address of
      One Apple Park Way
      Cupertino, California 95014
      United States
is submitting the following allegation of use information:

For International Class 009:
Current identification: Computers; computer peripheral devices; computer hardware; personal digital assistants; electronic personal organizers; electronic notepads; sound recording and sound reproducing apparatus; MP3 and other digital format audio players; digital audio recorders; radios, radio transmitters, and receivers; audio speakers; microphones; audio components and accessories, namely, microphones and speakers sold as component features of computers; network communication apparatus, namely, mobile and wearable digital electronic devices for the sending and receiving of text, data, audio, image, and video files across networks; electronic communication equipment and instruments, namely, mobile and wearable digital electronic devices for sending and receiving of text, data, audio, image, and video files; telecommunications apparatus and instruments, namely, speakers and microphones sold as component features of computers, mobile and wearable digital electronic devices for the sending and receiving of telephone calls, text messages, electronic mail, and other digital data, and for use in providing access to the internet; global positioning system (GPS) devices; telephones; wireless communication devices for voice, data or image transmission; cables, namely, charging cables; apparatus for data storage, namely, mobile and wearable digital electronic devices for the storage of text, data, audio, image, and video files; cameras; batteries; computer software for recording, organizing, transmitting, manipulating, and reviewing text, data, audio, image and video files; computer software for accessing, browsing and searching online databases; computer software and firmware, namely, operating system programs, database synchronization software, data synchronization programs, and application development computer software programs for personal and wearable wireless communication devices; computer software for the redirection of messages, Internet e-mail, and/or other data to one or more electronic wearable wireless communication devices from a data store on or associated with a personal computer or a server; software for the synchronization of data between a remote station or device and a fixed or remote station or device; computer application software for use in connection with configuring and controlling wearable computer hardware and wearable computer peripherals; computer software for use in contactless transactions with retailers, merchants, and vendors via mobile devices used to process payments; computer software for monitoring, processing, displaying, storing and transmitting data relating to a user's physical activity; computer software for managing information regarding tracking, compliance and motivation with a health and fitness program; computer game software and electronic games software; electrical and electronic connectors, electric wires, battery chargers, docks, electronic docking stations, interfaces for computers, and adapters for use with all of the aforesaid goods; computer peripheral equipment for use with all of the aforesaid goods; electronic apparatus with multimedia functions for use with all of the aforesaid goods, namely, mobile and wearable digital electronic devices for recording, organizing, transmitting, manipulating, and reviewing text, data, audio, image and video files; electronic apparatus with interactive functions for use with all of the aforesaid goods, namely, pedometers, altimeters, scales and body weighing scales, multifunctional electronic devices for displaying, measuring, and transmitting information including, time, date, heart rate, global positioning, direction, distance, altitude, speed, steps taken, calories burned, navigational information, weather information, temperature, changes in heart rate, and activity level, sensors for scientific use to be worn by a human to gather human biometric data, mobile and wearable digital electronic devices for recording, organizing, transmitting, manipulating, and reviewing text, data, audio, image and video files; accessories, parts, fittings, and testing apparatus for all of the aforesaid goods, namely, microphones and speakers sold as component features of computers, power adapters and charging cables; covers, bags and cases specially adapted or shaped to contain all of the aforesaid goods

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are permanently deleted: audio components and accessories, namely, microphones and speakers sold as component features of computers; cameras; and application development computer software programs for personal and wearable wireless communication devices; computer software for use in contactless transactions with retailers, merchants, and vendors via mobile devices used to process payments; scales and body weighing scales; accessories, parts, fittings, and testing apparatus for all of the aforesaid goods, namely, microphones and speakers sold as component features of computers, power adapters and charging cables; covers, bags and cases specially adapted or shaped to contain all of the aforesaid goods

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: Computers; computers, namely, smartwatches; computer peripheral devices; computer hardware; computer hardware for use in measuring heart rhythm; computer hardware for use in taking electrocardiograms; personal digital assistants; electronic personal organizers; electronic notepads; sound recording and sound reproducing apparatus; MP3 and other digital format audio players; digital audio recorders; radios, radio transmitters, and receivers; audio speakers sold as component features of computers; microphones sold as component features of computers; network communication apparatus, namely, mobile and wearable digital electronic devices for the sending and receiving of text, data, audio, image, and video files across networks; electronic communication equipment and instruments, namely, mobile and wearable digital electronic devices for sending and receiving of text, data, audio, image, and video files; telecommunications apparatus and instruments, namely, speakers and microphones sold as component features of computers, mobile and wearable digital electronic devices for the sending and receiving of telephone calls, text messages, electronic mail, and other digital data, and for use in providing access to the internet; global positioning system (GPS) devices; telephones; wireless communication devices for voice, data or image transmission; cables, namely, charging cables; apparatus for data storage, namely, mobile and wearable digital electronic devices for the storage of text, data, audio, image, and video files; batteries sold as component features of computers; computer software for recording, organizing, transmitting, manipulating, and reviewing text, data, audio, image and video files; computer software for accessing, browsing and searching online databases; computer software and firmware, namely, operating system programs, database synchronization software, and data synchronization programs; computer software for the redirection of messages, Internet e-mail, and/or other data to one or more electronic wearable wireless communication devices from a data store on or associated with a personal computer or a server; software for the synchronization of data between a remote station or device and a fixed or remote station or device; computer application software for use in connection with configuring and controlling wearable computer hardware and wearable computer peripherals; computer software for monitoring, processing, displaying, storing and transmitting data relating to a user's physical activity; computer software for managing information regarding tracking, compliance and motivation with a health and fitness program; computer game software and electronic games software; electrical and electronic connectors, electric wires, battery chargers, docks, electronic docking stations, interfaces for computers, and adapters for use with all of the aforesaid goods; computer peripheral equipment for use with smartwatches, namely smartwatch bands and smartwatch straps; electronic apparatus with multimedia functions for use with all of the aforesaid goods, namely, mobile and wearable digital electronic devices for recording, organizing, transmitting, manipulating, and reviewing text, data, audio, image and video files; electronic apparatus with interactive functions for use with all of the aforesaid goods, namely, pedometers, altimeters, multifunctional electronic devices for displaying, measuring, and transmitting information including, time, date, heart rate, global positioning, direction, distance, altitude, speed, steps taken, calories burned, navigational information, weather information, temperature, changes in heart rate, and activity level; sensors for scientific use to be worn by a human to gather human biometric data, mobile and wearable digital electronic devices for recording, organizing, transmitting, manipulating, and reviewing text, data, audio, image and video files
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 09/09/2014, and first used in commerce at least as early as 04/10/2015, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) screen captures of Applicant's website where mark is displayed with goods at point of sale (see "Buy" button in upper right corners of specimens)..
Specimen File1
Specimen File2


The applicant is not filing a Request to Divide with this Allegation of Use form.
A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization 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.

Signature: /Thomas R. La Perle/      Date Signed: 10/26/2018
Signatory's Name: Thomas R. La Perle
Signatory's Position: Attorney of record, California bar member
Signatory's Phone: 408-253-0186

RAM Sale Number: 86390778
RAM Accounting Date: 10/29/2018

Serial Number: 86390778
Internet Transmission Date: Fri Oct 26 17:06:47 EDT 2018
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.X-20181026170647320
534-86390778-610d2c918f1fbd7e407fcd1cc04
ff1bc9bffbd0c3855ff98ac6a874d752b9ffbc-D
A-4327-20181026165716446823