Side - 1

NOTICE OF PUBLICATION UNDER 12(a)

MAILING DATE: Sep 1, 2010 PUBLICATION DATE: Sep 21, 2010

The mark identified below will be published in the Official Gazette on Sep 21, 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: 85019831 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:

85/019831

*85019831*
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 G. Widup on July 30, 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. Identification: The identification of goods is amended to read as follows: International Class 9 Computer software for organizing, storing, sharing, and viewing images, sold as a feature of computers and handheld mobile digital electronic devices comprised of mobile phones, digital audio and video players, handheld computers, personal digital assistants, and electronic personal organizers See TMEP 1402.01, 1402.01(e).

Color Claim and Mark Description: The following statements describing color in the mark are added to the record: The color(s) yellow, blue, green, brown, black, gray and white is/are claimed as a feature of the mark. The mark consists of a gray, white, and blue rectangle with rounded corners depicting a stylized flower in the colors green, yellow, brown, black, white and gray. 37 C.F.R. 2.52(b)(1); TMEP 807.07(a)(i), (a)(ii). If applicant has questions about its application or needs assistance, please telephone the assigned trademark examining attorney directly at the number below. James W. MacFarlane /James W. MacFarlane/ Trademark Examining Attorney Law Office 104 Phone: 571-270-1512 Fax: 571-270-2512

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.

NOTE TO THE FILE

SERIAL NUMBER: DATE: NAME: NOTE:
Searched:
Google Lexis/Nexis OneLook Wikipedia Acronym Finder Other:

85019831 07/30/2010 jmacfarlane

Discussed ID with:
Senior Atty Managing Atty

Protest evidence reviewed

Checked:
Geographic significance Surname Translation ID with ID/CLASS mailbox

Discussed Geo. Sig. with:

Senior Atty Managing Atty

Discussed file with

Attorney/Applicant via: phone email Requested Law Library search for: PRINT DO NOT PRINT Description of the mark Translation statement Negative translation statement Consent of living individual Changed TRADEUPS to: X OTHER: Discussed X Left message with Attorney/Applicant Issued Examiners Amendment and entered changes in TRADEUPS Added design code in TRADEUPS Re-imaged standard character drawing Contacted TM MADRID ID/CLASS about misclassified definite ID

identification and application with Senior Attorney

Sent to TICRS as Serial Number: 85019809 Sent to TICRS as Serial Number: 85019809

*** User:jmacfarlan *** # Total Dead Marks 01 02 03 8452 1674 125 Marks N/A N/A 0

Live Viewed Docs 0 0 125

Live Viewed Images 0 0 92

Status/ Search Duration 0:04 0:03 0:01

Search

*sun*[bi,ti] not dead[ld] *flower*[bi,ti] not dead[ld] 1 and 2

Session started 7/29/2010 8:37:49 PM Session finished 7/29/2010 8:39:03 PM Total search duration 0 minutes 8 seconds Session duration 1 minutes 14 seconds Defaut NEAR limit=1ADJ limit=1

Sent to TICRS as Serial Number: 85019831

*** User:jmacfarlan *** # Total Dead Marks 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 6633 62852 19710 156 9353 1036 1411 375 331 705 2617 346 2271 299 1987 Marks N/A N/A N/A N/A N/A N/A N/A 0 0 0 N/A N/A N/A 0 0

Live Viewed Docs 0 0 0 0 0 0 0 2 2 2 0 0 0 2 2

Live Viewed Images 0 0 0 0 0 0 0 375 331 705 0 0 0 299 1987

Status/ Search Duration 0:02 0:03 0:02 0:01 0:01 0:01 0:01 0:01 0:03 0:01 0:03 0:02 0:01 0:01 0:01

Search

(050525 DAFFODIL)[dc] not dead[ld] (261121 RECT SHADED)[dc] not dead[ld] (260921 SQ SHADED)[dc] not dead[ld] (050706 SUNFLOWER)[dc] not dead[ld] (0505?? FLOWER)[dc] not dead[ld] 1 and (2 3) 5 and (2 3) 7 not 6 6 and "009"[cc] 6 not 9 1 and "009"[cc] 1 and "009"[ic] 11 not 12 12 not (8 9 10) 13 not (8 9 10)

Session started 7/29/2010 5:35:17 PM Session finished 7/29/2010 6:12:55 PM Total search duration 0 minutes 24 seconds Session duration 37 minutes 38 seconds Defaut NEAR limit=1ADJ limit=1

Sent to TICRS as Serial Number: 85019831

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

Apr 28, 2010

NOTICE OF DESIGN SEARCH CODE

THOMAS R. LA PERLE APPLE INC. 1 INFINITE LOOP CUPERTINO, CA 95014-2083 ATTORNEY REFERENCE NUMBER: SERIAL NUMBER: 85/019831 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: 85019831 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 85019831

\\TICRS\EXPORT10\IMAGEOUT 10\850\198\85019831\xml1\ APP0002.JPG YES NO YES The color(s) yellow, blue and green is/are claimed as a feature of the mark. The mark consists of a rectangle with rounded corners depicting a stylized flower. YES 944 x 944 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

corporation

STATE/COUNTRY OF INCORPORATION

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 Computer software for organizing, storing, sharing, and viewing images SECTION 1(a) At least as early as 06/29/2007 At least as early as 06/29/2007 \\TICRS\EXPORT10\IMAGEOUT 10\850\198\85019831\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 04/21/2010

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

Trademark/Service Mark Application, Principal Register

Serial Number: 85019831 Filing Date: 04/21/2010

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The color(s) yellow, blue and green is/are claimed as a feature of the mark. The mark consists of a rectangle with rounded corners depicting a stylized flower. 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: Computer software for organizing, storing, sharing, and viewing images 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: 04/21/2010 Signatory's Name: Thomas R. La Perle Signatory's Position: Attorney of Record, California bar member

RAM Sale Number: 3541 RAM Accounting Date: 04/22/2010 Serial Number: 85019831 Internet Transmission Date: Wed Apr 21 17:18:53 EDT 2010 TEAS Stamp: USPTO/BAS-17.193.14.176-2010042117185388 8948-85019831-460376b6bf1e867dbff7ac7188 6e682a99-DA-3541-20100421171114225859