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Reply to Apple's Trademark Garage Band - Likelihood of Confusion rejection
- 08 May, 2024
- Nyall Engfield
Response text of Apple's Trademark Garage Band - Likelihood of Confusion rejection.
This was a sale of the trademark, and definitely the company Evolution Artists, Inc. and the CEO Ali Partovi did not ask nearly enough. When Arent Fox comes knocking, you should double the price!
LIKELIHOOD OF CONFUSION: In the office Action dated August 23, 20005, the Examining Attorney requested evidence to support the statement that Applicant and the owner of cited Registration No. 2521615 have agreed to coexist. Please see attached the Agreement between Registrant and Applicant's agent whereby Registrant assigns its rights in the subject mark in connection with computer software (with certain particular exceptions) to Applicant. Please note that in response to the Office Action dated Feb. 6, 2004, Applicant submitted evidence consisting of a press release issued by Registrant wherein Registrant affirmed this Agreement, and in particular, acknowledged Applicant's "music creation software." Given that Registrant has assigned to Applicant all rights in the mark GARAGEBAND in connection with the goods covered by the Application, Applicant respectually requests that this Application be allowed to proceed to registration.
