Side - 1

NOTICE OF PUBLICATION UNDER 12(a)

MAILING DATE: Sep 8, 2010 PUBLICATION DATE: Sep 28, 2010

The mark identified below will be published in the Official Gazette on Sep 28, 2010. Any party who believes they will be damaged by registration of the mark may oppose its registration by filing an opposition to registration or a request to extend the time to oppose within thirty (30) days from the publication date on this notice. If no opposition is filed within the time specified by law, the USPTO may issue a Certificate of Registration. To view the Official Gazette online or to order a paper copy, visit the USPTO website at http://www.uspto.gov/web/trademarks/tmog/ any time within the five-week period after the date of publication. You may also order a printed version from the U.S. Government Printing Office (GPO) at http://bookstore.gpo.gov or 202-512-1800. To check the status of your application, go to http://tarr.uspto.gov/. SERIAL NUMBER: 85018959 MARK: Miscellaneous Design OWNER: Apple Inc. Side - 2
UNITED STATES PATENT AND TRADEMARK OFFICE COMMISSIONER FOR TRADEMARKS P.O. BOX 1451 ALEXANDRIA, VA 22313-1451

FIRST-CLASS MAIL U.S POSTAGE PAID

THOMAS R. LA PERLE APPLE INC. 1 INFINITE LOOP CUPERTINO, CA 95014-2083

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANTS TRADEMARK APPLICATION

APPLICATION SERIAL NO. MARK:

85/018959

*85018959*
GENERAL TRADEMARK INFORMATION:

CORRESPONDENT ADDRESS: THOMAS R. LA PERLE APPLE INC. 1 INFINITE LOOP CUPERTINO, CA 95014-2083 APPLICANT: Apple Inc.

http://www.uspto.gov/main/trademarks.htm

CORRESPONDENTS REFERENCE/DOCKET NO: N/A CORRESPONDENT E-MAIL ADDRESS:

EXAMINERS AMENDMENT
ISSUE/MAILING DATE:

DATABASE SEARCH: The trademark examining attorney has searched the USPTOs database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP 704.02; see 15 U.S.C. 1052(d). APPLICATION HAS BEEN AMENDED: In accordance with the authorization granted by Lisa Widup on August 4, 2010, the trademark examining attorney has amended the application as indicated below. Please advise the undersigned immediately of any objections. Otherwise, no response is necessary. TMEP 707. Any amendments to the identification of goods and/or services may clarify or limit the goods and/or services, but may not add to or broaden the scope of the goods and/or services. 37 C.F.R. 2.71(a); see TMEP 1402.06 et seq.

Amendment of Identification of Goods The identification of goods is amended to read as follows: Text and multimedia messaging software, namely, software for processing images, graphics and text, in International Class 009. TMEP 1402.01(e). Color Claim and Description of Colors in Mark The following revised color claim statement and statement describing color in the mark are added to the

record: The colors white, green, dark green and light green are claimed as a feature of the mark. The mark consists of a rectangle with rounded corners depicting a stylized speech bubble on a diagonal striped background. The color white appears in the speech bubble design; the colors green and dark green appear in the diagonal stripes in the background of the rectangle design; and the color light green appears in the upper half of the rectangle design. 37 C.F.R. 2.52(b)(1); TMEP 807.07(a)(ii).

/Andrew Rhim/ Examining Attorney Law Office 101 phone (571) 272-9711 fax (571) 273-9101

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at http://tarr.uspto.gov/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, call 1-800-7869199. For more information on checking status, see http://www.uspto.gov/trademarks/process/status/. TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.uspto.gov/teas/eTEASpageE.htm.

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANTS TRADEMARK APPLICATION

APPLICATION SERIAL NO. MARK: CORRESPONDENT ADDRESS: THOMAS R. LA PERLE APPLE INC. 1 INFINITE LOOP CUPERTINO, CA 95014-2083 APPLICANT: Apple Inc.

85/018959

*85018959*
CLICK HERE TO RESPOND TO THIS LETTER:

http://www.uspto.gov/teas/eTEASpageD.htm

CORRESPONDENTS REFERENCE/DOCKET NO: N/A CORRESPONDENT E-MAIL ADDRESS:

OFFICE ACTION STRICT DEADLINE TO RESPOND TO THIS LETTER

TO AVOID ABANDONMENT OF APPLICANTS TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANTS COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.

ISSUE/MAILING DATE:

The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. 1062(b); 37 C.F.R. 2.62, 2.65(a); TMEP 711, 718.03. The Office records have been searched and there are no similar registered or pending marks that would bar registration under Trademark Act Section 2(d), 15 U.S.C. 1052(d). TMEP 704.02. Identification of Goods The goods include computer software; however, the wording used to describe the software is indefinite and must be clarified to indicate the purpose or function of the software. If the software is field-specific, applicant must also specify the field of use. TMEP 1402.03(d). Clarification of the purpose, function or field of use of the software is necessary to permit proper examination of the application and to enable the Office to make appropriate decisions concerning possible conflicts between the applicants mark and other marks. See In re N.A.D. Inc., 57 USPQ2d 1872, 1874 (TTAB 2000).

Applicant may adopt the following identification of goods, if accurate: Text and multimedia messaging software, namely, [ insert function of software, and if content- or fieldspecific, the field of use, e.g., software for processing images, graphics and text], in International Class 009. For assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.uspto.gov/netahtml/tidm.html. See TMEP 1402.04. Although identifications of goods and/or services may be amended to clarify or limit the goods and/or services, adding to or broadening the scope of the goods and/or services is not permitted. 37 C.F.R. 2.71(a); see TMEP 1402.06 et seq., 1402.07. Therefore, applicant may not amend the identification to include goods and/or services that are not within the scope of the goods and/or services set forth in the present identification. Color Claim Incomplete Does Not Reference All Colors The color claim does not identify all the colors in the drawing of the mark. Specifically, the following colors have been omitted: dark green and light green. A complete color claim must list all the colors appearing in the drawing of the mark. See 37 C.F.R. 2.52(b)(1); TMEP 807.07(a) et seq. If black, white, and/or gray are not being claimed as a color feature of the mark, applicant must exclude these from the color claim and include in the mark description a statement that the colors black, white, and/or gray represent background, outlining, shading and/or transparent areas and are not part of the mark. TMEP 807.07(d). Based on the foregoing requirements for a complete color claim, applicant must provide a color claim that references all of the colors appearing in the drawing of the mark. See 37 C.F.R. 2.52(b)(1); TMEP 807.07(a) et seq. The following color claim is suggested: The colors white, green, dark green and light green are claimed as a feature of the mark. Color Location Description Incomplete Does Not Reference All Colors The mark description is incomplete because it does not reference all the literal or design elements in the mark and/or it does not reference all the colors in those elements. A complete mark description for a mark depicted in color must identify all the literal and design elements in the mark and specify where the colors appear in those elements. See 37 C.F.R. 2.37, 2.52(b)(1); TMEP 807.07(a) et seq. If black, white, and/or gray are not being claimed as a color feature of the mark, applicant must exclude these from the color claim and include in the mark description a statement that the colors black, white, and/or gray represent background, outlining, shading, and/or transparent areas and are not part of the mark. TMEP 807.07(d). Based on the foregoing requirements for a complete mark description, applicant must provide a description of the mark that identifies all the literal and design elements and specifies where the colors appear in those elements. See 37 C.F.R. 2.52(b)(1); TMEP 807.07(a) et seq. The following description is suggested, if accurate:

The mark consists of a rectangle with rounded corners depicting a stylized speech bubble on a diagonal striped background. The color white appears in the speech bubble design; the colors green and dark green appear in the diagonal stripes in the background of the rectangle design; and the color light green appears in the upper half of the rectangle design.

/Andrew Rhim/ Examining Attorney Law Office 101 phone (571) 272-9711 fax (571) 273-9101

TO RESPOND TO THIS LETTER: Use the Trademark Electronic Application System (TEAS) response form at http://teasroa.uspto.gov/roa/. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response. PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at http://tarr.uspto.gov/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, call 1-800-7869199. For more information on checking status, see http://www.uspto.gov/trademarks/process/status/. TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.uspto.gov/teas/eTEASpageE.htm.

*** User:Arhim *** # Total Dead Marks 01 02 03 04 05 06 07 08 09 1 1352 1007 757 240 227 172 163 128 Marks 0 N/A N/A N/A N/A N/A 0 N/A 0

Live Viewed Docs 1 0 0 0 0 0 172 0 128

Live Viewed Images 1 0 0 0 0 0 172 0 128

Status/ Search Duration 0:01 0:01 0:04 0:01 0:02 0:01 0:01 0:01 0:01

Search

85018959[SN] 011517[dc] 2 and "009"[cc] 3 not dead 2 and ("009" or a or b or 200)[ic] 2 and ("042" or a or b or 200)[ic] 6 not dead 5 not dead 8 not 7

Session started 8/3/2010 9:28:36 PM Session finished 8/3/2010 9:35:54 PM Total search duration 0 minutes 13 seconds Session duration 7 minutes 18 seconds Defaut NEAR limit=1ADJ limit=1

Sent to TICRS as Serial Number: 85018959

*** User:Arhim *** # Total Dead Marks 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 1 1352 14874 5082 2 0 151306 41381 136 40 22 99 110 81 80 58 57 Marks 0 N/A N/A N/A 1 0 N/A N/A N/A N/A 0 0 N/A N/A 0 N/A 0

Live Viewed Docs 1 0 0 0 1 0 0 0 0 0 22 99 0 0 80 0 57

Live Viewed Images 1 0 0 0 1 0 0 0 0 0 22 99 0 0 80 0 57

Status/ Search Duration 0:01 0:01 0:01 0:01 0:01 0:01 0:02 0:01 0:01 0:01 0:01 0:01 0:02 0:02 0:01 0:01 0:01

Search

85018959[SN] 011517[dc] 261112[dc] 260912[dc] 2 and 3 2 and 4 261121[dc] 260921[dc] 2 and 7 2 and 8 10 not dead 9 not dead "speech bubble"[de] "thought bubble"[de] 13 not dead 14 not dead 16 not 15

Session started 8/3/2010 5:48:36 PM Session finished 8/3/2010 5:54:25 PM Total search duration 0 minutes 20 seconds Session duration 5 minutes 49 seconds Defaut NEAR limit=1ADJ limit=1

Sent to TICRS as Serial Number: 85018959

UNITED STATES PATENT AND TRADEMARK OFFICE Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451 www.uspto.gov

Apr 27, 2010

NOTICE OF DESIGN SEARCH CODE

THOMAS R. LA PERLE APPLE INC. 1 INFINITE LOOP CUPERTINO, CA 95014-2083 ATTORNEY REFERENCE NUMBER: SERIAL NUMBER: 85/018959 MARK: MISCELLANEOUS DESIGN OWNER: Apple Inc.

The USPTO may assign design search codes, as appropriate, to new applications and renewed registrations to assist in searching the USPTO database for conflicting marks. They have no legal significance and will not appear on the registration certificate. Design search codes are numerical codes assigned to figurative, non-textual elements found in marks. For example, if your mark contains the design of a flower, design search code 05.05 would be assigned to your application. Design search codes are described on Internet Web page http://www.uspto.gov/tmdb/dscm/index.html. Response to this notice is not required; however, to suggest additions or changes to the design search code(s) assigned to your mark, please e-mail TMDesignCodeComments@USPTO.GOV. You must reference your application serial number within your request. The USPTO will review the proposal and update the record, if appropriate. For questions, please call 1-800786-9199 to speak to a Customer Service representative. Design search codes assigned to the referenced serial number are listed below.

PTO Form 1478 (Rev 9/2006) OMB No. 0651-0009 (Exp 12/31/2011)

Trademark/Service Mark Application, Principal Register

Serial Number: 85018959 Filing Date: 04/21/2010

The table below presents the data as entered.

Input Field SERIAL NUMBER MARK INFORMATION
*MARK SPECIAL FORM USPTO-GENERATED IMAGE COLOR MARK COLOR(S) CLAIMED (If applicable) *DESCRIPTION OF THE MARK (and Color Location, if applicable) PIXEL COUNT ACCEPTABLE PIXEL COUNT

Entered 85018959

\\TICRS\EXPORT10\IMAGEOUT 10\850\189\85018959\xml1\ APP0002.JPG YES NO YES The color(s) green and white is/are claimed as a feature of the mark. The mark consists of a rectangle with rounded corners depicting a stylized white speech bubble on a green background. YES 944 x 923 Principal

REGISTER APPLICANT INFORMATION

*OWNER OF MARK *STREET *CITY *STATE (Required for U.S. applicants) *COUNTRY *ZIP/POSTAL CODE (Required for U.S. applicants only)

Apple Inc. 1 Infinite Loop Cupertino California United States 95014

LEGAL ENTITY INFORMATION

TYPE STATE/COUNTRY OF INCORPORATION

corporation California

GOODS AND/OR SERVICES AND BASIS INFORMATION

INTERNATIONAL CLASS *IDENTIFICATION FILING BASIS FIRST USE ANYWHERE DATE FIRST USE IN COMMERCE DATE SPECIMEN FILE NAME(S) SPECIMEN DESCRIPTION

009 Text and multimedia messaging software SECTION 1(a) At least as early as 06/29/2007 At least as early as 06/29/2007 \\TICRS\EXPORT10\IMAGEOUT 10\850\189\85018959\xml1\ APP0003.JPG screen capture of website displaying mark at point of sale

ADDITIONAL STATEMENTS SECTION

PRIOR REGISTRATION(S)

The applicant claims ownership of U.S. Registration Number(s) 3470983.

ATTORNEY INFORMATION
NAME FIRM NAME INTERNAL ADDRESS STREET CITY STATE COUNTRY ZIP/POSTAL CODE PHONE FAX OTHER APPOINTED ATTORNEY

Thomas R. La Perle Apple Inc. MS: 3TM 1 Infinite Loop Cupertino California United States 95014 408-974-2385 408-253-0186 Lisa Widup

CORRESPONDENCE INFORMATION
NAME FIRM NAME INTERNAL ADDRESS STREET

Thomas R. La Perle Apple Inc. MS: 3TM 1 Infinite Loop

CITY STATE COUNTRY ZIP/POSTAL CODE PHONE FAX

Cupertino California United States 95014 408-974-2385 408-253-0186

FEE INFORMATION
NUMBER OF CLASSES FEE PER CLASS *TOTAL FEE DUE *TOTAL FEE PAID

1 325 325 325

SIGNATURE INFORMATION
SIGNATURE SIGNATORY'S NAME SIGNATORY'S POSITION DATE SIGNED

/Thomas R. La Perle/ Thomas R. La Perle Attorney of Record, California bar member 04/20/2010

PTO Form 1478 (Rev 9/2006) OMB No. 0651-0009 (Exp 12/31/2011)

Trademark/Service Mark Application, Principal Register

Serial Number: 85018959 Filing Date: 04/21/2010

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The color(s) green and white is/are claimed as a feature of the mark. The mark consists of a rectangle with rounded corners depicting a stylized white speech bubble on a green background. 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 009: Text and multimedia messaging software In International Class 009, the mark was first used at least as early as 06/29/2007, and first used in commerce at least as early as 06/29/2007, and is now in use in such commerce. The applicant is submitting one specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) screen capture of website displaying mark at point of sale. Specimen File1

The applicant claims ownership of U.S. Registration Number(s) 3470983. The applicant's current Attorney Information: Thomas R. La Perle and Lisa Widup of Apple Inc. MS: 3TM 1 Infinite Loop Cupertino, California 95014 United States

The applicant's current Correspondence Information: Thomas R. La Perle Apple Inc. MS: 3TM 1 Infinite Loop

Cupertino, California 95014 408-974-2385(phone) 408-253-0186(fax) A fee payment in the amount of $325 has been submitted with the application, representing payment for 1 class(es). Declaration The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and 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.

Signature: /Thomas R. La Perle/ Date Signed: 04/20/2010 Signatory's Name: Thomas R. La Perle Signatory's Position: Attorney of Record, California bar member

RAM Sale Number: 6336 RAM Accounting Date: 04/21/2010 Serial Number: 85018959 Internet Transmission Date: Wed Apr 21 02:08:29 EDT 2010 TEAS Stamp: USPTO/BAS-24.5.80.5-20100421020829900987 -85018959-460411c61bd5010a34d54b1d4dcebb 36242-DA-6336-20100421015731132094