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 02/28/2021)

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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 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88330548

Filing Date: 03/07/2019

To the Commissioner for Trademarks:

MARK: EVERYONE CAN CREATE (Standard Characters, see mark)
The literal element of the mark consists of EVERYONE CAN CREATE.
The mark consists of standard characters, without claim to any particular font style, size, or color.

The applicant, Apple Inc., a corporation of California, having an address of
      One Apple Park Way
      Cupertino, California 95014
      United States
      XXXX (not authorized)

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 electronic books, coursebooks, teacher guides, and tutorials in the fields of drawing, photography, music, and video

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 10/04/2018, and first used in commerce at least as early as 10/04/2018, 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) Screenshot of Applicant's webpage showing the mark in connection with the goods with a link to download the applied-for goods.
Specimen File1

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 75885, filed 09/14/2018.
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 application should not be suspended to await the submission of the foreign registration.


       International Class 041:  Providing seminars, workshops, classes, and training in the fields of drawing, photography, music, and video

In International Class 041, 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 10/04/2018, and first used in commerce at least as early as 10/04/2018, 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) Screenshot of Applicant's webpage showing use of the mark in advertising for the applied-for services.
Specimen File1

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 75885, filed 09/14/2018.
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 application should not be suspended to await the submission of the foreign registration.


       International Class 042:  Providing computer software information online; support and consultation services for use of computer hardware and software

In International Class 042, 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 03/29/2018, and first used in commerce at least as early as 03/29/2018, 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) Screenshot of Applicant's webpage showing use of the mark in connection with the applied-for services.
Specimen File1
Specimen File2
Specimen File3

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 75885, filed 09/14/2018.
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 application should not be suspended to await the submission of the foreign registration.



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

The applicant's current Correspondence Information:

Thomas R. La Perle

Apple Inc.

MS: 169-3IPL       One Apple Park Way

Cupertino, California 95014

trademarkdocket@apple.com;sharlan@apple.com;idotcheva@apple.com (authorized)

A fee payment in the amount of $1200 has been submitted with the application, representing payment for 3 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 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 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 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: /Scott Harlan/   Date: 03/07/2019
Signatory's Name: Scott Harlan
Signatory's Position: Attorney of Record, District of Columbia bar member
Payment Sale Number: 88330548
Payment Accounting Date: 03/08/2019

Serial Number: 88330548
Internet Transmission Date: Thu Mar 07 18:43:37 EST 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2019030718433769
2236-88330548-620692590b98a28bbf1fe62839
c8f09e9cf6faef83f679fd166dc8b56ac696d-DA
-5034-20190307180522029469