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 02/28/2018)

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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 02/28/2018)

Trademark/Service Mark Application, Principal Register

Serial Number: 87401629

Filing Date: 04/06/2017

To the Commissioner for Trademarks:

MARK: MUSIC (stylized and/or with design, see mark)

The literal element of the mark consists of MUSIC.
The applicant is not claiming color as a feature of the mark. The mark consists of the design of an apple with a bite removed and the word "MUSIC".
The applicant, Apple Inc., a corporation of California, having an address of
      1 Infinite Loop
      Cupertino, California 95014
      United States

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 025:  Clothing, namely, shirts, t-shirts, sweatshirts and jackets; headgear, namely, hats and caps
Intent to Use: 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.

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 71091, filed 10/12/2016.
INTENT TO PERFECT 44(d) : At this time, the applicant does NOT intend to rely on §44(e) as a basis for registration, but wishes only to assert a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.




Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 1400442, 3070035, 4929159, and others.

The applicant's current Attorney Information:
      Thomas R. La Perle and All attorneys in the Trademark Group of Apple Inc.
      MS: 169-3IPL
      1 Infinite Loop
      Cupertino, California 95014
      United States
      trademarkdocket@apple.com (authorized)

The applicant's current Correspondence Information:

Thomas R. La Perle

Apple Inc.

MS: 169-3IPL       1 Infinite Loop

Cupertino, California 95014

trademarkdocket@apple.com;laperle@apple.com; karenk@apple.com (authorized)

A fee payment in the amount of $400 has been submitted with the application, representing payment for 1 class(es).

Declaration

	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 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 The facts set forth in the application are true. 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 on or in connection with the goods/services in the application; and The facts set forth in the application are true.
	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 that all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Thomas R. La Perle/   Date: 04/06/2017
Signatory's Name: Thomas R. La Perle
Signatory's Position: Attorney of Record, California bar member
Payment Sale Number: 87401629
Payment Accounting Date: 04/07/2017

Serial Number: 87401629
Internet Transmission Date: Thu Apr 06 17:17:28 EDT 2017
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201704061717289
09007-87401629-58056d5cf94f45cba5a1b8f16
5b30c45d89afe08736f16fdc75e23d6be3e5e791
-DA-4021-20170406170513115617