Apple’s Shuffle symbol trademark clears Trademark Office hurdle

Posted by Dennis Sellers Mar 11, 2006 at 3:48pm

On Nov. 30, 2005, a Notice of Publication under 12(a) was filed concerning Apple’s Shuffle Symbol under serial number 78/582,770. Prior to the Notice of Publication, the trademark application cleared the important Trademark Office hurdle as witnessed by the Examining Attorney’s response below:

This response is filed in reply to a September 28, 2005 Office Action. The Examining Attorney objected to the recitation “and related peripherals and accessories” as failing to meet the specificity requirements of the Office. The Examining Attorney suggested Applicant may amend the language to read “and parts therefore sold together as a unit.” Applicant thanks the Examining Attorney for her suggestion and adopts the suggested amendment verbatim herein. As the Examining Attorney has found no similar registered or pending marks which would bar registration, and no other issues were raised in the Office Action, Applicant believes the application is in condition for publication and respectfully requests such action.

Applicant [Apple] hereby amends the following class of goods/services in the application as follows:

Current: Class 009 for Portable and handheld digital electronic devices, and related peripherals and accessories, for recording, organizing, transmitting, manipulating, and reviewing data and audio files; computer software for use in organizing, transmitting, manipulating, and reviewing data and audio files on portable and handheld digital electronic devices.

The trademark application

For the record, the original filing of Apple’s trademark application for the Shuffle Symbol was made on March 8, 2005. The specimen included with the application is the iPod shuffle packaging (noted on the right). The application verbiage included the following:

The applicant, Apple Computer, Inc., a corporation of California, residing at MS: 3TM, 1 Infinite Loop, Cupertino, California, United States, 95014, 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.

The applicant, or the applicant’s related company or licensee, is using the mark in commerce, and lists below the dates of use by the applicant, or the applicant’s related company, licensee, or predecessor in interest, of the mark on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

International Class 009: Portable and handheld digital electronic devices, and related peripherals and accessories, for recording, organizing, transmitting, manipulating, and reviewing data and audio files; computer software for use in organizing, transmitting, manipulating, and reviewing data and audio files on portable and handheld digital electronic devices.

In International Class 009, the mark was first used at least as early as 01/11/2005, and first used in commerce at least as early as 01/11/2005, and is now in use in such commerce. The applicant is submitting or will submit one specimen for each class 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) scanned retail packaging where applied for mark appears on lower left corner of retail package.

Excerpts of the November Notice of Publication included the following:

The mark of the application identified appears to be entitled to registration. The mark will, in accordance with Section 12(a) of the Trademark Act of 1946, as amended, be published in the Official Gazette on the date indicated above for the purpose of opposition by any person who believes he will be damaged by the registration of the mark. If no opposition is filed within the time specified by Section 13(a) of the Statute or by rules 2.101 or 2.102 of the Trademark Rules, the Commissioner of Patents and Trademarks may issue a certificate of registration.

NOTICE

Macsimum News presents only a brief summary of patents and/or trademarks with associated graphic(s) for journalistic news purposes as each such patent application and/or grant is revealed by the U.S. Patent & Trade Office. Readers are cautioned that the full text of any patent and/or trademark applications and/or grants should be read in its entirety for further details.

Neo’s Note

The final step is simply to wait for the response from the Notice of Publication before being made official.

neo@macsimumnews.com

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