`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`
`
`
`
`Mailed: July 15, 2005
`
`Applicant: Apple City Entertainment, LLC
`Serial No.: 76504160
`Filed: 04/04/2003
`Mark: APPLE CITY
`
`ALLEN J BADEN
`KENYON & KENYON
`333 WEST SAN CARLOS STREET SUITE 600
`SAN JOSE, CA 95110
`
`
`
`James Scott Legal Assistant
`
`The request for a 3 month extension of time to oppose filed
`July 14, 2005 on behalf of Apple Computer Inc. is noted.
`The rules, as amended, specifically provide that an
`extension will be granted for specific amounts of time. No
`extension can be granted for times other than those
`delineated in the rules as indicated below.
`
`Extensions of time to oppose may be granted only as provided
`in Trademark Rule 2.102:1
`
`(c) The time for filing an opposition shall not be
`extended beyond 180 days from the date of publication.
`Any request to extend the time for filing an opposition
`must be filed before thirty days have expired from the
`date of publication or before the expiration of a
`previously granted extension of time, as appropriate.
`Requests to extend the time for filing an opposition
`must be filed as follows:
`
`
`(1) A person may file a first request for either
`a thirty-day extension of time, which will be granted
`upon request, or a ninety-day extension of time, which
`will be granted only for good cause shown.
`
`
`1 Trademark Rule 2.102 was recently amended. See, Rules of Practice for
`Trademark-Related Filings Under the Madrid Protocol Implementation Act,
`68 Fed. Reg. 55,748 (Sept. 26, 2003). The amended rule applies to any
`potential opposer which filed its first extension of time against a
`particular application on or after November 2, 2003. Id.
`
`
`
`
`
`(2) If a person was granted a thirty-day
`extension of time, that person may file a request for
`an additional sixty-day extension of time, which will
`be granted only for good cause shown.
`
`
`(3) After receiving one or two extensions of time
`totaling ninety days, a person may file one final
`request for an extension of time for an additional
`sixty days. The Board will grant this request only
`upon written consent or stipulation signed by the
`applicant or its authorized representative, or a
`written request by the potential opposer or its
`authorized representative stating that the applicant or
`its authorize representative has consented to the
`request, or a showing of extraordinary circumstances.
`No further extensions of time to file an opposition
`will be granted under any circumstances.
`
`
`Because potential opposer’s extension request includes a
`showing of good cause, the request is granted to the
`extent that potential opposer is allowed until October
`12, 2005 in which to file an opposition herein, or a
`further request for an extension of time, if appropriate.
`
`Note that the Board will not suspend the time for filing a
`notice of opposition for any reason. TBMP § 209.01 (2d ed.
`June 2003).
`
`
`.oOo.
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