USPTO: Airpods Trademark File

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    To: Entertainment in Flight LLC ([email protected])

    Subject: U.S. TRADEMARK APPLICATION NO. 86764566 - AIRPODS - N/A

    Sent: 1/13/2016 1:57:07 PM

    Sent As: [email protected]

    Attachments:

    UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANTS TRADEMARK APPLICATION

    U.S. APPLICATION SERIAL NO. 86764566

    MARK: AIRPODS

    *86764566*CORRESPONDENT ADDRESS:

    CHRISTOPHER HARVEY

    1209 N Orange St

    Wilmington, DE 19801-1120

    CLICK HERE TO RESPOND TO THIShttp://www.uspto.gov/trademarks/teas/response_

    VIEW YOUR APPLICATION FILE

    APPLICANT: Entertainment in Flight LLC

    CORRESPONDENTS REFERENCE/DOCKET NO :

    N/A

    CORRESPONDENT E-MAIL ADDRESS:

    [email protected]

    OFFICE ACTION

    STRICT DEADLINE TO RESPOND TO THIS LETTERTO 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: 1/13/2016

    The referenced application has been reviewed by the assigned trademark examining attorney. Applicantmust respond timely and completely to the issue(s) below. 15 U.S.C. 1062(b); 37 C.F.R. 2.62(a),

    2.65(a); TMEP 711, 718.03.

    SEARCH OF OFFICES DATABASE OF MARKS

    The trademark examining attorney has searched the Offices 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; see15 U.S.C. 1052(d).

    http://tsdr.uspto.gov/#caseNumber=86764566&caseType=SERIAL_NO&searchType=documentSearchhttp://www.uspto.gov/trademarks/teas/response_forms.jspmailto:[email protected]
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    SUMMARY OF ISSUES:

    Requirement for Acceptable Identification of Goods

    Requirement for Signed Declaration and Verification

    REQUIREMENT FOR ACCEPTABLE IDENTIFICATION/CLASSIFICATION OF GOODS

    Some of the wording in the recitation of goods must be clarified because it is indefinite and/or too broad.

    SeeTMEP 1402.01.

    The USPTO has the discretion to determine the degree of particularity needed to clearly identify goods

    and/or services covered by a mark. In re Fiat Grp. Mktg. & Corp. Commcns S.p.A, 109 USPQ2d 1593,

    1597 (TTAB 2014) (citing In re Omega SA, 494 F.3d 1362, 1365, 83 USPQ2d 1541, 1543-44 (Fed. Cir.

    2007)). Accordingly, the USPTO requires the description of goods and/or services in a U.S. application

    to be specific, definite, clear, accurate, and concise. TMEP 1402.01;see In re Fiat Grp. Mktg. & Corp.

    Commcns S.p.A, 109 USPQ2d at 1597-98; Cal. Spray-Chem. Corp. v. Osmose Wood Pres. Co. of Am. ,

    102 USPQ 321, 322 (Commr Pats. 1954).

    The wording Audio components and accessories in the identification of goods is indefinite and must be

    clarified because it does not make clear the nature of the goods. SeeTMEP 1402.01. Applicant maysubstitute the following wording, if accurate:

    Class 9: Audio components and accessories, namely, {specify the nature of the components and

    accessories by common commercial name, e.g., audio electronic components, namely, surround

    sound systems, audio headphones, etc.} .

    The wording remote control apparatus in the identification of goods is indefinite and must be clarified

    because it does not make clear the nature of the goods. SeeTMEP 1402.01. Applicant may substitute

    the following wording, if accurate:

    Class 9: Remote control apparatus, namely, remote controls for {indicate specific devices, e.g.radios,televisions, stereos, etc. butnotgaming apparatuses}.

    The wording voice recording and recognition apparatus in the identification of goods is indefinite and

    must be clarified because it does not make clear the nature of the goods. SeeTMEP 1402.01. Applicant

    may substitute the following wording, if accurate:

    Class 9: Digital voice recorders with speech recognitionsoftware.

    The wording radios, radio transmitters, and receivers in the identification of goods is indefinite and

    must be clarified because it does not make clear the nature of the goods. SeeTMEP 1402.01. Applicant

    may substitute the following wording, if accurate:

    Class 9: Radios, radio transmitters, and radio receivers.

    The wording handheld digital electronic devices and software related thereto in the identification of

    goods is indefinite and must be clarified because it does not make clear the nature of the goods. See

    TMEP 1402.01. Applicant may substitute the following wording, if accurate:

    Class 9: Handheld digital electronic devices, namely, {indicate specific device, e.g., cell phones, MP3

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    players, personal digital assistants, etc.}, and software for {specify use, e.g., recording, organizing,

    transmitting, manipulating, and reviewing text, data, image, and audio files}.

    The wording electrical and electronic connectors, couplers, wires, cables, chargers, docks, docking

    stations, interfaces, and adapters for use with all of the aforesaid goods in the identification of goods is

    indefinite and must be clarified because it does not make clear the nature of the goods. SeeTMEP

    1402.01. Applicant may substitute the following wording, if accurate:

    Class 9: Electrical and electronic connectors, data processing equipment in the nature ofcouplers,

    electric wires, electrical and electronic cables, battery chargers, docks being power supplies,

    electronic docking stations, interfaces for {specify use,e.g., computers, detectors, electronic

    display, etc.} ., and electricaladapters for use with all of the aforesaid goods.

    General Suggestion for Identification and Classification of Goods

    Class 9: Audio components and accessories, namely, {specify the nature of the components and

    accessories by common commercial name, e.g., audio electronic components, namely, surround

    sound systems, audio headphones, etc.} ; sound recording and reproducing apparatus; digital video

    recorders and players; Remote control apparatus, namely, remote controls for {indicate specific devices,e.g.radios, televisions, stereos, etc. butnotgaming apparatuses}; audio speakers; earphones,

    headphones; microphones; Digital voice recorders with speech recognitionsoftware; Radios, radio

    transmitters, and radio receivers; Handheld digital electronic devices, namely, {indicate specific device,

    e.g., cell phones, MP3 players, personal digital assistants, etc.}, and software for {specify use, e.g.,

    recording, organizing, transmitting, manipulating, and reviewing text, data, image, and audio

    files}; wireless communication devices for voice, data or image transmission; Electrical and electronic

    connectors, data processing equipment in the nature of couplers, electric wires, electrical and

    electroniccables, battery chargers, docks being power supplies, electronic docking stations, interfaces

    for {specify use, e.g., computers, detectors, electronic display, etc.} ., and electricaladapters

    for use with all of the aforesaid goods

    An applicant may only amend an identification to clarify or limit the goods and/or services, but not to 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.,

    1402.07.

    For assistance with identifying and classifying goods and services in trademark applications, please see

    the USPTOs online searchable U.S. Acceptable Identification of Goods and Services Manual at

    http://tess2.uspto.gov/netahtml/tidm.html. SeeTMEP 1402.04.

    REQUIREMENT FOR SIGNED DECLARATION AND VERIFICATION

    The application was not signed and verified, which are application requirements. See 15 U.S.C.1051(a)-(b), 1126(d)-(e); 37 C.F.R. 2.33(a)-(b), 2.34(a)(1)(i), (a)(2), (a)(3)(i), (a)(4)(ii). Therefore,

    applicant must verify the statements specified further below in an affidavit or signed declaration under 37

    C.F.R. 2.20. See 15 U.S.C. 1051(a)(3), (b)(3), 1126(d)-(e); 37 C.F.R. 2.33(a)-(b), 2.34(a)(1)(i),

    (a)(2), (a)(3)(i), (a)(4)(ii), 2.193(e)(1); TMEP 804.02, 806.01(a)-(d).

    To respond to this requirement online using the Trademark Electronic Application System (TEAS)

    response form, answer yes to the TEAS response form wizard question relating to submitting a

    signed declaration, and follow the instructions within the form for signing.

    http://tess2.uspto.gov/netahtml/tidm.html
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    To respond to this requirement on paper, via regular mail, applicant may provide the followingstatements and declaration at the end of the response, personally signed by a person authorized under 37

    C.F.R. 2.193(e)(1) and dated, with the printed or typed name of the signatory appearing immediatelybelow the signature. See37 C.F.R. 2.20, 2.33(a)-(b), 2.34(a)(1)(i), (a)(2), (a)(3)(i), (a)(4)(ii), 2.193(a),

    (d); TMEP 611.01(b), 804.01(b). The signatorys particular title or position should also be specified.SeeTMEP 804.04.

    STATEMENTS: The signatory believes that: if the application is being filed under 15 U.S.C.1051(a), the applicant is the owner of the mark; the mark is in use in commerce and has been

    in use in commerce as of the application filing date; the original specimen(s), if applicable,shows the mark as used on or in connection with the goods or services as of the applicationfiling and/or, if the application is being filed under 15 U.S.C. 1051(b), 1126(d), and/or

    1126(e), the applicant is entitled to use the trademark and/or service mark in commerce on orin connection with the goods or services specified in the application; the applicant has a bona

    fide intention to use the mark in commerce and had a bona fide intention to use the mark incommerce as of the application filing date; and to the best of the signatorys knowledge and

    belief, no other person has the right to use the mark in commerce, either in the identical form

    or in such near resemblance as to be likely, when applied to the goods and/or services of suchother person, to cause confusion or mistake, or to deceive.

    DECLARATION: 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 falsestatements and the like may jeopardize the validity of the application or any registrationresulting therefrom, declares that all statements made of his or her own knowledge are true and

    all statements made on information and belief are believed to be true.

    _____________________________(Signature)

    _____________________________(Print or Type Name and Position)

    _____________________________

    (Date)

    RESPONSE GUIDELINES

    TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS TO MAINTAIN LOWER

    FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTINGDOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus

    or TEAS RF application form must (1) file certain documents online using TEAS, including responses toOffice actions (see TMEP 819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a

    valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mailthroughout the prosecution of the application. See37 C.F.R. 2.22(b), 2.23(b); TMEP 819, 820.TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional

    processing fee of $50 per international class of goods and/or services. 37 C.F.R. 2.6(a)(1)(v), 2.22(c),2.23(c); TMEP 819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may

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    respond to an Office action by authorizing an examiners amendment by telephone without incurring this

    additional fee.

    All relevant e-mail communications will be placed in the official application record; however, an e-mail

    communication will not be accepted as a response to this Office action and will not extend the deadline

    for filing a proper response. See 37 C.F.R. 2.62(c), 2.191; TMEP 304.01-.02, 709.04-.05. Further,

    although the trademark examining attorney may provide additional explanation pertaining to the

    refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not providelegal advice or statements about applicants rights. SeeTMEP 705.02, 709.06.

    If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark

    examining attorney.

    /Jeanie H. Lee/

    Examining Attorney

    Law Office 105

    (571) [email protected]

    TO RESPOND TO THIS LETTER: Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp. Please

    wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System

    (TEAS), to allow for necessary system updates of the application. For technicalassistance with online

    forms, e-mail [email protected]. For questions about the Office action itself, please contact the assigned

    trademark examining attorney. E-mail communications will not be accepted as responses to Office

    actions; therefore, do not respond to this Office action by e-mail.

    All informal e-mail communications relevant to this application will be placed in the official

    application record.

    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 the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.uspto.gov/. Please keep

    a copy of the TSDR status screen. If the status shows no change for more than six months, contact the

    Trademark Assistance Center by e-mail at [email protected] or call

    1-800-786-9199. For more information on checking status, seehttp://www.uspto.gov/trademarks/process/status/.

    TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at

    http://www.uspto.gov/trademarks/teas/correspondence.jsp .

    http://www.uspto.gov/trademarks/teas/correspondence.jsphttp://www.uspto.gov/trademarks/process/status/mailto:[email protected]://tsdr.uspto.gov/mailto:[email protected]://www.uspto.gov/trademarks/teas/response_forms.jsp
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    To: Entertainment in Flight LLC ([email protected])

    Subject: U.S. TRADEMARK APPLICATION NO. 86764566 - AIRPODS - N/A

    Sent: 1/13/2016 1:57:08 PM

    Sent As: [email protected]

    Attachments:

    UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

    IMPORTANT NOTICE REGARDING YOUR

    U.S. TRADEMARK APPLICATION

    USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

    ON 1/13/2016FOR U.S. APPLICATION SERIAL NO. 86764566

    Please follow the instructions below:

    (1) TO READ THE LETTER: Click on this link or go to http://tsdr.uspto.gov, enter the U.S.

    application serial number, and click on Documents.

    The Office action may not be immediately viewable, to allow for necessary system updates of the

    application, but will be available within 24 hours of this e-mail notification.

    (2) TIMELY RESPONSE IS REQUIRED: Please carefully review the Office action to determine (1)

    how to respond, and (2) the applicable response time period. Your response deadline will be calculated

    from 1/13/2016 (or sooner if specified in the Office action). For information regarding response time

    periods, see http://www.uspto.gov/trademarks/process/status/responsetime.jsp.

    Do NOT hit Reply to this e-mail notification, or otherwise e-mail your response because the

    USPTO does NOT accept e-mails as responses to Office actions. Instead, the USPTO recommends that

    you respond online using the Trademark Electronic Application System (TEAS) response form located at

    http://www.uspto.gov/trademarks/teas/response_forms.jsp .

    (3) QUESTIONS: For questions about the contents of the Office action itself, please contact theassigned trademark examining attorney. Fortechnical assistance in accessing or viewing the Office action

    in the Trademark Status and Document Retrieval (TSDR) system, please e-mail [email protected].

    WARNING

    Failure to file the required response by the applicable response deadline will result in the

    ABANDONMENT of your application. For more information regarding abandonment, see

    mailto:[email protected]://www.uspto.gov/trademarks/teas/response_forms.jsphttp://www.uspto.gov/trademarks/process/status/responsetime.jsphttp://tsdr.uspto.gov/http://tsdr.uspto.gov/view.action?sn=86764566&type=OOA&date=20160113#tdrlinkmailto:[email protected]
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    http://www.uspto.gov/trademarks/basics/abandon.jsp.

    PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION: Private

    companies notassociated with the USPTO are using information provided in trademark applications to

    mail or e-mail trademark-related solicitations. These companies often use names that closely resemble

    the USPTO and their solicitations may look like an official government document. Many solicitations

    require that you pay fees.

    Please carefully review all correspondence you receive regarding this application to make sure that you

    are responding to an official document from the USPTO rather than a private company solicitation. All

    official USPTO correspondence will be mailed only from the United States Patent and Trademark

    Office in Alexandria, VA; or sent by e-mail from the domain @uspto.gov. For more information on

    how to handle private company solicitations, see

    http://www.uspto.gov/trademarks/solicitation_warnings.jsp.

    http://www.uspto.gov/trademarks/solicitation_warnings.jsphttp://www.uspto.gov/trademarks/basics/abandon.jsp
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    *** User:jlee ***

    # Total Dead Live Live Status/ Search

    Marks Marks Viewed Viewed Search

    Docs Images Duration

    01 36568 N/A 0 0 0:03 *{"EA"}{"EIY"}R*[bi,ti] not dead[ld]

    02 11466 N/A 0 0 0:03 *P{V}D*[bi,ti] not dead[ld]

    03 162 0 162 151 0:01 1 and 204 3724342 N/A 0 0 0:02 "009"[cc]

    05 17507 N/A 0 0 0:01 1 and 4

    06 6233 N/A 0 0 0:01 2 and 4

    07 2291933 N/A 0 0 0:03 ("009" "035" "042" a b 200)[ic]

    08 10784 N/A 0 0 0:02 1 and 7

    09 3460 N/A 0 0 0:01 2 and 7

    10 1070992 N/A 0 0 0:02 "009"[ic]

    11 3935 N/A 0 0 0:01 1 and 10

    12 1926 N/A 0 0 0:01 2 and 10

    13 23904 N/A 0 0 0:03 *A{"EI"}R*[bi,ti] not dead[ld]

    14 1551 N/A 0 0 0:02 *POD*[bi,ti] not dead[ld]

    15 10441 N/A 0 0 0:01 13 and 4

    16 6137 N/A 0 0 0:01 13 and 7

    17 2705 N/A 0 0 0:01 13 and 10

    18 887 N/A 0 0 0:01 14 and 4

    19 547 N/A 0 0 0:01 14 and 7

    20 374 N/A 0 0 0:01 14 and 10

    21 9456 N/A 0 0 0:02 AIR*[bi,ti] not dead[ld]

    22 1127 N/A 0 0 0:01 *POD{"S"0:1}[bi,ti] not dead[ld]

    23 4004 N/A 0 0 0:01 21 and 4

    24 2524 N/A 0 0 0:01 21 and 725 1413 N/A 0 0 0:01 21 and 10

    26 623 N/A 0 0 0:01 22 and 4

    27 418 N/A 0 0 0:01 22 and 7

    28 312 0 312 300 0:01 22 and 10

    29 7185 N/A 0 0 0:02 AIR[bi,ti] not dead[ld]

    30 3002 N/A 0 0 0:01 29 and 4

    31 1896 N/A 0 0 0:01 29 and 7

    32 1126 N/A 0 0 0:01 29 and 10

    33 48 0 48 45 0:02 AIR[fm] not dead[ld]

    Session started 1/13/2016 9:52:36 AM

    Session finished 1/13/2016 12:04:04 PM

    Total search duration 0 minutes 48 seconds

    Session duration 131 minutes 28 seconds

    Defaut NEAR limit=1ADJ limit=1

    Sent to TICRS as Serial Number: 86764566

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    From: TMDesignCodeComments

    Sent: Tuesday, September 29, 2015 00:21 AM

    To: [email protected]

    Subject: Official USPTO Notice of Pseudo Mark: U.S. Trademark SN: 86764566: AIRPODS

    Docket/Reference Number:

    The USPTO may assign pseudo marks, as appropriate, to new applications to assist in searching the USPTO database forconflicting marks. They have no legal significance and will not appear on the registration certificate.

    A PSEUDO MARK may be assigned to marks that include words, numbers, compound words, symbols, or acronyms that canhave alternative spellings or meanings. For example, if the mark comprises the words 'YOU ARE' surrounded by a design of abox, the pseudo mark field in the USPTO database would display the mark as 'YOU ARE SQUARE'. A mark filed as 'URGR8'would receive a pseudo mark of 'YOU ARE GREAT'.

    Response to this notice is not required; however, to suggest additions or changes to the pseudo mark assigned to your mark,please e-mail [email protected]. You mustreference your application serial number within yourrequest. The USPTO will review the proposal and update the record, if appropriate. For questions, please call 1-800-786-9199to speak to a Customer Service representative.

    The USPTO will not send any further response to your e-mail. Check TESS in approximately two weeks to see if the requestedchanges have been entered. Requests deemed unnecessary or inappropriate will not be entered.

    To view this notice and other documents for this application on-line, go to http://tdr.uspto.gov/search.action?sn=86764566.NOTE: This notice will only be available on-line the next business day after receipt of this e-mail.

    Pseudo marks assigned to the referenced serial number are listed below.

    PSEUDO MARK:

    AIR PODS

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    PTO Form 1478 (Rev 9/2006)

    OMB No. 0651-0009 (Exp 02/28/2018)

    Trademark/Service Mark Application, Principal Register

    Serial Number: 86764566

    Filing Date: 09/22/2015

    The table below presents the data as entered.

    Input Field Entered

    SERIAL NUMBER 86764566

    MARK INFORMATION

    *MARK AIRPODS

    STANDARD CHARACTERS YES

    USPTO-GENERATED IMAGE YES

    LITERAL ELEMENT AIRPODS

    MARK STATEMENT

    The mark consists of standard characters,

    without claim to any particular font, style,

    size, or color.

    REGISTER Principal

    APPLICANT INFORMATION

    *OWNER OF MARK Entertainment in Flight LLC

    INTERNAL ADDRESS c/o Corporation Trust Center

    *STREET 1209 Orange Street

    *CITY Wilmington

    *STATE

    (Required for U.S. applicants)Delaware

    *COUNTRY United States

    *ZIP/POSTAL CODE(Required for U.S. applicants)

    19801

    EMAIL ADDRESS [email protected]

    LEGAL ENTITY INFORMATION

    TYPE limited liability company

    STATE/COUNTRY WHERE LEGALLY

    ORGANIZEDDelaware

    http://localhost/var/www/apps/conversion/tmp/RFA0002.JPG
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    GOODS AND/OR SERVICES AND BASIS INFORMATION

    INTERNATIONAL CLASS 009

    *IDENTIFICATION

    Audio components and accessories; sound

    recording and reproducing apparatus; digital

    video recorders and players; remote control

    apparatus; audio speakers; earphones,

    headphones; microphones; voice recording

    and recognition apparatus; radios, radio

    transmitters, and receivers; handheld digital

    electronic devices and software related

    thereto; wireless communication devices for

    voice, data or image transmission; electrical

    and electronic connectors, couplers, wires,

    cables, chargers, docks, docking stations,

    interfaces, and adapters for use with all of the

    aforesaid goods

    FILING BASIS SECTION 1(b)

    FILING BASIS SECTION 44(d)

    FOREIGN APPLICATION NUMBER 66798

    FOREIGN APPLICATION

    COUNTRYJamaica

    FOREIGN FILING DATE 03/23/2015

    INTENT TO

    PERFECT 44(d)

    At this time, the applicant does NOT intend

    to rely on 44(e) as a basis for registration,

    but wishes only to assert a valid claim ofpriority.

    ATTORNEY INFORMATION

    NAME Christopher Harvey

    INTERNAL ADDRESS c/o Corporation Trust Center

    STREET 1209 Orange Street

    CITY Wilmington

    STATE Delaware

    COUNTRY United States

    ZIP/POSTAL CODE 19801

    EMAIL ADDRESS [email protected]

    AUTHORIZED TO COMMUNICATE VIA EMAIL Yes

    CORRESPONDENCE INFORMATION

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    NAME Christopher Harvey

    INTERNAL ADDRESS c/o Corporation Trust Center

    STREET 1209 Orange Street

    CITY Wilmington

    STATE

    Delaware

    COUNTRY United States

    ZIP/POSTAL CODE 19801

    *EMAIL ADDRESS [email protected]

    *AUTHORIZED TO COMMUNICATE VIA

    EMAILYes

    FEE INFORMATION

    APPLICATION FILING OPTION TEAS RF

    NUMBER OF CLASSES 1

    FEE PER CLASS 275

    *TOTAL FEE DUE 275

    *TOTAL FEE PAID 275

    SIGNATURE INFORMATION

    SIGNATURE NOT PROVIDED

    SIGNATORY'S NAME

    NOT PROVIDEDSIGNATORY'S POSITION NOT PROVIDED

    DATE SIGNED NOT PROVIDED

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    PTO Form 1478 (Rev 9/2006)

    OMB No. 0651-0009 (Exp 02/28/2018)

    Trademark/Service Mark Application, Principal Register

    Serial Number: 86764566Filing Date: 09/22/2015

    To the Commissioner for Trademarks:

    MARK:AIRPODS (Standard Characters, see mark)

    The literal element of the mark consists of AIRPODS.

    The mark consists of standard characters, without claim to any particular font, style, size, or color.

    The applicant, Entertainment in Flight LLC, a limited liability company legally organized under the laws

    of Delaware, having an address of

    c/o Corporation Trust Center,

    1209 Orange Street Wilmington, Delaware 19801

    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: Audio components and accessories; sound recording and reproducing

    apparatus; digital video recorders and players; remote control apparatus; audio speakers; earphones,

    headphones; microphones; voice recording and recognition apparatus; radios, radio transmitters, andreceivers; handheld digital electronic devices and software related thereto; wireless communication

    devices for voice, data or image transmission; electrical and electronic connectors, couplers, wires, cables,

    chargers, docks, docking stations, interfaces, and adapters for use with all of the aforesaid goods

    Intent to Use: 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.

    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 66798, filed 03/23/2015.

    INTENT TO PERFECT 44(d) : At this time, the applicant does NOT intend to rely on 44(e) as a basis

    for registration, but wishes only to assert a valid claim of priority.

    The applicant's current Attorney Information:

    Christopher Harvey

    c/o Corporation Trust Center

    1209 Orange Street

    http://localhost/var/www/apps/conversion/tmp/RFA0002.JPG
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    Wilmington, Delaware 19801 United States

    The applicant's current Correspondence Information:

    Christopher Harvey

    c/o Corporation Trust Center

    1209 Orange Street Wilmington, Delaware 19801

    [email protected] (authorized)

    E-mail Authorization:I authorize the USPTO to send e-mail correspondence concerning the applicationto the applicant or applicant's attorney at the e-mail address provided above. I understand that a valid e-

    mail address must be maintained and that the applicant or the applicant's attorney must file the relevantsubsequent application-related submissions via the Trademark Electronic Application System (TEAS).Failure to do so will result in an additional processing fee of $50 per international class of goods/services.

    A fee payment in the amount of $275 has been submitted with the application, representing payment for 1class(es).

    Declaration

    The signatory believes that: if the applicant is filing the application under 15 U.S.C. 1051(a), theapplicant is the owner of the trademark/service mark sought to be registered; the applicant is using the

    mark in commerce on or in connection with the goods/services in the application; the specimen(s) showsthe mark as used on or in connection with the goods/services in the application; and/or if the applicantfiled an application under 15 U.S.C. 1051(b), 1126(d), and/or 1126(e), the applicant is entitled to use

    the mark in commerce; the applicant has a bona fide intention, and is entitled, to use the mark incommerce on or in connection with the goods/services in the application. The signatory believes that 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 tobe likely, when used on or in connection with the goods/services of such other persons, to cause confusion

    or mistake, or to deceive. The signatory being warned that willful false statements and the like arepunishable 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 any registration resultingtherefrom, 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: Not Provided Date: Not Provided

    Signatory's Name: Not ProvidedSignatory's Position: Not ProvidedRAM Sale Number: 86764566

    RAM Accounting Date: 09/23/2015

    Serial Number: 86764566Internet Transmission Date: Tue Sep 22 15:32:59 EDT 2015TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20150922153259

    250209-86764566-540ab295b21c67cfb1831c4a

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    095aa9443d2b36bbb65e362e145bc82250ef1786

    -DA-1867-20150922152133251702

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