Apple’s recent trademark filing of the mark THE ITUNES DOWNLOAD received its first office action letter from the USPTO on May 12th.
The office action states, “The specimen is not acceptable because it does not show the applied-for mark used in connection with any of the goods and/or services specified in the statement of use. A statement of use must include a specimen showing the applied-for mark in use in commerce for each class of goods and/or services specified in the statement of use.”
Hence we have the mark,”THE ITUNES DOWNLOAD” prima facie refused due to an unacceptable specimen submitted for the category of goods i.e class 41 under which it was filed.
The main issue is that the word “radio” does not appear on the advertising as the specimen submitted by Apple (seen below) is identified as a web page advertising applicant’s radio broadcast, but fails to associate the mark with radio programs.
Also in a recent update of status of all applications; Apple’s mark “TUESDAY 9” is yet to be assigned to an examiner for review. The mark “TUESDAY 9” was filed by Computer software for personal information management, data synchronization and sharing, automated reminders, and event scheduling and was assigned the serial number 85033749.