TEAS RF New 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: 88634555

Filing Date: 09/27/2019

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
      One Apple Park Way
      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 038:  Broadcasting and transmission of voice, data, images, music, audio, video, multimedia, television, and radio by means of telecommunications networks; broadcast and transmission of streamed music, audio, video, and multimedia content by means of telecommunications networks; transfer of music, audio, video, and multimedia to matched users by means of telecommunications networks; providing access to websites, databases, electronic bulletin boards, online forums, directories, music, and audio and video content programs on the Internet by means of telecommunications networks; broadcast and transmission of streamed music, audio, video, and multimedia content by means of radio, television, internet, and satellite for business use; streaming of data; streaming of audio and video material on the Internet featuring performances, documentaries, music, and interviews featuring musical artists; streaming of audio and visual content featuring musical artists; audio and video broadcasting services over the Internet featuring performances, documentaries, music, and interviews featuring musical artists; audio broadcasting and video broadcasting featuring musical artists; delivery of digital music by electronic transmission
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 77283, filed 03/27/2019.
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:  Arranging, organizing, conducting, and presenting concerts, live musical performances, entertainment special events in the nature of musical and cultural events, arts and cultural events, theatrical entertainment in the nature of live theatrical performances, and exhibitions for entertainment purposes; production and distribution of radio programs, television programs, and sound recordings; entertainment services, namely, providing ongoing television, radio, audio programs, video programs, podcasts, and webcast programs in the field of entertainment; providing audio and video programming featuring entertainment, sports, music, information, and news by means of telecommunications networks; entertainment services, namely, providing streamed and downloadable audio and video content to users through a subscription service provided online via a communication network; provision of live entertainment and recorded entertainment, namely, musical performances; providing non-downloadable audio and video programming featuring entertainment, sports, music, informational, and current events news programming; providing websites and computer applications featuring entertainment information, sports information, music information, news in the fields of music and entertainment, and arts and culture information; providing websites and computer applications featuring information in the field of entertainment, music, sports, news in the fields of music and entertainment, and arts and culture; entertainment services, namely, providing information, reviews and personalized recommendations of entertainment in the nature of music, arts and cultural events, concerts, live musical and cultural performances, fairs for entertainment purposes, music festivals for cultural or entertainment purposes, and exhibitions for entertainment purposes; entertainment services, namely, providing reviews, and ratings, and providing interactive websites and computer applications for entertainment purposes for the sharing of reviews, and ratings of users all relating to entertainment, art and cultural events, concerts, live musical performances, entertainment fairs, music festivals for cultural or entertainment purposes, and exhibitions for entertainment purposes; providing pre-recorded music, video programs, and graphics for use on mobile communications devices via a global computer network and wireless networks; providing a website for the uploading, storing, sharing and viewing and posting of images, audio, videos, podcasts, and multimedia content; publication of articles, all in the fields of music and entertainment; providing websites featuring non-downloadable publications in the nature of articles, all in the fields of music and entertainment; news reporting in the field of music and entertainment; production of programmed music and video displays for subscribers; audio and video recording and production services for others; music service, namely, providing specially programmed background non-downloadable music for retail establishments, public areas, and commercial establishments via telecommunications networks, computer networks, the Internet, satellite, radio, and wireless networks; musical, radio, television and video entertainment services, namely, custom arrangement and editing of music, audio and video programs; custom music programming services; entertainment services in the nature of development, creation, production, and distribution of musical artist video documentary series; entertainment services, namely, providing a website featuring on-line non-downloadable music, interviews, live music performances, and videos featuring musical artists; entertainment services, namely, a multimedia program series featuring musical artists distributed via various platforms across multiple forms of transmission media
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 77283, filed 03/27/2019.
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 online non-downloadable software for use in generating customized recommendations of audio, video, data, text and other multimedia content; providing online non-downloadable software for use in creating and sharing playlists of audio and multimedia files; providing online non-downloadable software for use in connection with an online music subscription service; providing online non-downloadable software for use in playing, organizing, downloading, transmitting, manipulating, and reviewing audio files and media files; providing online non-downloadable software for use in the delivery, distribution and transmission of digital music and entertainment-related audio, video, text and multimedia content; providing search engines for obtaining data via the internet and other electronic communications networks; computer services, namely, providing customized web pages and other data feed formats featuring a user-customized feed of information in the fields of news, commentary, and other information, content from periodicals, blogs, and websites, and other text, audio, video, and multimedia content; creating indexes of online information, sites and other resources available on global computer networks for others; information relating to computer hardware or software provided on-line from a global computer network or the Internet; electronic data storage services; providing a website featuring technology allowing the user to preview, view, upload, download, post, edit, store, share, purchase, and review images, audio, videos, publications, podcasts, and multimedia content
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 77283, filed 03/27/2019.
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.




Disclaimer
No claim is made to the exclusive right to use Music apart from the mark as shown.

Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5251657, 5209941, 5851764, and others.


The applicant hereby appoints Thomas R. La Perle. Other appointed attorneys are All other attorneys in the Trademark Legal Department. Thomas R. La Perle of Apple Inc., 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: 169-3IPL
      One Apple Park Way
      Cupertino, California 95014
      United States
      408-974-2385(phone)
      trademarkdocket@apple.com (authorized).

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

Apple Inc.

MS: 169-3IPL       One Apple Park Way

Cupertino, California 95014

408-974-2385(phone)

trademarkdocket@apple.com; laperle@apple.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the email address provided in this application. I understand that a valid email address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $825 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: /Thomas R. La Perle/   Date: 09/27/2019
Signatory's Name: Thomas R. La Perle
Signatory's Position: Attorney of record, California bar member
Payment Sale Number: 88634555
Payment Accounting Date: 09/27/2019

Serial Number: 88634555
Internet Transmission Date: Fri Sep 27 18:38:08 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201909271838080
59574-88634555-6101818c181303b6a452a3f2e
834a6a4f8f192e8122cf67e0b7f51245aeac1808
5-DA-38079319-20190927182841373022