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: 90457391

Filing Date: 01/10/2021

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The color(s) red, white is/are claimed as a feature of the mark. The mark consists of a red square with rounded corners with a white stylized design of a musical note in the center.
The applicant, Apple Inc., a corporation of California, having an address of
      One Apple Park Way
      Cupertino, California 95014
      United States
      XXXX

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; broadcasting and transmission of radio and television programs; presentation services, namely, broadcasting of radio programs, television programs and sound recordings; streaming of audio material, namely, music, via the internet; broadcasting and streaming subscription radio program featuring music

In International Class 038, 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 11/12/2020, and first used in commerce at least as early as 11/12/2020, 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) screen capture of advertising showing use of the registered mark for the recited services.

Original PDF file:
SPE0-260017023c809e2099b6 c9a0a7b47653-202101101952 11996157_._Specimen_Music _Note_Class_38_41_2021-01 -08_at_4.42.35_PM.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-260017023c809e2099b6 c9a0a7b47653-202101101952 11996157_._Specimen_Music e_Note_Class_38_41__2021- 01-08_at_4.52.11_PM.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-260017023c809e2099b6 c9a0a7b47653-202101101952 11996157_._Specimen_Music _Note_Class_38_41_2021-01 -08_at_4.52.42_PM.pdf
Converted PDF file(s) (1 page)
Specimen File1

Webpage URL: www.apple.com
Webpage Date of Access: 01/08/2021

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 80939, filed 07/17/2020.
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:  Entertainment services, namely, providing prerecorded audio and audiovisual content, information and commentary in the fields of music, concerts, videos, movies, television, and cultural events all online via a global computer network; providing radio, internet, and satellite music programming by means of telecommunications networks, computer networks, the Internet, satellite, radio, and wireless communication networks; arranging, organizing, conducting, and presenting concerts, live musical performances, entertainment special events in the nature of musical and cultural events; production and distribution of radio programs and sound recordings; entertainment services, namely, providing ongoing radio, audio programs, video programs, podcasts, and webcast programs in the field of entertainment; entertainment services, namely, providing streamed and downloadable audio and video content to users through a subscription service provided online via a communication network; providing non-downloadable audio and video programming featuring music

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 11/12/2020, and first used in commerce at least as early as 11/12/2020, 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) screen capture of advertising showing use of the registered mark for the recited services.

Original PDF file:
SPE0-1-260017023c809e2099 b6c9a0a7b47653-2021011019 5211996157_._Specimen_Mus ic_Note_Class_38_41_2021- 01-08_at_4.52.42_PM.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-1-260017023c809e2099 b6c9a0a7b47653-2021011019 5211996157_._Specimen_Mus ice_Note_Class_38_41__202 1-01-08_at_4.52.11_PM.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-1-260017023c809e2099 b6c9a0a7b47653-2021011019 5211996157_._Specimen_Mus ic_Note_Class_38_41_2021- 01-08_at_4.42.35_PM.pdf
Converted PDF file(s) (1 page)
Specimen File1

Webpage URL: www.apple.com
Webpage Date of Access: 01/08/2021

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 80939, filed 07/17/2020.
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.




Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4521983, 4119260, 5153440, and others.

Use of the mark in another form
The mark was first used anywhere in a different form other than that sought to be registered at least as early as 01/09/2001, and in commerce at least as early as 01/09/2001.


The owner's/holder's proposed attorney information: Thomas R. La Perle. Other appointed attorneys are All Attorneys in the Trademark Group. 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
      trademarkdocket@apple.com

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

PRIMARY EMAIL FOR CORRESPONDENCE: trademarkdocket@apple.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mtaylor@apple.com; vtom@apple.com; laperle@apple.com; keckhart@apple.com Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $700 has been submitted with the application, representing payment for 2 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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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: /Kimberly Eckhart/   Date: 01/10/2021
Signatory's Name: Kimberly Eckhart
Signatory's Position: Attorney of record, California Bar member
Signatory's Phone Number: 408-783-6811
Signature method: Signed directly within the form
Payment Sale Number: 90457391
Payment Accounting Date: 01/11/2021

Serial Number: 90457391
Internet Transmission Date: Sun Jan 10 20:11:35 ET 2021
TEAS Stamp: USPTO/BAS-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20210110201135422347-90457391-
760a8cb48c0bf9ea81f85f2974e5e65101277b1c
c9cbdb8d3111ef895833-DA-11340728-2021011
0195211996157