Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1156511
`08/30/2021
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Opposer Information
`
`Name
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`Apple Inc.
`
`08/29/2021
`
`ONE APPLE PARK WAY
`CUPERTINO, CA 95014
`UNITED STATES
`
`WILLIAM M. BRYNER
`KILPATRICK TOWNSEND & STOCKTON LLP
`1001 WEST FOURTH STREET
`WINSTON-SALEM, NC 27101
`UNITED STATES
`Primary Email: bbryner@kilpatricktownsend.com
`Secondary Email(s): bbryner@kilpatricktownsend.com,
`jpetersen@kilpatricktownsend.com, HYang@kilpatricktownsend.com, Agar-
`cia@kilpatricktownsend.com, tmadmin@Kilpatricktownsend.com
`336-607-7300
`
`Docket Number
`
`Applicant Information
`
`Application No.
`
`90056916
`
`Publication date
`
`03/02/2021
`
`Opposition Filing
`Date
`
`Applicant
`
`08/30/2021
`
`Opposition Peri-
`od Ends
`
`08/29/2021
`
`Silver Apple, Inc.
`1000 W. WALLINGS ROAD, SUITE A
`BROADVIEW HEIGHTS, OH 44147
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 035. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Analyzing and compiling business data for
`business industry engagement; promoting collaboration within the business andeducation communit-
`ies to achieve advances in the education and character-building of students at the Elementary
`throughHigh School level
`
`Class 041. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Education services, namely, training edu-
`cators in the field of science, technology, research, engineering, art, and mathematics (STREAM)
`curriculum, leveragingthe power of business as a force function to influence the learning paradigm,
`creating relevant, applied learning through a problem-based methodology which introduces ethics, in-
`tegrity and character building for sustainable transformation;membership club services, namely,
`
`

`

`providing training to member educators and offering classes, seminars, and symposiumsto members,
`all in the field of teaching methods; business education and training services in the nature of sustain-
`ableprogram development by providing case studies, problems and scenarios from industry engage-
`ment, and data analysis
`
`Class 042. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Research and development of advanced
`learning technologies and teaching methods; providing case studies, problems and scenarios from in-
`dustry engagement, and data analysis for program refinement in the field of new product develop-
`ment
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Dilution by blurring
`
`Other
`
`Trademark Act Sections 2 and 43(c)
`
`common law rights.
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`4088195
`
`Registration Date
`
`01/17/2012
`
`Word Mark
`
`Design Mark
`
`APPLE
`
`Application Date
`
`03/22/2008
`
`Foreign Priority
`Date
`
`09/28/2007
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 1981/03/01 First Use In Commerce: 1981/03/01
`Education and training services, namely, arranging and conducting personal
`training, classes, workshops, conferences and seminars in the field of com-
`puters, computer software, online services, information technology, website
`design, and consumer electronics; arranging professional workshop and training
`courses; computer education training services; trainingin the use and operation
`of computers, computer software and consumer electronics; online journals,
`namely, blogs featuring general interest topics covering a wide variety of topics
`and subject matter; providing on-line publications in thenature of magazines,
`newsletter and journals in the field of computers, computer software and con-
`sumer electronics; providing information, podcasts and webcasts in the field of
`entertainment via the Internet concerning movies, music, videos, television,
`sports, news, history, science, politics, comedy, children's entertainment, anima-
`tion, culture, and current events; digital video, audio and multimedia publishing
`services; providing entertainment information regarding movies, music, videos,
`television, sports, news, history, science, politics, comedy, children's entertain-
`ment, animation, culture, and current events; providing information, reviews and
`personalized recommendations of movies, music, videos, television, sports,
`news, history, science, politics, comedy, children's entertainment, animation, cul-
`ture, and current events in the field of entertainment; entertainment services,
`
`

`

`namely, production of live musical performances; entertainment services,
`namely, providing live musicalperformances online via a global computer net-
`work; rental of digital entertainment content in the nature of movies, music,
`videos, television, sports, news, history, science, politics, comedy, children's en-
`tertainment, animation, culture, and current events, by means of communica-
`tions networks, namely, provision of non-downloadable audio and audiovisual
`programs via an online video-on-demand service; providing a database of digital
`entertainment content in the nature of movies, music, videos, television, sports,
`news, history, science, politics, comedy,children's entertainment, animation, cul-
`ture, and current events via electroniccommunication networks; entertainment
`services, namely, providing prerecorded audio and audiovisual content, informa-
`tion and commentary in the fields of music,concerts, videos, movies, television,
`books, news, sports, games and cultural events all via a global computer net-
`work
`
`U.S. Registration
`No.
`
`3298028
`
`Registration Date
`
`09/25/2007
`
`Word Mark
`
`Design Mark
`
`NONE
`
`Application Date
`
`08/02/2006
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 1981/03/01 First Use In Commerce: 1981/03/01
`Arranging and conducting trade shows, and trade show expositions and exhibi-
`tions in the fields of computers, computer software, online services, information
`technology, and consumer electronics
`Class 041. First use: First Use: 1981/03/01 First Use In Commerce: 1981/03/01
`Education and training services, namely, conducting classes, workshops, con-
`ferences and seminars in the field of computers, computer software, online ser-
`vices,information technology, internet website design, video products and con-
`sumer electronics; arranging of exhibitions, seminars and conferences; arran-
`ging professional workshop and training courses; computer education training
`services; training in the use and operation of computers and computer software;
`providing a website for the uploading, sharing, viewingand posting of photo-
`
`

`

`graphs, digital images, movies, videos, online journals, namely web blogs in
`general interest fields, and other related multimedia entertainment materials
`over a global computer network; providing fitness and exercise facilities; Physic-
`al fitness consultationand instruction; providing on-line publications in the nature
`of newsletters inthe field of computers and education; providing information in
`the field of education via the internet; providing information in the field of enter-
`tainment viathe Internet concerning movies, music, videos, television, celebrit-
`ies, sports,news, history, science, politics, comedy, children's entertainment, an-
`imation, culture, current events
`
`U.S. Registration
`No.
`
`2808567
`
`Registration Date
`
`01/27/2004
`
`Application Date
`
`10/02/2002
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`APPLE
`
`NONE
`
`Class 042. First use: First Use: 1980/09/00 First Use In Commerce: 1980/09/00
`COMPUTER CONSULTATION, DESIGN, TESTING,RESEARCH AND ADVIS-
`ORY SERVICES; RESEARCH AND DEVELOPMENT OF COMPUTER HARD-
`WARE AND SOFTWARE; MAINTENANCE AND REPAIR OF COMPUTER
`SOFTWARE APPLICATIONS; UPDATING OF COMPUTER SOFTWARE;
`COMPUTER PROGRAMMING SERVICES; PROVIDING INFORMATION CON-
`CERNING COMPUTERS AND COMPUTER SOFTWARE OVER COMPUTER
`NETWORKS AND GLOBAL COMMUNICATION NETWORKS; [ COMPUTER
`SERVICES, NAMELY, HOSTING WEB SITES AND PROVIDING WEBSITE
`OPERATION AND MANAGEMENT SERVICES TO OTHERS; ] COMPUTER
`SERVICES, NAMELY, PROVIDING SEARCH ENGINES FOR OBTAINING
`DATA ON COMPUTER NETWORKS AND GLOBAL COMMUNICATION NET-
`WORKS; LEASING OF COMPUTERS, COMPUTER PERIPHERALS AND
`COMPUTER SOFTWARE
`
`U.S. Registration
`No.
`
`5341294
`
`Registration Date
`
`11/21/2017
`
`Word Mark
`
`Design Mark
`
`APPLE NEWS
`
`Application Date
`
`11/13/2015
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 042. First use: First Use: 2015/06/08 First Use In Commerce: 2015/09/16
`Computer services, namely, providing a user-customized feed of news, sports,
`weather, commentary, and other information, content from periodicals, blogs,
`and websites, and other text, audio, video, and multimedia content; providing
`search engines for obtaining data via the internet and other electronic commu-
`nications networks; providing online non-downloadable application development
`software, and technical support and consultation services for developing com-
`puter applications
`
`U.S. Registration
`No.
`
`3710912
`
`Application Date
`
`02/04/2008
`
`

`

`Registration Date
`
`11/17/2009
`
`Word Mark
`
`Design Mark
`
`APPLE STORE
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 037. First use: First Use: 2001/05/19 First Use In Commerce: 2001/05/19
`Maintenance, installation and repair ofcomputer hardware, computer peripher-
`alsand consumer electronic devices
`Class 038. First use: First Use: 2007/06/29 First Use In Commerce: 2007/06/29
`Technical consulting in the field of consumer electronics, namely, telephones,
`cellular telephones and wireless telecommunications devices; consulting ser-
`vicesin the field of selection, implementation and use of consumer electronic
`systems for others, namely, telecommunicationssystems featuring telephones,
`cellular telephones and wireless telecommunications devices
`Class 041. First use: First Use: 2001/05/19 First Use In Commerce: 2001/05/19
`Education and training services, namely, conducting classes, workshops, and
`seminars in the field of computers, computer software, online services, informa-
`tiontechnology, internet website design, music, photography and video products
`and consumer electronics; arranging professional workshop and training
`courses; computer education training services; training in the use and operation
`of computers, computer software and consumer electronics; entertainment ser-
`vices, namely, providing a facility for live concerts andspecial events in the
`nature of live musical performances; technical consultingin the field of consumer
`electronics, namely, audio, audiovisual and home and portable entertainment
`systems and devices; consulting services in the field of selection, implementa-
`tion and use of computer hardware, computer software and consumer electronic
`systems for others, namely, audio, audiovisual and home and portable entertain-
`ment systems and devices
`Class 042. First use: First Use: 2001/05/19 First Use In Commerce: 2001/05/19
`Technical support services, namely, troubleshooting computer hardware, com-
`puterperipheral, computer software and consumer electronic devices; installa-
`tion, updating, maintenance and repair of computer software; technical consult-
`ing in thefield of computers and computer-based consumer electronics; com-
`puter and consumer electronic diagnostic services; consulting services in the
`field of selection, implementation and use of computer hardware, computer soft-
`ware and computer-based consumer electronic systems for others; computer
`data recovery; consulting services in the field of selection, implementation and
`use of computer hardware and computer software for the operation of consumer
`electronic systems for othersin the nature of audio, audiovisual andhome and
`portable entertainment systemsand devices
`
`U.S. Registration
`No.
`
`6110765
`
`Application Date
`
`06/11/2019
`
`Registration Date
`
`07/28/2020
`
`Foreign Priority
`
`12/13/2018
`
`

`

`Word Mark
`
`Design Mark
`
`APPLE SEARCH ADS
`
`Date
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 2019/03/26 First Use In Commerce: 2019/03/26
`advertising, marketing, and promotion services; advertising and marketing con-
`sultation services, namely, providing assistance in the development of creative
`and strategic advertising and marketing for others; advertising and marketing
`consultation services, namely, providing assistance in the creation, transmission
`and management of advertising campaigns for others; advertising and marketing
`consultation services, namely, providing business and commercial information in
`the field of marketing and advertising over computer networks and global com-
`munication networks; business services, namely, providing information concern-
`ing creation, management, and optimization of advertising campaigns for others;
`business services, namely, dissemination of advertising for others via computer
`networks and global communication networks
`
`U.S. Registration
`No.
`
`6110768
`
`Registration Date
`
`07/28/2020
`
`Word Mark
`
`Design Mark
`
`SEARCH ADS
`
`Application Date
`
`06/11/2019
`
`Foreign Priority
`Date
`
`12/13/2018
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a design of an apple with a bite removed with the words
`"Search Ads".
`
`Class 035. First use: First Use: 2019/03/26 First Use In Commerce: 2019/03/26
`advertising, marketing, and promotion services; advertising and marketing con-
`sultation services, namely, providing assistance in the development of creative
`and strategic advertising and marketing for others; advertising and marketing
`consultation services, namely, providing assistance in the creation, transmission
`and management of advertising campaigns for others; advertising and marketing
`consultation services, namely, providing business and commercial information in
`the field of marketing and advertising over computer networks and global com-
`munication networks; business services, namely, providing information concern-
`ing creation, management, and optimization of advertising campaigns for others;
`business services, namely, dissemination of advertising for others via computer
`networks and global communication networks
`
`

`

`U.S. Registration
`No.
`
`3679056
`
`Registration Date
`
`09/08/2009
`
`Word Mark
`
`Design Mark
`
`NONE
`
`Application Date
`
`01/13/2009
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the design of an apple with a bite removed.
`
`Class 009. First use: First Use: 1977/01/31 First Use In Commerce: 1977/01/31
`Computers; computer hardware; computer peripherals; handheld computers;
`handheld mobile digital electronic devices for recording, organizing, transmitting,
`manipulating, and reviewing text, data, image, audio, and audiovisual files, for
`the sending and receiving of telephone calls, electronic mail, and other digital
`data, for use as a digital format audio player, handheld computer, personal digit-
`al assistant, electronic organizer, electronic notepad, camera, and global posi-
`tioning system (GPS) electronic navigation device; digital audio and video re-
`corders and players; personal digital assistants; electronic organizers; cameras;
`telephones; mobile phones; satellite navigational systems, namely, global posi-
`tioning systems (GPS); electronic navigational devices, namely, global position-
`ing satellite (GPS) based navigation receivers; computer game machines for use
`with external display screens, monitors, or televisions; a full line of accessories
`and parts for the aforementioned goods; stands, covers, cases, holsters, power
`adaptors, and wired and wireless remote controls for the aforementioned goods;
`computer memory hardware; computer disc drives; optical disc drives; computer
`networking hardware; computer monitors; flat panel display monitors; computer
`keyboards; computer cables; modems; computer mice; electronic docking sta-
`tions; set top boxes; batteries; battery chargers; electrical connectors, wires,
`cables, and adaptors; devices for hands-free use; headphones; earphones; ear
`buds; audio speakers; microphones; and headsets; a full line of computer soft-
`ware for business, home, education, and developer use; user manuals for use
`with, and sold as a unitwith, the aforementioned goods; downloadable audio and
`video files, movies, ring tones, video games, television programs, pod casts and
`audio books via the internet and wireless devices featuring music, movies,
`videos, television, celebrities, sports, news, history, science, politics, comedy,
`children's entertainment,animation, culture, current events and topics of general
`interest
`
`

`

`U.S. Registration
`No.
`
`3928818
`
`Registration Date
`
`03/08/2011
`
`Word Mark
`
`Design Mark
`
`APPLE
`
`Application Date
`
`05/03/2007
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 1976/04/01 First Use In Commerce: 1976/04/01
`Computer hardware; computer hardware, namely, server, desktop, laptop and
`notebook computers; computer memory hardware;computer disc drives; optical
`disc drives; computer hardware, software and computer peripherals for commu-
`nication between multiple computers and between computers and local and
`global computer networks; computer networking hardware; set top boxes; com-
`puter hardware and computer software for the reproduction, processing and
`streaming of audio, video and multimedia content; computer hardware and soft-
`ware for controlling the operation of audio and video devices and for view-
`ing,searching and/or playing audio, video, television, movies, photographs and
`other digital images, and other multimedia content; computer monitors; liquid
`crystal displays; flat panel display monitors;computer keyboards, cables, mo-
`dems; computer mice; electronic docking stations;stands specially designed for
`holding computer hardware and portable and handheld digital electronic
`devices; batteries; rechargeable batteries; battery chargers; battery packs;
`power adapters for computers; electrical connectors, wires, cables, and ad-
`aptors; wired and wireless remote controls for computers and portable and
`handheld digital electronic devices; headphones and earphones; stereo head-
`phones; in-ear headphones; microphones;audio equipment for vehicles, namely,
`MP3 players; sound systems comprising remote controls, amplifiers, loudspeak-
`ers and components thereof; audio recorders; radio receivers; radio transmitters;
`personal digital assistants; portable digital audio and video players; electronic
`organizers; cameras; telephones; mobile phones; videophones; computer gam-
`ing machines, namely, stand-alone video gaming machines; handheld and mo-
`bile digital electronic devices for the sending and receiving of telephone calls,
`electronic mail and other digital media; MP3 and otherdigital format audio and
`video players;portable and handheld digital electronic devices for recording, or-
`ganizing, transmitting, receiving, manipulating, playing and reviewing text, data,
`image, audio and video files; a full line of electronic and mechanical parts and
`fitting for portable and handheld digital electronic devices for recording, organiz-
`ing, transmitting, receiving, manipulating, playing and reviewing text, data, im-
`age, audio and video files, namely, headphones, microphones, remote controls,
`batteries, battery chargers, devices for hands-free use, keyboards, adapters;
`parts and accessories for mobile telephones, namely, mobile telephone covers,
`mobile telephone cases, mobile telephone covers madeof cloth or textile materi-
`als, mobile telephone batteries, mobile telephone battery chargers, headsets for
`mobile telephones, devices for hands-free use of mobile telephones; carrying
`cases, sacks, and bags, all for use with computers and portable and handheld
`
`

`

`digital electronicdevices; operating system programs; computer utility programs
`for computer operating systems; a full line of computer software for business,
`home, education, and developer use; computer software for use in organizing,
`transmitting, receiving, manipulating, playing and reviewing text, data, image,
`audio, and video files; computer programs for personal information manage-
`ment; database management software; character recognition software; electron-
`ic mail and messaging software; telecommunications software for connecting
`wireless devices, mobile telephones, handheld digital electronic devices, com-
`puters, laptop computers, computer network users, global computer networks;
`database synchronization software; computer programs for accessing, browsing
`and searching online databases; computer software to develop other computer
`software; computer software for use as a programming interface; computer soft-
`ware for use in network server sharing; local and widearea networking software;
`computer software for matching, correction, and reproduction of color; computer
`software for use in digital video and audio editing; computer software for use in
`enhancing text and graphics; computer software for use in font justification and
`font quality; computer software for use to navigate and search a global computer
`information network; computer software for use inword processing and database
`management; word processing software incorporatingtext, spreadsheets, still
`and moving images, sounds and clip art; computer software for use in authoring,
`downloading, transmitting, receiving, editing, extracting, encoding, decoding,
`playing, storing and organizing audio, video, still images and other digital media;
`computer software for analyzing and troubleshooting other computer software;
`computer graphics software; computer search engine software; website devel-
`opment software; computer software for remote viewing, remote control, com-
`munications and software distribution within personal computer systems and
`across computer networks; computer programs for file maintenance and data re-
`covery; computer software for recording and organizing calendars and sched-
`ules, to-do lists, and contact information; computer software for clock and alarm
`clock functionality; computer softwareand prerecorded computer programs for
`personal information management; electronic mail and messaging software;
`computerprograms for accessing, browsing and searching online databases;
`computer software and firmware for operating system programs; blank computer
`storage media; user manuals in electronically readable, machine readable or
`computer readable form for use with, and sold as a unit with,all the aforemen-
`tioned goods; instructional manuals packaged in association with the above
`
`U.S. Registration
`No.
`
`6147070
`
`Registration Date
`
`09/08/2020
`
`Word Mark
`
`Design Mark
`
`APPLE WATCH STUDIO
`
`Application Date
`
`02/24/2020
`
`Foreign Priority
`Date
`
`09/04/2019
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 2019/09/10 First Use In Commerce: 2019/09/10
`Providing consumer and commercial information in the field of computers, com-
`
`

`

`puter peripheral devices, and smartwatches over computer networks and global
`communication networks; retail store and online retail store services featuring
`computers, computer peripheral devices, and smartwatches which customers
`can purchase according to their specifications; retail store services provided via
`the Internet and other computer, electronic and communications networks fea-
`turing computers, computer peripheral devices, and smartwatches which cus-
`tomers can purchase according to their specifications; retail store services fea-
`turing computer, electronic and entertainment products, telecommunications
`equipment and other consumer electronics, computer software, and accessories
`for such products, provided via the Internet and other computer, electronic and
`communications networks; product demonstrations provided in-store and via
`global communications networks and other electronic and communications net-
`works; information, advisory and consultancy services relating to all the afore-
`said
`Class 042. First use: First Use: 2019/09/10 First Use In Commerce: 2019/09/10
`Providing online non-downloadable software for the purpose of allowing custom-
`ers to customize, design, and purchase computers, computer peripheral
`devices, andsmartwatches according to their specifications; providing online in-
`formation toindividual consumers regarding computerhardware and computer
`software; information, advisory and consultancy services relating to all the afore-
`said
`
`U.S. Registration
`No.
`
`4009791
`
`Registration Date
`
`08/09/2011
`
`Word Mark
`
`Design Mark
`
`APPLECARE
`
`Application Date
`
`06/16/2008
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 1992/12/31 First Use In Commerce: 1992/12/31
`Education services, namely, providing classes, [ seminars ] and online educa-
`tional programs and tutorials in the field of computer hardware, computer peri-
`pherals and computer software, and distribution of course material in connection
`therewith; training services in the field ofcomputer hardware, computer peripher-
`alsand computer software [ ; providing newsletters in the field of technical sup-
`port services for computer software via e-mail to read ]
`
`U.S. Registration
`No.
`
`3717431
`
`Registration Date
`
`12/01/2009
`
`Word Mark
`
`APPLECARE
`
`Application Date
`
`06/16/2008
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 042. First use: First Use: 1982/10/25 First Use In Commerce: 1982/10/25
`Technical support services, namely, troubleshooting of problems relating to
`computer hardware, computer peripherals, consumer electronic devices and
`computer software; providing technical support andtroubleshooting information
`via the Internet, voice telecommunications networksand on-site for fixing prob-
`lems relating to computer hardware, computer peripherals, computer software
`and consumer electronic devices; computer consultation, namely, services for
`optimizing the performance and functionality of computer hardware, computer
`peripherals, consumer electronic devices, computer software andcomputer net-
`works
`
`U.S. Registration
`No.
`
`5443302
`
`Registration Date
`
`04/10/2018
`
`Word Mark
`
`Design Mark
`
`TODAY AT APPLE
`
`Application Date
`
`09/13/2017
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 2017/05/21 First Use In Commerce: 2017/05/21
`Providing seminars, workshops, classes,and training in the fields of music, visu-
`al arts, design, photography, videography and filmmaking, business, educa-
`tion,robotics, and technology; providing seminars, workshops, classes, and
`training in the use and operation of computers, computer software, digital elec-
`tronic devices, and wearable electronics
`
`U.S. Registration
`No.
`
`5448031
`
`Registration Date
`
`04/17/2018
`
`Word Mark
`
`TODAY AT APPLE
`
`Application Date
`
`09/13/2017
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 042. First use: First Use: 2017/05/21 First Use In Commerce: 2017/05/21
`Consulting services in the selection and use of computers, computer software,
`handheld and wearable digital electronic devices, audio products, home automa-
`tionproducts, and other computer, electronic, and entertainment products
`
`U.S. Registration
`No.
`
`2926853
`
`Registration Date
`
`02/15/2005
`
`Word Mark
`
`Design Mark
`
`NONE
`
`Application Date
`
`08/16/2002
`
`Foreign Priority
`Date
`
`02/26/2002
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the design of an apple with a bite removed.
`
`Class 035. First use: First Use: 1983/00/00 First Use In Commerce: 1983/00/00
`analysis and consultation in the field of business information management,
`namely, the selection, adoption and operation of computers and computer in-
`formation management systems; providing information in the fields of business
`and commerceover computer networks and global communication networks;
`business services, namely, providing computer databases regarding the pur-
`chase and sale of a wide variety of products and services of others;business
`services, namely, dissemination of advertising for others via computernetworks
`
`

`

`and global communication networks; retail store services featuring computers,
`computer software, computer peripherals and consumer electronics, and
`demonstration of products relating thereto; online retail store services provided
`via computer networks and global communication networks featuring computers,
`computer software, computer peripherals andconsumer electronics, and demon-
`strationof products relating thereto
`Class 039. First use: First Use: 1985/00/00 First Use In Commerce: 1985/00/00
`computerized data storage services; data storage relating to business
`
`U.S. Registration
`No.
`
`2753069
`
`Registration Date
`
`08/19/2003
`
`Word Mark
`
`Design Mark
`
`NONE
`
`Application Date
`
`07/23/2002
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the design of an apple with a bite removed.
`
`Class 042. First use: First Use: 1980/09/00 First Use In Commerce: 1980/09/00
`[ Application service provider (ASP), namely, hosting computer software applica-
`tions of others; ]computer services, namely, displaying the [ web sites and ] im-
`ages of others on a computer server; computer diagnostic services; installation
`of computer software; updating of computer software; maintenance of computer
`software; computer hardware development; integration of computer systems and
`networks; monitoring the computer systems of others for technical purposes and
`providing back-up computer programs and facilities; computer consultation,
`design, and testing services; consulting services inthe field of design, selection,
`implementation and use of computer hardware andsoftware systems for others;
`computer data recovery; computer programming for others; research and devel-
`opment of computer hardware and software; website design, creation [ and host-
`ing services ] ; computer services, namely, designing [ and implementing ] web
`sites for others; computer services, namely, providing search engines for obtain-
`ing data on a global computer network; providing use of on-line non-
`downloadable software for communications via local or global communications
`networks, including the Internet, intranets, and extranets; computer consultation,
`namely, analyzing data to detect, eradicate, and prevent the occurrence of com-
`
`

`

`puter viruses; computer consultation, namely, services relating to the protection
`of computer hardware, computer software, computer networks and computer
`systems against computer viruses, attacks, or failures; computer consultation,
`namely, services for optimizing the performance and functionality of computer
`software and communications networks; technical support services, namely,
`troubleshooting of computers, computer software, telecommunications, and the
`Internet systems; leasing of computers, computer peripherals and computer
`software; leasing computer facilities; providing information in a wide variety of
`fields over computer networks and global communication networks; computer
`services, namely, creating indexes of information, web sites and other informa-
`tion sources available on computer networks; providing information concerning a
`wide range of text, electronic documents, databases, graphics and audiovisual
`information
`
`Attachments
`
`77428980#TMSN.png( bytes )
`78943482#TMSN.png( bytes )
`86819744#TMSN.png( bytes )
`77388365#TMSN.png( bytes )
`88468728#TMSN.png( bytes )
`88468785#TMSN.png( bytes )
`77648705#TMSN.png( bytes )
`77172511#TMSN.png( bytes )
`88807971#TMSN.png( bytes )
`77499837#TMSN.png( bytes )
`77499847#TMSN.png( bytes )
`87607048#TMSN.png( bytes )
`87607137#TMSN.png( bytes )
`78155188#TMSN.png( bytes )
`78146716#TMSN.png( bytes )
`NOO - SILVERAPPLE.pdf(777890 bytes )
`EXHIBIT 1.pdf(4924146 bytes )
`EXHIBIT 2.pdf(533843 bytes )
`EXHIBIT 3.pdf(4523688 bytes )
`EXHIBIT 4.pdf(4113012 bytes )
`EXHIBIT 5.pdf(4463796 bytes )
`EXHIBIT 6.pdf(434259 bytes )
`EXHIBIT 7.pdf(4257508 bytes )
`EXHIBIT 8.pdf(287941 bytes )
`EXHIBIT 9.pdf(4151353 bytes )
`EXHIBIT 10.pdf(1394984 bytes )
`EXHIBIT 11.pdf(1973746 bytes )
`EXHIBIT 12.pdf(5045154 bytes )
`EXHIBIT 13.pdf(4291517 bytes )
`
`Signature
`
`/William M. Bryner/
`
`Name
`
`Date
`
`William M. Bryner
`
`08/30/2021
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`Application Serial No. 90/056,916
`For the Mark: SILVERAPPLE
`Filed: July 16, 2020
`Published: March 2, 2021
`
`
`
`
`
`
`
`APPLE INC.,
`
`
`
` v.
`
`SILVER